First of all, we must say that this section of the criminal investigation in Canada is a large one, with a well-defined structure and high relevance in the field of law. This initially involves conducting searches and investigations regarding non-compliance with the provisions in the field of criminal law.
In Canada, in the event of the initiation of criminal proceedings and the carrying out by the competent bodies of a criminal investigation, the investigation and all related costs, by conducting and gathering evidence by the prosecutor against the accused, are borne entirely by state, excluding the defense situation of the accused. The latter is another issue, which is dealt with separately in Canadian law, in the field of free legal aid from which the defendant may benefit, if he does not have sufficient financial resources to hire a lawyer, or vice versa, he can pay a lawyer to represent his interests when he has enough money. There are also special situations, for example in the case of minors or other categories of persons specified in the law present in Canada, where the court before which the trial is judged will order the representation of the accused accordingly by specialized persons in the field of law.
The main power that has the power to decide on this matter of investigation, belongs to no one other than the state, without taking into account or consulting the parties in the case, the accused or as the case may be the passive subject, who was harmed by committing the crime. Things are a little different in this matter in the field of civil law, where the main decision lies in the power of the passive subject. He is the one who will bring the action in question and will proceed with it in court, will be responsible for dealing with the witnesses he deems necessary, will bear all the costs involved in carrying out this procedure and will ensure and build his case, as he considers, without being able to hold the state accountable in this own initiative instituted by him.
There are certainly differences regarding civil and criminal proceedings and from other points of view, such as in the case of the mode of sanction applied. In the case of criminal proceedings, those who reach the end of the judicial procedure, will have to bear, as the case may be, according to the conviction decision given by the judge called to apply the law, or imprisonment, which differs from case to case, according to certain causes, circumstances, mitigating and aggravating situations, as well as other conditions specific to the criminal process, or they will be required to pay a certain amount of money as a fine to be paid to the state. In some situations it is possible to apply both penalties provided by criminal law by judges for persons who commit crimes. On the other hand, compared to civil law, in trials of this nature, the applicable sanctions are completely different and the active subject of the crime must not be subject to a custodial sentence, but only to pay the passive subject a certain amount of money set by the court.
CRIMES & EVIDENCE ISSUES IN CANADA
The offenses committed by the accused persons are most diverse and are structured in the law of Canada in a clear and concise way, leaving sometimes room for interpretations, like any other norm made by the legislator not only in this state. Offenses may affect, as the case may be, the integrity of a person, or the property he possesses, according to the studies and specialized doctrine that reveal their origin.
It is also worth noting that in recent years, in Canada, a slightly higher crime phenomenon has been found, and the data have shown a higher rate in terms of their commission by juvenile offenders, or by women. The crimes have therefore intensified over time, certainly due to factors of economic growth, the growing population and people who wanted to come from other states here.
In the situation of what is called in criminal law crimes committed, with the absence of victims, of passive subjects, the parties to the crime are considered to have taken part in it without being forced in any way. This category includes mainly those who traffic in illegal substances, or as the case may be, in the situation of gambling, or in the sphere of sexual acts. The conduct of the investigation that the prosecutor together with the competent bodies will make and the relevant evidence gathered, the hearing of important persons and other conclusive means of evidence, will depend mainly on the type of crime, viewed separately in his individuality.
Finally, in order to reach the decision of conviction given by an authorized judge, all the accused persons must meet the supreme requirement in this case, namely that the evidence must be clearly above all reasonable doubt as to the commission of the act in question. In this matter, it is equally important that there are crimes that are deliberate, and on the other hand are probable and deeds committed by the active subject, in a completely spontaneous way. The active subject who commits the crime can often be a person who presents certain mental, mental, or other imbalances or relevant pathology, while at the opposite pole, another category of people can be represented just as well by people, intellectuals, mentally healthy and without any mental disorder or disorder.
Relevant specialized studies, over time and the doctrine in the field, have highlighted the fact that most of the times the crimes in the criminal field are carried out precisely by these categories of people, who are at totally opposite poles. In principle, the most important and important aspect for conducting a criminal investigation is nothing more or less than revealing evidence and gathering relevant and conclusive evidence, which will ultimately lead to the correct capture and sanctioning but legal of the one who committed the criminal act, aiming at the same time to maintain a social balance and the order and smooth running of things in society.
