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The Definition of Crime in Canada

In Canada, criminal law is a branch of law that follows the principles of common law and, which is subject to the exclusive legislative authority of the Parliament of Canada under paragraph 91.27 of the Constitutional Act, 1867.

Most criminal laws are systematized in the Criminal Code of Canada, the law regulating the established drugs and other substances, the law of justice in criminal matters of teens, the Firearms Act, as well as in several other laws.

The management of justice system is the responsibility of provinces, which gives the provinces the ability to apply laws and prosecutions. Since the management of justice relates to provincial jurisdiction, each province has its own legal system.

An individual may be prosecuted for any criminal offense, indicated in the Criminal Code or any other laws, listing the criminal offenses.

In the Canadian criminal law, offenses are divided into two different categories according to the degree of gravity of the offense. Thus, in the most serious cases there is a criminal act, whereas in cases of lower severity it is an offense punishable on summary conviction.

In the case of the persecution of criminal acts, the justice begins by a jury at the end of the original investigation, when the indictment is presented to the court at the preliminary hearing. Criminal acts include murder, qualified theft and breaking and entering into a private house. These crimes generate penalties, ranging from complete exemption from punishment to life imprisonment without the possibility of parole not earlier than 25 years.

Indictable offenses under frank recognition can take place without a jury trial. This type of offense, unless otherwise provided by law, requires paying a fine up to $2,000 or imprisonment for up to six months. Indictable offenses include crimes, like night invasion of private property without lawful grounds, prostitution and the use of the vehicle without the permission of its owner.

However, certain criminal offenses are to be determined and are, therefore, hybrid offenses. They include reckless driving without bodily harm and public incitement to hatred and corruption of morals. Applicable penalties vary by type of crime.

In order for the accused to be charged with criminal liability, proof of a criminal offense must indicate two main features: criminal intent (mens rea), - in case of no strict liability, and the wrongful act (actus reus). In the former case, a wrongful action is required. In other cases, the coincidence between the wrongful act and criminal intent must also be proved.

In Canada, criminal law is a branch of law that follows the principles of common law and, which is subject to the exclusive legislative authority of the Parliament of Canada under paragraph 91.27 of the Constitutional Act, 1867.

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100000559
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CREATED ON
July 10, 2016
COMPLETED ON
July 11, 2016
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$9
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Essay Example Comments
ingMario8884
July 11, 2016
ingMario8884
I have tried 3 writers here and this guy is the best one. although he did not have a wide knowledge of the topic he made an effort to research about and met the deadlines.
seansegui071304
June 1, 2016
seansegui071304
Needed a little more work/effort in the sections towards the end but other than that good job.
seansegui071304
June 1, 2016
seansegui071304
Great job, well put.