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Current as of January 01, 2025 | Updated by Findlaw Staff
No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases:
1. If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process;
2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
Cite this article: FindLaw.com - California Code, Penal Code - PEN § 1496 - last updated January 01, 2025 | https://codes.findlaw.com/ca/penal-code/pen-sect-1496/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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