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.
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.
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.