Purpose of code, statutory construction.

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(1) This code shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely:

  1. To define offenses, to define adequately the act and mental state which constituteeach offense, to place limitations upon the condemnation of conduct as criminal when it is without fault, and to give fair warning to all persons concerning the nature of the conduct prohibited and the penalties authorized upon conviction;

  2. To forbid the commission of offenses and to prevent their occurrence through thedeterrent influence of the sentences authorized; to provide for the rehabilitation of those convicted and their punishment when required in the interests of public protection;

  3. To differentiate on reasonable grounds between serious and minor offenses, and prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities as between individual offenders;

  4. To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses and to identify certain minimum standards for criminal justice which, within the concept of due process of law, have the stature of substantive rights of persons accused of crime;

  5. To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.

Source: L. 71: R&RE, p. 388, § 1. C.R.S. 1963: § 40-1-102. L. 2011: (1)(e) added, (HB 11-1032), ch. 296, p. 1401, § 4, effective August 10.


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