(2) for the words “the person who issued the statement of offence in the name of the prosecutor and whose name appears on the statement of offence or offence report” in paragraph 1 of article 71, the words “the person who signed the information and the person who wrote the offence report”;
(3) for the words “statement of offence” in the third and fourth lines of the first paragraph of article 72, the words “summons, an infraction ticket contemplated in section 574 of the Highway Safety Code (chapter C-24.2) or any similar ticket or notice provided for by any other Act”;
(4) for the words “statement of offence” in the second line of the first paragraph of article 76, the words “summons, ticket or notice referred to in article 72”;
(5) for the word “statement” in the second line of the second paragraph of article 76, the words “summons, ticket or notice”;
(6) for the words “statement of offence” in the fourth line of the first paragraph of article 77, the words “summons, ticket or notice referred to in article 72”;
(7) for the words “statement of offence” in the first line of article 150, the word “information”;
(8) for the words “a statement of offence” in the first line of paragraph 6 of article 174, the words “an information”;
(9) for the word “statement” in the second line of paragraph 6 of article 174, the word “information”;
(10) for the words “a statement of offence” in the third line of article 181, the words “an information”;
(11) for the words “statements of offence” in the third line of article 182, the word “informations”;
(12) for the words “statement of offence” in the second line of subparagraph 1 of the first paragraph of article 184, the word “information”;
(13) for the words “statement of offence” in the second line of the second paragraph of article 184, the word “information”;
(14) for the words “or the statement of offence is amended may be required to pay a greater amount of costs than he would have been required to pay if he had entered such a plea within the time indicated in the statement of offence” in the second, third, fourth and fifth lines of article 186, the words “is amended may be required to pay a greater amount of costs than he would have been required to pay had he entered such plea before his appearance upon summons”;
(15) for the words “statement of offence” in the second line of article 198, the word “summons”;
(16) for the word “statement” in the fifth line of article 198, the word “duplicate”;
(17) for the words “a statement of offence” in the first line of article 220, the words “an information”.
1990, c. 4, s. 11.
374. (Omitted).
1990, c. 4, s. 11.
375. Every order, decree or regulation made by the Government or by another competent authority under any provision which has been amended, replaced or repealed under the Act to amend various legislative provisions respecting the implementation of the Code of Penal Procedure (1990, chapter 4) or the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61) remains in force to the extent that it is consistent with this Code and until such time as it is replaced or repealed.
The same rule applies to rules of practice until they are replaced or repealed in accordance with this Code.
1990, c. 4, s. 11; 1992, c. 61, s. 20.
376. All provisions of the charters, letters patent, by-laws, resolutions and ordinances of the local municipalities which are inconsistent with those provisions of this Code which are in force are null.
All provisions of any Act governing a local municipality with respect to proceedings by means of a notice of summons which do not constitute a power to make by-laws and which are repealed by a provision of the Act to amend various legislative provisions respecting the implementation of the Code of Penal Procedure (1990, chapter 4), shall continue to have effect as if they were by-laws adopted by the council, until they are repealed or replaced or until 31 October 1993 at the latest. The same rule applies to by-laws adopted under any such provision which has been repealed, when that provision constitutes a power to make by-laws.
1990, c. 4, s. 11; 1992, c. 61, s. 21; 2000, c. 56, s. 123.
377. Every act performed and every decision made under any provision amended, replaced or repealed by the Act to amend various legislative provisions respecting the implementation of the Code Penal Procedure (1990, chapter 4) or by the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61) retains its effect if it continues to serve a useful purpose. Where it so continues to do, it is deemed to have been performed or made pursuant to the corresponding provisions of this Code.
1990, c. 4, s. 11; 1992, c. 61, s. 22.
378. Every act begun before 1 October 1990 which did not conflict with any provision amended, replaced or repealed by the Act to amend various legislative provisions respecting the implementation of the Code of Penal Procedure (1990, chapter 4) is continued, unless otherwise specially provided by law, in accordance with this Code, unless it is impossible so to perform it, in which case it is continued under its enabling provision if that is consistent with this Code.
Every act begun before 1 November 1993 which did not conflict with any provision amended, replaced or repealed by the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61) is continued, unless otherwise specially provided, in accordance with this Code.
1990, c. 4, s. 11; 1992, c. 61, s. 23.
379. Every pleading drawn up in accordance with a provision amended, replaced or repealed under the Act to amend various legislative provisions respecting the implementation of the Code of Penal Procedure (1990, chapter 4) before 1 October 1990 is valid until such time as the object of the pleading is achieved.
The same applies to every pleading drawn up before 1 November 1993 which did not conflict with any provision amended, replaced or repealed under the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61).
