Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 5.10 Preliminary Provisions and Rules of Construction to
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Govern. Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this Code.
8 GCA § 5.13 Headings of No Affect on Substance
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Chapter, article and section headings do not in any manner affect the scope, meaning or intent of the provisions of this Code.
8 GCA § 5.15 References to Laws or Codes Include Amendments
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Thereto. When any reference is made to any portion of this Code or to any other statute, the reference shall apply to all amendments and additions made after the enactment of this Code.
8 GCA § 5.17 Tenses
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The present tense includes the past and future tenses; and the future, the present.
8 GCA § 5.19 Gender
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The masculine gender includes the feminine and neuter.
8 GCA § 5.21 Number
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The singular number includes plural; the plural, the singular.
8 GCA § 5.23 Shall and May Defined
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Shall is mandatory and may is permissive. ---------- ARTICLE 2 DEFINITIONS
8 GCA § 5.40 Parts of Code Defined
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Unless otherwise expressly stated: (a) Chapter means a chapter of this Code. (b) Article means on article of the chapter in which that term occurs. (c) Section means a section of this Code. (d) Subsection means a subsection of the section in which that term occurs. (e) Paragraph …
8 GCA § 5.45 Criminal Action
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The proceedings by which a party charged with an offense is accused and brought to trial and punishment is known as a criminal action. COMMENT: Section 5.45 is substantively the same as former § 683, as well as California Penal Code § 683.
8 GCA § 5.50 Criminal Action Defined
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As used in this Code, offense, crime, felony, misdemeanor, petty misdemeanor, and violation have the meanings provided by § 1.18 of the Criminal and Correctional Code [9 GCA].
8 GCA § 5.55 Peace Officer Defined
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As used in this Code, peace officer includes: (a) All Municipal Mayors; (b) All Municipal Vice Mayors; (c) The Chief of Police and all Officers of the Guam Police Department; (d) The Director of Corrections, Correction and Parole Officers, and Rehabilitative Personnel of the Depa…
8 GCA § 5.56 Peace Officers to Yield to Guam Police Department
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A peace officer while acting within his statutory law enforcement authority outside of his jurisdiction shall yield and be subordinated to a peace officer of the Guam Police Department who subsequently responds having such jurisdiction as provided within 10 GCA § 77103. SOURCE: A…
8 GCA § 5.60 Prosecuting Attorney Defined
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As used in this Code, prosecuting attorney means any attorney, by whatever title designated, having by law the right of duty to prosecute any offense in behalf of Guam. CROSS-REFERENCES: Section 5.60 is new. It is based on a comparable definition set forth in § 691 of the Califor…
8 GCA § 5.65 Territory Defined
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As used in this Code, Territory means Guam. 2023 NOTE: Reference to “territory” omitted pursuant to 1 GCA § 420. ----------