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As the victim of a crime, you have called the police. The police has conducted an investigation, identified a suspect, and submitted a report to the criminal and penal prosecuting attorney, who has found that there is sufficient evidence to take the case to court. The prosecuting attorney will determine the charges, and will handle the case until the end of the proceedings.<\/p>\n
If you are called as a witness, you will receive the leaflet Witness \u2013 Your role in court \u2014 Criminal Division \u2013 Youth Division along with your subp\u0153na to a witness.<\/p>\n
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According to law, a person accused of a crime is innocent until found guilty by a judge. As a result, a suspect can be deprived of his or her liberty during legal proceedings only if certain conditions are met. At the trial, the prosecuting attorney must prove beyond reasonable doubt that the defendant is guilty. At this stage, any testimony you are asked to provide may be crucial. Court proceedings usually take place in public. However, in certain circumstances, the judge may decide to proceed in the absence of the public.<\/p>\n
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When the accused appears before the judge for the first time, at the arraignment, the presence of the victim is not usually required. If the accused pleads guilty, the judge will either hand down a sentence immediately, or postpone sentencing to a later date. If the accused pleads not guilty, the judge sets the date for the next stage in the court process.<\/p>\n
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An accused who is in custody at the time of the arraignment must be released by the judge unless the prosecuting attorney objects to release and satisfies the court that it is necessary to keep the accused in custody for the duration of the court process. A judge who agrees to release the accused may impose conditions. If you, the victim, want specific conditions to be placed on the accused, you should tell the prosecuting attorney. If the accused fails to comply with the conditions imposed by the judge, the court may review the decision to release the accused. It is important for you to notify the police immediately if you become aware of any failure to comply with the conditions.<\/p>\n
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The goal of the preliminary inquiry is to determine whether there is enough evidence to warrant a trial, when the prosecution will attempt to show that the accused is guilty beyond a reasonable doubt. In both cases, the attorneys call and question witnesses, including the victim or victims, and present evidence. After the trial, if the accused is found guilty, the judge will hand down a sentence. In the case of a trial with judge and jury, the judge sentences the offender after the jury delivers a \u201cguilty\u201d verdict.<\/p>\n
At sentencing, the judge may;<\/strong><\/p>\n <\/p>\n In certain circumstances, the accused or the prosecuting attorney may ask the Court of Appeal to review the verdict rendered or the sentence handed down by the trial judge.<\/p>\n <\/p>\n While detained, the offender may be eligible for various conditional release programs intended to facilitate social rehabilitation.<\/p>\n The Commission qu\u00e9b\u00e9coise des lib\u00e9rations conditionnelles (CQLC) is responsible for making decisions concerning the conditional release of offenders sentenced to a prison term of less than two years<\/strong>. Victims and their immediate family may express their position using the form provided for that purpose, adding any relevant comments. Offenders serving a prison sentence of two years or more <\/strong>are under the authority of the National Parole Board (NPB).<\/p>\n \u00a0<\/strong><\/p>\n \u00a0<\/strong><\/p>\n Toll-free:<\/strong> 1 866 LECAVAC (532-2822) \u00a0<\/strong><\/p>\n Phone:<\/strong> 418 646-8300 or 514 873-2230\n
Appeal<\/strong><\/h5>\n
Conditional release measures<\/strong><\/h5>\n
Victims of crime may<\/strong><\/h5>\n
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Useful contacts<\/strong><\/h5>\n
Centre d\u2019aide aux victimes d\u2019actes criminels (CAVAC)<\/strong><\/h5>\n
Website:<\/strong> www.cavac.qc.ca<\/a><\/p>\nCommission qu\u00e9b\u00e9coise des lib\u00e9rations conditionnelles (CQLC)<\/strong><\/h5>\n
Website:<\/strong> www.cqlc.gouv.qc.ca<\/a><\/p>\n