What Happens In Case Of A Injury Of The Defendant

In the case of criminal offenses committed by the public prosecutor ex officio, the Code of Criminal Procedure prescribes a set of rights of persons by criminal acts, among which the most significant is the right of the injured person to take over prosecution in the event of a public prosecutor’s dismissal. The www.jeffreismanlaw.ca is a professional law firm that handles all kinds of criminal cases. If you are in need of a legal help with a criminal act or offense, make sure to contact the right place.

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Any person whose personal or property right is endangered or injured by the criminal offense is injured. In the event of the death of the injured party, the right to take over the criminal prosecution, and participation in criminal proceedings as a subsidiary prosecutor, transfers to his successors, the spouse, the person with whom he or she lives or other permanent community of life, children, parents, adopters, adoptive parents , brothers, sisters and legal representatives who can give a statement within 3 months of the death of the injured party, and the same applies to the legal successor of the injured legal entity that has ceased to exist.

The right of the injured party to take over the criminal prosecution of the previous one, because this right is given only after the indictment is filed, or at the stage of the main trial. The reason for this is certainly relieving the courts because the injured parties often took uncritically the criminal prosecution, and a large number of indictments of the injured parties came to the courts, which were often unfounded with evidence and relatively poor quality.

The injured party can take over prosecution in the event of the omission of the prosecutor after the confirmation of the indictment, or after determining the main trial or hearing for the imposition of a criminal sanction in the summary proceedings. In this way, it is practically imposed that the injured party represents an act composed by a public prosecutor, for which there is a presumption of adequate quality and evidence.

In the earlier stages of the criminal proceedings – when the prosecutor rejects a criminal complaint, stops the investigation, or gives up prosecution before confirming the indictment, that is, prior to the determination of the main trial or hearing for imposing sanctions in the summary procedure, the injured party has the right to object to such a decision, public prosecutor. The lawyer obviously considered that in this way the rights of the injured person were sufficiently protected by introducing some sort of two-step in the decision of the public prosecutor not to prosecute a particular criminal offense without engaging the court.

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What Is A Peace Bond?

According to Canadian law, a person facing criminal charges has an option to choose Peace Bond. It is a kind of agreement that is established between the accusing party and the defendant. According to the peace bond, the person facing charges is liable to maintain peace and abides by the terms mentioned in the bond. Peace bond has conditions and normally it is signed when the accusing party fears that the defendant may threaten him or his family. In fact, it is a common term mentioned in Peace Bonds that the person facing charges will pose no threats to the accusing party during the case and after sentencing. Most often, Peace Bond has a life of one year.

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Peace bonds are usually applied for within the 6 months of the incident that has resulted in the allegations. It can take up to 3 months for a peace bond hearing date to arrive. Peace bond application is filed by the complainant but there are benefits for the defendant as well because if the matter does not resolve by peace bond, further action can be taken against the defendant.

Although, a person can choose to apply for peace bond without any assistance, but as an average person may find it hard to understand the terms and complete all the paperwork involved, it is better to hire a professional lawyer for this purpose. If you are looking for a Oshawa criminal defence lawyer for this purpose, you should visit Hershberg Law where you can find some of the best criminal lawyers Toronto.

Why Defendant Should Sign Peace Bond

No Criminal Record

A Peace Bond is basically an exchange between you and the complainant. The accusing party takes back all the charges on you and, in response, you vow to refrain from illegal activities and keep away from the complainant. One of the biggest advantage of Peace Bond is, the defendant can save himself from getting criminal charges. He can maintain a clean sheet.

We all know that having a criminal record has quite a few demerits and they stick with the person throughout his entire life. Even after paying the penalty and going through punishment, a person with a criminal record face issues finding work.  Perhaps this is why a large number of cases end in a peace bond signing. However, if the bond is broken the person will be charged with the same offence and it will be filled in his record.

Easier Solution

It is far easier to avoid a person than to spend time in a prison. Even though you will be required to stay away and stop all kinds of communication with the complainant but in exchange you get your freedom and a clean record. And besides the bond lasts a year and is not renewable.

It is a good practice to weigh all your options before making a decision. It is recommended that you always get legal advice. Toronto criminal law firms will help you in understanding your case and give you professional advice.