Title 15, Criminal Procedure

0 chapters · 1,041 sections in this title.

1,041 sectionsFiltered byTitle 15

La. Rev. Stat. § 15:33 Confiscation and destruction of criminal instruments
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§33. Confiscation and destruction of criminal instruments A.(1) All law enforcement officers are hereby authorized to confiscate and dispose of any criminal instrument in accordance with the procedures provided for in R.S. 15:41. (2) If the criminal instrument is a firearm, it sh…
La. Rev. Stat. § 15:41 Disposition of property seized in connection with criminal proceedings
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§41. Disposition of property seized in connection with criminal proceedings A. If there is a specific statute concerning the disposition of the seized property, the property shall be disposed of in accordance with the provisions thereof. B. If there is no such specific statute, t…
La. Rev. Stat. § 15:42 News media, restrictions on search warrants
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§42. News media, restrictions on search warrants A. No search warrant shall issue directing the seizure of property belonging to, or directing the search of the premises occupied by, any person engaged in the business of collecting, writing, editing, or disseminating news through…
La. Rev. Stat. § 15:422 Repealed by Acts 1988, No
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§422. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:423 Proof of registration of physicians and surgeons
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§423. Proof of registration of physicians and surgeons The list of the registered physicians and surgeons in this state published by the Department of Health and Human Resources and duly certified by the secretary of said office shall be received by the courts of the state as pro…
La. Rev. Stat. § 15:424 Statute law of other states
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§424. Statute law of other states The published statutes and digests of the other states and territories shall be prima facie evidence of the statute laws of the state or territory from which they purport to emanate, without being filed in evidence.
La. Rev. Stat. § 15:425 Recitals in report of lunacy commissions
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§425. Recitals in report of lunacy commissions The report of every commission of lunacy shall be prima facie evidence of the facts recited in such report and of the correctness of the findings of such commission.
La. Rev. Stat. § 15:426 Proof of signature of articles of vessels
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§426. Proof of signature of articles of vessels A copy of the articles of any vessels, authenticated by the affidavit of the captain, shall be prima facie evidence that any seaman whose name appears subscribed thereto has actually signed articles.
La. Rev. Stat. § 15:427 Recitals in act of protest of commercial paper
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§427. Recitals in act of protest of commercial paper Whenever any commercial paper shall have been protested, either in or out of this state, for nonpayment, the act of protest, or a certified copy thereof, shall be prima facie evidence of the facts recited in said act.
La. Rev. Stat. § 15:428 Dishonored checks and drafts prima facie evidence of insufficient funds in bank
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§428. Dishonored checks and drafts prima facie evidence of insufficient funds in bank Whenever any check or draft shall have been drawn on any bank, whether such bank be in or out of this state, and payment shall have been refused, such check or draft with its endorsements shall …
La. Rev. Stat. § 15:429 Corporate existence presumed unless affidavit of denial filed before trial
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§429. Corporate existence presumed unless affidavit of denial filed before trial On trial of any criminal case it shall not be necessary to prove the incorporation of any corporation mentioned in the indictment, unless the defendant, before entering upon such trial, shall have fi…
La. Rev. Stat. § 15:43 Attorneys; restrictions on search warrants
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§43. Attorneys; restrictions on search warrants A. The court may issue a subpoena when requested by either the defendant or the state, as provided for in Code of Criminal Procedure Articles 731 through 737, when an attorney is believed to be in possession of evidence of the commi…
La. Rev. Stat. § 15:430 Proof of truth of recitals in copy of registry of birth, baptism or circumcision
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§430. Proof of truth of recitals in copy of registry of birth, baptism or circumcision In all criminal prosecutions for the violation of any law relative to the employment of children or young persons, a copy of the registry of the birth, baptism or circumcision of such child or …
La. Rev. Stat. § 15:430.1 Repealed by Acts 1988, No
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§430.1. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:431 Theft by public officer
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§431. Theft by public officer The failure, neglect, or refusal on the part of any public officer to pay over, at the time and in the manner required by law and to the authority designated by law to receive such payment, any public money in his hands, shall be prima facie evidence…
La. Rev. Stat. § 15:432 Effect of legal presumptions; rebutting evidence; illustrations
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§432. Effect of legal presumptions; rebutting evidence; illustrations A legal presumption relieves him in whose favor it exists from the necessity of any proof; but may none the less be destroyed by rebutting evidence; such is the presumption attaching to the regularity of judici…
La. Rev. Stat. § 15:433 Conclusive presumption defined; illustration
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§433. Conclusive presumption defined; illustration A conclusive presumption is one against which no proof can be admitted, such as the presumption that attaches to res adjudicata, to the recitals contained in legislative acts and to the official journals of legislative proceeding…
La. Rev. Stat. § 15:434 Repealed by Acts 1988, No
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§434. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:435 Repealed by Acts 1988, No
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§435. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:436 Repealed by Acts 1988, No
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§436. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:436.1 Photographs of objects of theft; affidavit of value and ownership; notice to defendant
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§436.1. Photographs of objects of theft; affidavit of value and ownership; notice to defendant A. A photograph of property alleged to be the object of a theft, otherwise admissible, may be admitted as evidence without regard to the availability of the property itself. B. An affid…
La. Rev. Stat. § 15:436.2 Photographs of animals cruelly treated; affidavit of condition; notice to defendant
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§436.2. Photographs of animals cruelly treated; affidavit of condition; notice to defendant A. A photograph of an animal alleged to be cruelly treated, otherwise admissible, may be admitted as evidence without regard to the availability of the animal itself. B. An affidavit of th…
La. Rev. Stat. § 15:437 Repealed by Acts 1988, No
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§437. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:438 Circumstantial evidence