In the matter of evidence, the law in this case, provides that almost any means, which can be considered relevant and as evidence in a case. The evidence is very necessary to be obtained legally and to be based on the proof of a factual state, drawn from the initial state. Another division of evidence is that determined by their qualification as being of a real nature, or as the case may be represented by a testimony, or by various papers relevant documents in question.
Relevant witnesses in the case can be considered any type of person who can help the court to clarify the case and lead to the settlement of the truth. In this sense we can also mention the minors, who of course will be accompanied by parents, guardian, legal representative and guardianship authority as appropriate, ensuring a framework as legal as possible but also safe and fearless for them, determining to martyr the truth and those perceived by them in connection with the situation presented. The witnesses summoned in the case, it should also be specified that it is necessary in another order of ideas, to fulfill the requirement of the competence work. They will have to take an oath or solemn declaration, and the testimony can finally be signed and proven, giving the possibility and access to the other participant to come with other evidence to counteract it.
CRIME INVESTIGATION PROCEDURE IN CANADA
First of all, we must say that each crime, regardless of its content, has certain characteristics of its own, which of course must be revealed and proven by the prosecutor, without any doubt. By way of example, we mention the situation of the act of possession in the case of stolen things, having in its structure, a number of no more no less than four things that compose it. In short, they refer to the situation that reveals that the work does not belong to the perpetrator, that the active subject is in possession of the thing in question, the third refers to the fact that the passive subject was aware of this, and last but not least that the identity of the passive subject was very well known.
The facts of a criminal nature can be divided into several categories: those of revelation and those of confrontation. In the first mentioned situation, we can introduce the crimes that refer to sexual cases, and the situations of confrontation can be part of the category of confrontational crimes. The news regarding the commission of the deed can be announced even by the passive subject or in some cases even by a witness who took note of it.
In Canada, peace officers will be responsible for dealing with these criminal situations according to the structured departments and will facilitate good communication so as to reach the best possible solution to the situations that arise in practice. In the situation where the police are called upon to commit a crime, they will be the ones who will take part in the entire development and will carry out the investigation, of course with the help of other competent persons when the case requires it.
In specific and more serious situations, such as that of rape, or those against the murderer, the intervention of detectives may be needed or other types of specialized police officers. In Canada, peace officers benefit from the best possible specialization, qualification and continuous training from the department to which they belong, so that they are able to know and deal with all the cases that are presented to them. In the first phase, it must take into account certain rules at the crime scene: the physical assistance of the victim, the immobilization of the active subject, the perpetrator, finding witnesses at the crime scene and last but not least to secure and keep anything that can be constituted as evidence for the case.
Often, some crimes can also take place between people who are no strangers to each other, such as the situation of sexual assault or the crime of child abuse.
In criminal cases and in investigations carried out in this regard, it is necessary that the competent and convened bodies apply the law, do not deviate from the criminal regulations and norms in force, do not discriminate and do not abuse their power, in order to obtain evidence illegally, for example through torture, coercion or other specific means. It should be mentioned that the judge of the case has in this sense the power to assess all the evidence, each one and all as a whole and to remove those that he considers irrelevant, or obtained by illegal means.
The judge also has the right when he considers it necessary, in a given case, to order the performance, or re-performance of other new, relevant and conclusive evidence that may lead to the precise resolution of the case before him. In criminal law, the case prosecutor, together with the bodies with which he cooperates in this regard, will have to gather relevant evidence in the case, and regarding their evidence, it is specified that the guilt of the accused must be proven and supported beyond any reasonable doubt. Therefore, the law stipulates that any such doubt will automatically benefit the accused, and this general principle of law cannot be passed and interpretations of any kind can be admitted neither by the prosecutor nor by the judge of the case.
Unlike the criminal law, in civil cases, things are different and the proof regarding the guilt of the active subject must be made on a certain system called probability. In this matter, of the investigation, the federal government has a great availability, namely to give norms of a legal nature, in any area, without exception, within which it involves the approach of a criminal case, and at the opposite pole, the provinces have power to dispose of the land of the police.