JUDICIAL PROCEDURES
Be well informed
It is crucial to understand judicial procedures in order to make informed decisions, especially in the field of criminal law. Due to its complexity and potentially serious consequences, it is strongly recommended to consult a criminal lawyer. This will give you a clear understanding of the justice system and help you manage your situation in the best possible way. For more information on the steps of the judicial process, please consult the following section.
THE JUDICIAL PROCESS
Key Steps
1. THE INVESTIGATION
The judicial process can be long and complex to understand. First, a citizen may file a complaint against another person by submitting a statement at the police station. If the police believe the complaint is well-founded, they will open an investigation. If they have reasonable grounds to believe that the person has committed a criminal offense, they may arrest them and submit the file to the Public Prosecutor’s Office. It is also possible for police intervention to occur without a formal complaint being filed against an individual. In this case, after the arrest, the file is forwarded to a Crown prosecutor, who will review it to determine whether charges should be laid.
Indeed, in criminal matters, the decision to lay charges against an individual is left to the discretion of the State, based on specific criteria such as the appropriateness of pressing charges and the sufficiency of evidence in the file.
Indeed, in criminal matters, the decision to lay charges against an individual is left to the discretion of the State, based on specific criteria such as the appropriateness of pressing charges and the sufficiency of evidence in the file.
2. IN CASE OF CHARGES
If the prosecutor decides to lay charges, the first step in court is the arraignment. At this point, the accused is informed of the formal charges, enters a plea, and receives the evidence against them. It is important to plead not guilty at this stage, as it allows time to review all the evidence before making an informed decision. As a result, the case is usually postponed to a later date, known as the pro forma appearance, to permit a thorough examination of the evidence.
During this period — that is, between the first appearance and the pro forma — the defense can analyze the evidence and determine the strategy for the case. If the charges are indictable and of a serious nature, a preliminary inquiry may be held to assess the strength of the evidence. However, this procedure is not available for summary charges, which generally concern less serious offenses.
Then, the accused can choose either to go to trial if they dispute the facts or believe the prosecution’s evidence is insufficient, or to plead guilty and admit the charges. If the case proceeds to trial, the burden of proof rests with the public prosecutor. In other words, the Crown prosecutor must prove each essential element of the offense beyond a reasonable doubt. Consequently, if the Crown fails to convince the judge or jury of the accused’s guilt beyond a reasonable doubt, the accused must be acquitted. The defense may attempt to raise reasonable doubt but is not required to prove the accused’s innocence. However, if no reasonable doubt remains in the judge’s or jury’s mind, and they are convinced of the accused’s guilt beyond all reasonable doubt, the court finds the accused guilty of the offense.
During this period — that is, between the first appearance and the pro forma — the defense can analyze the evidence and determine the strategy for the case. If the charges are indictable and of a serious nature, a preliminary inquiry may be held to assess the strength of the evidence. However, this procedure is not available for summary charges, which generally concern less serious offenses.
Then, the accused can choose either to go to trial if they dispute the facts or believe the prosecution’s evidence is insufficient, or to plead guilty and admit the charges. If the case proceeds to trial, the burden of proof rests with the public prosecutor. In other words, the Crown prosecutor must prove each essential element of the offense beyond a reasonable doubt. Consequently, if the Crown fails to convince the judge or jury of the accused’s guilt beyond a reasonable doubt, the accused must be acquitted. The defense may attempt to raise reasonable doubt but is not required to prove the accused’s innocence. However, if no reasonable doubt remains in the judge’s or jury’s mind, and they are convinced of the accused’s guilt beyond all reasonable doubt, the court finds the accused guilty of the offense.
3. THE VERDICT
If the accused is found guilty following a trial or pleads guilty without going to trial, the final procedure is the determination of the sentence. The parties will present the appropriate sentence according to the circumstances of the offense and the characteristics of the accused. Several criteria must be taken into account, including the accused’s criminal record, the severity of the offense, the accused’s involvement in the crime, their rehabilitation, social profile, etc. The sentence may be a joint recommendation by both parties if they reach an agreement following negotiations. Otherwise, the defense and the prosecutor each propose to the court the sentence they consider appropriate. It is then up to the judge to determine the appropriate sentence.
OFFENCES UNDER THE CRIMINAL CODE
Criminal Law helps you
Drinking and driving
Domestic violence
Crimes against the person
Sexual assault
Shoplifting
Drugs
