accused person

accused | person subject to proceedings

defendant

vaccine-preventable disease

prisoner awaiting trial

accused on bail

defendant

accused

May EU law, and more particularly Article 4(3) TEU in conjunction with Article 325 TFEU and Directive 2006/112/EC, which oblige the Member States to provide effective, dissuasive and proportionate penalties to protect the financial interests of the European Union, be interpreted as precluding the enactment of a national provision which exempts the defendant (whether a director, legal representative, person to whom responsibility for fiscal matters has been delegated or an accessory to the offence) from liability to punishment, if the entity with legal personality concerned has made late payment both of the tax itself and of the administr ...[+++]ative penalties owed in connection with VAT, even though the tax assessment has already been made, criminal proceedings and indictment initiated, and the establishment of inter partes proceedings duly confirmed, but before trial proceedings have been declared opened, in a system that does not impose on that director, legal representative, or delegate and accessory to the offence any other penalty, not even an administrative penalty?

Is a national law compatible with the obligation of a Member State to provide for the effective prosecution of criminal offences by customs officials if that law provides for criminal proceedings brought against customs officials — for participation in a conspiracy to commit corruption offences while performing their professional duties (accepting bribes for non-performance of customs inspections), and for specific bribery offences and concealment of bribes received — to be terminated, without the court having examined the charges brought, under the following conditions: (a) two years have elapsed since the accused was charged; (b) the accused has lodged a request for the pre-trial investigation to be concluded; (c) the court has ...[+++] given the prosecutor a period of three months to conclude the pre-trial investigation; (d) during that period, the prosecutor has committed ‘infringements of essential procedural requirements’ (failure properly to notify a supplementary charge, failure to disclose the investigation file, contradictory indictment); (e) the court has given the prosecutor a further period of one month to remedy those ‘infringements of essential procedural requirements’; ([f]) the prosecutor has failed to remedy the ‘infringements of essential procedural requirements’ within that time-limit — albeit that the infringements committed within the first three-month period and the failure to remedy them within the subsequent one-month period are attributable both to the prosecutor (failure to remove contradictions in the indictment; failure to take real action for most of those periods) and also to the defence (breach of the duty to cooperate with respect to notification of the charge and inspection of the investigation file due to the hospitalisation of the accused and claims regarding the lawyers’ other professional commitments); ([g]) the accused has acquired a subjective right to the termination of the criminal proceedings on account of the failure to reme ...

(a) the offence is an exclusively summary conviction offence with relatively moderate fines and driving prohibitions; (b) a peace officer may issue a ticket to the accused, and an accused who receives a ticket can choose to plead guilty without having to appear in court; (c) for an accused who wishes to contest the charge, the ticket procedure adopts the existing procedures that apply to appearance notices; (d) because of related changes made to the Criminal Records Act, if a person convicted of the new " over .05" offence has no additional drinking-and-driving related convictions for two years, the record of the conviction will be d ...[+++]estroyed; and (e) to ensure accuracy in identifying the offender and determining whether they qualify to have their record of conviction destroyed, an accused is subject to the Identification of Criminals Act even though the offence is a summary conviction offence.

Specifically I recommend that the following rights be added to the bill: that victims be advised of the location of the forensic facility where the accused is detained; that victims be given advance notice of any scheduled absence, either escorted or unescorted, from the hospital, and the general destination, city or town, to which the accused will be travelling; that victims be given advance notice of the destination of release or conditional discharge, or if the accused, on conditional discharge, will be travelling to the vicinity of the victims; that victims be informed of any conditions of release for the accused when they are conditionally discharged into the community—this may include such things as mandated medication or treatment ...[+++], non-communication with children or others, the requirement to attend treatment sessions, general mobility restrictions, and more—and that victims be given advance notice of any scheduled transfer to another facility or change in the level of security of their ward, or move by the accused to another province or territory, for the purpose of treatment.