May 19, 2013

Criminal Law Introduction

 
What if you were given the right to harm or kill a neighbour that irritated you or anyone can come home and you deprive your property. Since time immemorial, humans have found it necessary to establish rules applicable to all, to prohibit certain behaviors that are considered incompatible with life in society. All of these rules has been documented and is now our criminal law, including the Criminal Code is intended as the centerpiece.

Criminal law is an area of law dealing with conduct detrimental to the whole society (crimes) and provides for penalties for failure to comply with them (the awards).

In criminal law, prosecutions are conducted by the State against the accused. The State is represented by lawyers, public officials, and appointed “attorneys Criminal and Penal Prosecutions” (formerly “prosecutors”).
 

The Crown

 
This is not the victim of the offense that the defendant continues but the prosecuting attorney criminal and penal, also known as “Crown”, which represents the state. The victim is a witness to the offense. The existence of a victim is also not necessary for the existence of an offense. Thus, for drug possession or operation of a business without a business license, there is no victim as such, if not all citizens, but the behavior does is equally prohibited.

For its part, the criminal law is mainly the result of the Criminal Code. It addresses the most serious behaviors. It applies to all American mens and womens (age 12 and older). It includes crimes such as murder, sexual assault and theft. It should be noted that many of the rules in criminal law comes from previous decisions, made over the years by judges. These rules are called common law.

Only the federal parliament may pass legislation creating a “criminal”. Other levels of government such as provinces, can create “criminal”.
 

Offense

 
An offense is prohibited conduct by a law and must be punished, because it is either dangerous to others or unacceptable in the context of society. There are several types of offenses: criminal, summary offenses and offenses created by regulation or law.
Crimes and summary offenses are designated as the “criminal”.

Indeed, the Criminal Code distinguishes these two types of offenses according to the procedure and the sentence. For criminal acts, the procedure is more complex and much larger potential penalties. Among the criminal acts, there is murder, aggravated assault or sexual assault.

Our criminal justice system rests on the basis that no one is guilty of an offense unless he has been found guilty by a judge. The whole judicial system operates on the basis of this principle. That’s why the judge can not sentence a person unless it pleaded guilty to the offense or that the evidence admitted at trial convinces the beyond a reasonable doubt the guilt of that person.
 

Conviction

 
“Nullum crimen nulla poena sine lege” is a Latin maxim which means that no one can be prosecuted unless a law provides that the act charged is an offense. A person should not be convicted for an act he asked if, when he was asked, it was not an offense under the law. In addition, the law must describe the offense precisely.

In addition, for a person to be formally charged and that prosecution be initiated, a “justice” (a judge with reduced functions) must determine that the evidence is sufficient. This decision was embodied in a document called the “information”. This document specifies the exact charge that accuses the defendant. You can accuse a person of more than one offense with a single information (eg, sexual assault and incest). Each offense is described in a “count” distinct.

Criminal law, Justice And Advocates

 
 

Criminal law and punishment

 
The law applies to everyone in a society and we must respect it. If we do not respect certain rules of law, we risk being punished.

The offenses are acts that are prohibited and punished by the society in which we live.

The penalties depend on the seriousness of the offense. There are three types of offenses: summary conviction, hybrid and indictable.

The differentiation between these types of crime is important because it determines the court in which the offender should be continued.
 
 

Justice

 
Faced with a conflict between those who can not agree, the courts decide and say who is right and who is wrong will force one to perform his obligations.

For Civil Justice, in the most part, private disputes, ie disputes between individuals, which do not affect public order.

The criminal justice system tends to the application of penalties, that is to say sanctions to perpetrators of behaviors that are prohibited and for which the law provides for punishments such as imprisonment or fines.

The judiciary is represented mainly by the courts. In general, we can say that the courts are responsible for judging disputes and punish the perpetrators.

We have seen, the right covers many areas. The organization of Justice largely reflects the divisions of law. The Courts therefore have specific skills.

Justice of Peace, the Youth Court, the Labour Court, the police court, the Tribunal of Commerce, for example, have their own skills.
In one trial, the parties expose and argue their application and their defense in a written document called a finding, filed in the court of competent jurisdiction.

