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What is the difference between the state criminal code and the state code of criminal procedure?


The criminal code defines what happens when a prisoner is sentenced, and the code of procedure defines what happens when a defendant is convicted.

The criminal code can be changed; the code of procedure is permanent and not subject to amendment.

The criminal code identifies specific acts that are deemed illegal, and the code of criminal procedure defines how the criminal justice system manages the defendant’s arrest, investigation, prosecution, and potential conviction and incarceration.

The criminal code defines only what happens before trial, and the code of criminal procedure defines only what happens after trial.

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The difference between the state criminal code and the state code of criminal procedure is that:

  • The criminal code identifies specific acts that are deemed illegal, and the code of criminal procedure defines how the criminal justice system manages the defendant’s arrest, investigation, prosecution, and potential conviction and incarceration.

  • This is because the Criminal code is a code that comprises the crimes, the jurisdiction, and the penalties involved or relating to a particular crime.

  • On the other hand, the state code of criminal procedure is the code that defines the process of criminal prosecution that applies to each criminal activity.

  • It touches arrest, till the eventual conviction of the party(s) involved.

Therefore, in this case, it is concluded that the state criminal code is different from the state code on criminal procedure.

Hence, in this case, the correct answer is option C.

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