California, United States of America
The following excerpt is from People v. Fenton, 20 Cal.App.4th 965, 25 Cal.Rptr.2d 52 (Cal. App. 1993):
Ordinarily penal statutes are construed most favorably to the defendant. (People v. Boyd (1979) 24 Cal.3d 285, 295, 155 Cal.Rptr. 367, 594 P.2d 484.) Penal provisions are "to be construed according to the fair import of their terms, with a view to effect [the Penal Code's] objects and to promote justice." ( 4.)
"It is the policy of this state to construe a penal statute as favorably to the defendant as its language and the circumstances of its application may reasonably permit; just as in the case of a question of fact, the defendant is entitled to the benefit of every reasonable doubt as to the true interpretation of words or the construction of language used in a statute. [Citation.]" (Keeler v. Superior Court (1970) 2 Cal.3d 619, 631, 87 Cal.Rptr. 481, 470 P.2d 617.) It is beyond the power of the judicial branch to create crimes or amend criminal statutes. The Penal Code specifically states "[n]o act or omission ... is criminal or punishable, except as prescribed or authorized by this code, or by some of the statutes...." ( 6.)
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