The judge will listen to the different parts that will be called upon to plead and will meet in the bar before the court. The Crown represents the interests of the company is still known to be required in a criminal trial. But not necessarily in a civil trial.

Depending on the case, witnesses or experts will be heard by the court.

The judge then put the matter under advisement, meaning he will make a decision, its decision, taking into account the cases filed by the parties, oral argument, the prosecutor’s request and of course the law.

In a trial by jury, reserved for crimes, not a judge who decides on the guilt of the accused, but a jury composed of citizens.

With the exception of some small business or in the case of a trial by jury, the party has not been successful may challenge the ruling and appeal asking that the matter be examined by the second spring another jurisdiction.
 
 

The Advocate

 
His legal training to assure his client that the mandate will be fulfilled in its best interests in law enforcement. There does not limit the lawyer’s role as also acts as legal counsel, even outside of any legal proceedings.

Court the lawyer performing the acts necessary for the proceedings and prepare “findings” that expose the pretensions of his client in fact and in law. These findings are communicated to the opponent so that he could respond, and vice versa.

At the court hearing civil or criminal, it presents oral defense of his client, in the “arguments”.

A trial lawyer can also advise individuals and businesses in all areas of law – providing advice and consultations – drafting and assist in the drafting of private deeds: commercial and civil actions (employment contract, lease, sales contract, etc.), find amicable solutions to disputes: create a dialog, propose a solution and write the transaction (arbitration, mediation) and collect debts.

Lawyers belong to a College – by a judicial district – at the head of which is the president. When a lawyer makes a mistake, it is to him that the customer can file a complaint.

The choice of a lawyer is entirely free. Lawyers set their own fees.
 
 

Criminal Law And Jurisdiction

Criminal law is a branch of law that determines how offences that are committed should be punished. Criminal law determines the general principles of an offence, the general conditions of the crime and the means of deciding on appropriate penalties.

It determines the principles of criminal liability, the causes of irresponsibility and the cause aggravation (which may include mitigation) of punishment.
 
 

Fundamental principles of criminal law

Sections 34 and 37 set the criminal jurisdiction. the legislature is sole authority to determine the charges and the penalties for crimes. Fines are the responsibility of regulatory power.

Criminal offences are classified according to their gravity, crimes, misdemeanors and violations.
 
 

Principle of legality of sentences

The law determines the offenses and sets penalties for perpetrators.

The Regulation determines the fines and fixed within the limits and according to the distinctions drawn by the law, penalties for offenders.

No indiviual or company may be punished for a crime or an offence unless those elements are defined by law.

No one shall be punished with a sentence that is not prescribed by law. If the offence is a felony or misdemeanor, or by regulation, if the offence is a violation.
 
 

Restrictive interpretation of criminal law

Criminal law is strictly construed.
 
 

Criminal jurisdiction

The criminal courts interpret the administrative acts, regulations and assess the legality of each case and then provide a review of the criminal trial.

Criminal procedure is the set of rules for the implementation of sanctions violations. It covers the organisation of criminal courts and the procedural rules of the initiation of proceedings, until the final decision, which will occur after exhaustion of remedies.

The main principles of criminal procedure such as respect for the rights of defence were established by the Court of Cassation and also originate from the requirements of the ECHR.
 
 

Criminal Procedure

The principles of criminal procedure are set out in the preliminary article of the Code of Criminal Procedure

1. Criminal proceedings must be fair and adversarial and preserve the balance of rights of the parties.

It should ensure the separation of authorities and policy authorities of trial. People who are in similar situation and prosecuted for the same offenses must be judged by the same rules.

2. The judicial authority shall ensure that the information and guaranteeing the rights of victims during criminal proceedings.

3. Any person suspected or accused is presumed innocent until proven guily. Attacks on his presumption of innocence are prevented, repaired and punished as provided by law.

Any person has the right to be informed of the charges against him or her and to be assisted by counsel.

The judiciary controls the stress measurements for which any person is taken by. Stress measurements are strictly limited to the necessities of the procedure, proportionate to the seriousness of the offense and are not meant to harm the dignity of an indivdual.

If a reasonable amount of time has passed without the individual being found guilty, then all charges must be disposed of against them.

A convicted person has the right to review his conviction in another jurisdiction.