LOUISIANA CODE OF CRIMINAL PROCEDURE TITLE I PRELIMINARY PROVISIONS AND GENERAL POWERS OF COURTS CHAPTER 1. PRELIMINARY PROVISIONS AND RULES OF CONSTRUCTION Art. 1. Short title; citation of Code This Code shall be known as the Louisiana Code of Criminal Procedure and may be cited officially: C.Cr.P.
Art. 10. Article headings, source notes, and comments not part of law The headings of the articles of this Code, and the source notes and comments thereunder do not constitute parts of the law.
Art. 11. Clerical and typographical errors disregarded Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear.
Art. 12. Pleading a statute In pleading a state statute of Louisiana or an ordinance of a political subdivision thereof, a state statute of another state of the United States, or a federal statute, or a right derived therefrom or an obligation created thereby, it is sufficient to refer to the statute or ordinance by […]
Art. 13. Computation of time In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a […]
Art. 14. Oath or affirmation in criminal proceedings; witness A. If a person refuses to take an oath or to make a sworn statement or affidavit required in connection with any criminal proceedings, he may affirm in lieu of swearing, and his affirmation shall fulfill the requirement and shall have the same legal effect as […]
Art. 14.1. Filing of pleadings and documents by facsimile or electronic transmission A. Any document in a traffic or criminal action may be filed with the clerk of court by facsimile transmission if permitted by the policy of the clerk of court. Filing shall be deemed complete at the time the facsimile transmission is received […]
Art. 2. Purpose and construction The provisions of this Code are intended to provide for the just determination of criminal proceedings. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable delay.
Art. 3. Procedures not otherwise specified Where no procedure is specifically prescribed by this Code or by statute, the court may proceed in a manner consistent with the spirit of the provisions of this Code and other applicable statutory and constitutional provisions.
Art. 4. Number; gender Unless the context clearly indicates otherwise: (1) Words used in the singular number apply also to the plural; words used in the plural number include the singular; and (2) Words used in one gender apply also to the other.
Art. 5. Mandatory and permissive language The word "shall" is mandatory, and the word "may" is permissive.
Art. 6. Conjunctive, disjunctive, or both Unless the context clearly indicates otherwise: (1) The word "and" indicates the conjunctive; (2) The word "or" indicates the disjunctive; (3) When the article is phrased in the disjunctive, followed by the words "or both," both the conjunctive and disjunctive are intended; and (4) The word "and" or "or" […]
Art. 7. Municipal and parochial officers included Unless the context clearly indicates the contrary, the term "district attorney" includes a municipal prosecuting officer; the term "sheriff" includes a city or municipal police chief or a city marshall; and other official titles include their counterparts in municipal and parochial governments.
Art. 8. Assistants and deputies included Unless the context clearly indicates the contrary, official titles, such as clerk of court, coroner, district attorney, and sheriff, include assistants and deputies.
Art. 9. References to Code articles or statutory sections Unless the context clearly indicates the contrary: (1) A reference in this Code to a title, chapter, or article, without further designation, means a title, chapter, or article of this Code; and (2) A reference in this Code to a title, chapter, or article of a […]
