North Dakota Code 12.1-01-01 – Title – Retroactivity – Application – Contempt power
1. Title 12.1 of the Century Code may be cited as the North Dakota Criminal Code.
Terms Used In North Dakota Code 12.1-01-01
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
2. This title, except as provided in subsection 3, shall not apply to offenses committed prior to its effective date. Prosecutions for such offenses shall be governed by prior law, which is continued in effect for that purpose. For the purposes of this section, an offense was committed prior to the effective date of this title if any of the elements of the offense occurred prior thereto.
3. In cases pending on or after the effective date of this title, and involving offenses committed prior thereto:
a. The provisions of this title according a defense or mitigation shall apply, with the consent of the defendant.
b. The court, with the consent of the defendant, may impose sentence under the provisions of this title which are applicable to the offense and the offender.
4. This section does not affect the power of a court or legislative assembly to punish for contempt, or to employ any enforcement sanction authorized by law, nor does this section affect any power conferred by law upon military authority to impose punishment upon offenders.