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.
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.