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”).
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”.
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.
“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.