Criminal Proceedings: Initiation Through Third Parties
Acts of Initiation in Criminal Proceedings
Initiation of Preliminary Notice by Third Parties
There are two distinct possibilities for initiating preliminary criminal proceedings through third parties: the complaint and the lawsuit, governed by articles 259 to 281 of the Code of Criminal Procedure (CPP).
The Complaint
A complaint can be defined as a statement of knowledge communicated to the judiciary, the prosecution, or the police regarding facts that may constitute a crime or misdemeanor. While a
Read MoreCanadian Criminal Law: Key Sections, Interpretation, and Actus Reus
Canadian Charter of Rights and Freedoms
- S. 1 – Rights and freedoms in Canada
- S. 2 – Fundamental freedoms
- S. 7 – Life, liberty and security of the person
- S. 8 – Search and seizure
- S. 9 – Detention or imprisonment
- S. 10 – Arrest or detention
- S. 11 – Proceedings in criminal and penal matters
- S. 12 – Treatment or punishment
- S. 13 – Self-crimination
- S. 14 – Interpreter
- S. 15 – Equality before and under law and equal protection and benefit of law
Purposive Interpretation
Canadian law uses purposive
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Article 621: Acceptance of Review of Completed Cases
The review of completed cases will be accepted:
- I – When the sentence is contrary to the express text of the criminal law or the evidence in the file;
- II – When the sentence was based on interviews, examinations, or demonstrably false documents;
- III – When, after the verdict, new evidence of the convicted person’s innocence is found, or a circumstance that determines or authorizes a special reduction of the sentence is discovered.
Article 622: Timeframe
Read MoreCriminal Investigation and Judicial Police Functions
The Investigation Stage
The investigation stage within the criminal process is a first phase that we call investigation, conceptually and functionally distinct from the second phase that we call trial. The purpose of the investigation is to determine whether the defendants deserve to have the facts judged in the second phase, or trial, and if, in principle, the facts have the appearance of a crime and can be allocated to an individual. Therefore, the preliminary investigation aims to determine to
Read MoreProsecution Process in Public Institutions: Stages and Procedures
Summary Procedure
Stage 1: Instruction begins with a resolution from the institution’s supervisor appointing an official as a prosecutor. This resolution must be communicated, and from that point, the deadline for complying with their tax commitment begins. Once notified, the prosecutor must appoint an actuary who becomes a minister of faith for all actions of the prosecutor (and their secretary). Once the clerk is appointed, the prosecutor has broad authority to take all necessary steps to clarify
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