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§438. Circumstantial evidence The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.
La. Rev. Stat. § 15:439 Burden of proof
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§439. Burden of proof The burden of proof is upon him alleging the existence of a fact.
La. Rev. Stat. § 15:440 Relative weight of positive and negative testimony
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§440. Relative weight of positive and negative testimony Positive testimony on a given point must be given greater weight than negative testimony on the same point.
La. Rev. Stat. § 15:440.1 Purpose
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§440.1. Purpose It is declared to be in the best interest of the state that protected persons be spared from crimes of violence, and that persons who commit such crimes be prosecuted with a minimum of additional intrusion into the lives of such protected persons. Acts 1984, No. 5…
La. Rev. Stat. § 15:440.2 Authorization
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§440.2. Authorization A.(1) A court with original criminal jurisdiction or juvenile jurisdiction may require that a statement of a protected person be recorded on videotape by any of the following: (a) Motion of the court or motion of the district attorney, a parish welfare unit …
La. Rev. Stat. § 15:440.3 Videotape; admissibility; exception to hearsay rule
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§440.3. Videotape; admissibility; exception to hearsay rule The videotape authorized by this Subpart is hereby admissible in evidence as an exception to the hearsay rule. Acts 1984, No. 563, §1.
La. Rev. Stat. § 15:440.4 Method of recording videotape; competency
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§440.4. Method of recording videotape; competency A. A videotape of a protected person may be offered in evidence either for or against a defendant. To render such a videotape competent evidence, it must be satisfactorily proved: (1) That such electronic recording was voluntarily…
La. Rev. Stat. § 15:440.5 Admissibility of videotaped statements; discovery by defendant
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§440.5. Admissibility of videotaped statements; discovery by defendant A. The videotape of an oral statement of the protected person made before the proceeding begins may be admissible into evidence if: (1) No attorney for either party was present when the statement was made; (2)…
La. Rev. Stat. § 15:440.6 Confidentiality
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§440.6. Confidentiality Videotapes which are a part of the court record shall be preserved under a protective order of the court in order to protect the privacy of the protected person. The court shall order the destruction of the videotapes after five years have elapsed from the…
La. Rev. Stat. § 15:440.7 Admissibility in civil, family, and administrative proceedings; discovery;
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§440.7. Admissibility in civil, family, and administrative proceedings; discovery; confidentiality A.(1) Courts with civil or family jurisdiction or administrative law judges may authorize the issuance of a subpoena duces tecum for the production of a videotape of a protected per…
La. Rev. Stat. § 15:440.8 Confidentiality of records; child advocacy centers
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§440.8. Confidentiality of records; child advocacy centers The files, reports, records, communications, working papers, or videotaped interviews used or developed in providing services under Part II of Title V of the Children's Code are confidential and not subject to the Public …
La. Rev. Stat. § 15:441 Repealed by Acts 1988, No
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§441. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:441.1 DNA, blood, and saliva testing; relevance
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§441.1. DNA, blood, and saliva testing; relevance Evidence of deoxyribonucleic acid profiles, genetic markers of the blood, and secretor status of the saliva offered to establish the identity of the offender of any crime is relevant as proof in conformity with the Louisiana Code …
La. Rev. Stat. § 15:442 Repealed by Acts 1988, No
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§442. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:443 Repealed by Acts 2021, No
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§443. Repealed by Acts 2021, No. 60, §1.
La. Rev. Stat. § 15:444 Proof of intent unnecessary in statutory crimes; inadmissible evidence
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§444. Proof of intent unnecessary in statutory crimes; inadmissible evidence If a statute has made it a crime to do a particular act, no further proof of intent is required than that accused voluntarily did the act; and any evidence that he did not know such act to be forbidden b…
La. Rev. Stat. § 15:445 Repealed by Acts 1988, No
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§445. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:446 Repealed by Acts 1988, No
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§446. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:447 Repealed by Acts 1988, No
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§447. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:448 Repealed by Acts 1988, No
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§448. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:449 Applicability
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§449. Applicability The term "admission" is applied to those matters of fact which do not involve criminal intent; the term "confession" is applied only to an admission of guilt, not to an acknowledgment of facts merely tending to establish guilt.
La. Rev. Stat. § 15:450 Use of confession, admission or declaration in entirety
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§450. Use of confession, admission or declaration in entirety Every confession, admission or declaration sought to be used against any one must be used in its entirety, so that the person to be affected thereby may have the benefit of any exculpation or explanation that the whole…
La. Rev. Stat. § 15:451 Condition precedent to use of confession; free and voluntary rule
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§451. Condition precedent to use of confession; free and voluntary rule Before what purports to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, t…
La. Rev. Stat. § 15:452 Rights of arrested person as to confession
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§452. Rights of arrested person as to confession No person under arrest shall be subjected to any treatment designed by effect on body or mind to compel a confession of crime.
La. Rev. Stat. § 15:453 Confessions obtained by questions and answers
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§453. Confessions obtained by questions and answers A confession need not be the spontaneous act of the accused and may be obtained by means of questions and answers.
La. Rev. Stat. § 15:454 Inapplicability of free and voluntary rule to admissions not involving criminal intent
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§454. Inapplicability of free and voluntary rule to admissions not involving criminal intent The rule that a confession produced by threat or promise is inadmissible in evidence does not apply to admissions not involving the existence of a criminal intent.
La. Rev. Stat. § 15:455 Effect of declarations and acts of coconspirators
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§455. Effect of declarations and acts of coconspirators Each coconspirator is deemed to assent to or to commend whatever is said or done in furtherance of the common enterprise, and it is therefore of no moment that such act was done or such declaration was made out of the presen…