In what circumstances will a defendant be granted immunity from prosecution under Insurance Code section 12924 of the Insurance Code?

California, United States of America


The following excerpt is from People v. Backus, 152 Cal.Rptr. 710, 23 Cal.3d 360, 590 P.2d 837 (Cal. 1979):

[23 Cal.3d 381] We recognized the jurisdictional nature of a statutory grant of immunity in People v. King (1967) 66 Cal.2d 633, 644, 645, 58 Cal.Rptr. 571, 427 P.2d 171. There, defendant's motion to dismiss an indictment had been denied, and he thereafter moved to dismiss the indictment on grounds that he was entitled to the immunity from prosecution granted by Insurance Code section 12924, having earlier given compelled self-incriminatory testimony regarding the transaction for which he was being prosecuted. In order to effectuate the grant of

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