1990, c. 4, s. 11; 1992, c. 61, s. 24.
380. Every warrant to procure the attendance of a witness issued under a provision of the Summary Convictions Act (chapter P-15) is renewable under article 45 of this Code not later than 1 October 1991.
1990, c. 4, s. 11.
381. Every search warrant issued under a special provision of law or of the Summary Convictions Act (chapter P-15) remains valid but, unless specially provided by law, the search must be carried out in accordance with the corresponding provisions of this Code.
1990, c. 4, s. 11.
382. Every warrant of imprisonment issued under a special provision of law or of the Summary Convictions Act (chapter P-15) is renewable in accordance with article 353 of this Code.
A warrant issued before 1 October 1986 may be renewed not later than 1 October 1991.
1990, c. 4, s. 11.
383. All applications made and all proceedings tried in first instance are continued in accordance with the corresponding provisions of this Code, unless otherwise specially provided by law.
1990, c. 4, s. 11.
384. The provisions respecting rectification and revocation of judgment and respecting appeal apply to decisions or judgments rendered before 1 October 1990.
Appeals are continued in accordance with this Code, unless otherwise specially provided by law.
1990, c. 4, s. 11.
385. The execution of any judgment commenced under the Summary Convictions Act (chapter P-15) shall be continued in accordance with the corresponding provisions of this Code. However, where imprisonment has been imposed for failure to pay the fine under section 56.1 of the Summary Convictions Act, the director of the correctional facility may also offer the defendant the option of paying the sums due by way of compensatory work if any is available.
Every prison sentence imposed under any provision of an Act which has been amended, replaced or repealed by the Act to amend various legislative provisions respecting the implementation of the Code of Penal Procedure (1990, chapter 4) remains in force and shall be carried out.
1990, c. 4, s. 11; 2002, c. 24, s. 209.
386. A prosecutor whose right to prosecute has been repealed or replaced under the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61) may continue, in accordance with this Code, penal proceedings already begun, until final judgment is rendered.
1990, c. 4, s. 11; 1992, c. 61, s. 25.
387. Where a person wishes to institute penal proceedings under paragraph 3 of article 9 and article 10 of this Code, he shall apply to a judge for authorization, even though the person previously obtained another authorization required under a legislative provision amended, replaced or repealed by the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61).
1992, c. 61, s. 25.
388. The rules governing the prescription of penal proceedings provided in this Code or under the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61) apply even to an offence committed before 1 November 1993, unless the proceedings have already been instituted.
However, penal proceedings which, on 1 November 1993 or within the following six months, would have been prescribed under a provision amended, replaced or repealed by the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions remain subject to the prescription period provided in such provision.
1992, c. 61, s. 25.
389. Where, before 1 November 1993, a person has custody of a thing seized, he shall continue to assume custody thereof until the thing is disposed of in accordance with the law, unless it is submitted in evidence in which case, except where otherwise specially provided by law, the clerk becomes the custodian of the thing.
1992, c. 61, s. 25.
390. The following written proceedings remain valid if they were issued before 1 November 1993:
(1) informations and summons;
(2) prior, preliminary or summary notices;
(3) notices of summons or offence or infraction tickets;
(4) 48-hour notices issued under sections 577 and 578 of the Highway Safety Code (chapter C-24.2) or section 79 of the Act respecting transportation by taxi (chapter T-11.1), or 72-hour notices issued under section 90 of the Act respecting truck transportation (chapter C-5.1) or section 77.1 of the Transport Act (chapter T-12);
(5) notices of mechanical inspection issued under sections 524 and 531 of the Highway Safety Code.
However, if, on that date, prosecution has not begun, a statement of offence must be served before prosecution may begin.
1992, c. 61, s. 25.
391. Any summons, notice of summons or other written proceeding under which a defendant has been summoned to appear is equivalent to a statement of offence on the date fixed for the first appearance before a judge, where the prosecutor requests only the minimum sentence prescribed by law and the written proceeding indicates such sentence.
Payments in full discharge prescribed by any Act or regulation constitute a minimum sentence.
1992, c. 61, s. 25.
392. Any defendant who appears upon summons shall, subject to articles 393 and 394, enter a plea of guilty or not guilty.
1992, c. 61, s. 25.
393. At the time of the appearance, the judge may allow
(1) that a statement of offence be served forthwith on the defendant, where the sentence requested by the prosecutor is not indicated on the notice of summons or on the summons or where the prosecutor intends to request a greater sentence than the minimum sentence prescribed by law; or
(2) that the prosecutor serve forthwith on the defendant and file in the court's record a document including any additional information required to cause the notice of summons or the summons to be equivalent to a statement of offence.
