§ 13A-1-8 — Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense

Alabama § 13A-1-8

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 1: General Provisions

Text

(a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this title.
(2) This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.
(b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in Section 13A-1-9; or
(2) One offense consists only of a conspiracy or other form of preparation to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.

Legislative History

(Acts 1977, No. 77-607, p. 812, §125; Acts 1979, No. 79-471, p. 862, §1.)