The request for sentence need not be entered in a separate section of the notice of summons or summons, if the prosecutor requests only the minimum sentence.
1992, c. 61, s. 25.
394. The judge shall give every defendant on whom a statement of offence or its equivalent referred to in subparagraph 2 of the first paragraph of article 393 is served an opportunity to plead guilty or not guilty. However, the defendant is entitled to a period of 30 days before entering his plea.
If the defendant pleads guilty at the time of appearance, the judge shall convict him of the offence and impose a sentence on him within the limits prescribed by law. If the defendant pleads not guilty, the judge shall set a date for the trial.
1992, c. 61, s. 25.
395. The hearing of a preliminary application or the trial of a case which is pending, in first instance or in appeal, begun before 1 November 1993, may be continued and the written proceeding which instituted the proceedings need not be replaced by a statement of offence.
1992, c. 61, s. 25.
396. Written proceedings introductive of suit need not be replaced by a statement of offence to allow judgments, even judgments by default, to be rendered.
1992, c. 61, s. 25.
397. When rendering judgment, the judge may issue an order for the disposal of things seized at the time of an inspection or search carried out before 1 November 1993.
1992, c. 61, s. 25.
398. Where notice must be given within 30 days after 1 November 1993 under a provision amended or replaced by the Act respecting the implementation of certain provisions of the Code of Penal Procedure and amending various legislative provisions (1992, chapter 61) prior to the judgment to a person by reason of an order issued at the time of the judgment, the judge shall grant, without costs, the application for adjournment necessary to permit that such notice be given.
1992, c. 61, s. 25.
399. Article 230 of this Code applies only in the case of proceedings in respect of which no judgment has been rendered on 1 November 1993.
1992, c. 61, s. 25.
400. Provisions relating to the reduction of costs apply even in respect of judgments rendered before 1 November 1993.
1992, c. 61, s. 25.
401. Warrants of arrest issued under article 326 of this Code in the year preceding 1 November 1993 are valid for a period of two years from their date of issue without the need for renewal.
1992, c. 61, s. 25.
402. Any portion of a term of imprisonment to which the second sentence of the first paragraph of article 348 of this Code applies is cancelled on 1 November 1993 even if the defendant has begun to serve his sentence.
1992, c. 61, s. 25.
403. (Omitted).
1992, c. 61, s. 25.
SCHEDULE
DETERMINATION OF THE EQUIVALENCE BETWEEN THE AMOUNT OF THE SUMS DUE AND THE DURATION OF COMPENSATORY WORK
(Article 336)
For the portion of the One hour of
sums due between: compensatory work
is equivalent to:
$1 and $500: $10
$501 and $5 000: $20
$5 001 and $10 000: $40
$10 001 and $15 000: $60
$15 001 and $20 000: $80
$20 001 and $25 000: $100
$25 001 and $30 000: $120
$30 001 and $35 000: $140
$35 001 and $40 000: $160
$40 001 and $45 000: $180
$45 001 and $50 000: $200
$50 001 and over: $320.
1987, c. 96, schedule; 1995, c. 51, s. 48.
REPEAL SCHEDULES
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 96 of the statutes of 1987, in force on 1 March 1991, is repealed, except article 386, effective from the coming into force of chapter C-25.1 of the Revised Statutes.
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), articles 8 to 16, the third paragraph of article 55, the third paragraph of article 66, paragraph 2 (part) of article 71, article 87, the second paragraph of article 90, articles 91, 129 to 142, 144 to 146, the first and the third paragraphs of article 147, articles 148, 149, 156 to 168, the third paragraph of article 169, paragraph 5 of article 174, article 180, paragraph 4 of the first paragraph of article 184, article 185 (part), the first paragraph of article 187, article 188, the first and the third paragraphs of article 222, articles 230 and 261, the first paragraph of article 262, articles 263 and 264, paragraph 6 (part) of article 266, articles 268 (part), 291 (part), 363 and 366 of chapter 96 of the statutes of 1987, in force on 1 September 1994, are repealed effective from the coming into force of the updating to 1 September 1994 of chapter C-25.1 of the Revised Statutes.
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the second paragraph of article 187, the second sentence in the second paragraph of article 244, the second paragraph of article 250, the second paragraph of article 257, the second paragraph of article 262, the second paragraph of article 270, article 294 (part) and the second paragraph of article 316 of chapter 96 of the statutes of 1987, in force on 1 March 1997, are repealed effective from the coming into force of the updating to 1 March 1997 of chapter C-25.1 of the Revised Statutes.
Дата добавления: 2015-09-30; просмотров: 25 | Нарушение авторских прав
| <== предыдущая лекция | | | следующая лекция ==> |