Can the employee refuse to receive criminal charges or filings?
An employee of the Public Prosecutor’s Office reception office or his deputy may not refuse to receive the writ according to family lawyer in toronto. If the record contains formal deficiencies (e.g. no address of the supplier, does not include the attachments stated in the text, etc.), the employee will tell the supplier that the letter should be completed before it is received. If the party does not make any adjustments or additions and insists that the writ be received, then the employee shall receive the writ with a written notice of the indication given.
– In what language are the submissions submitted?
Pursuant the Criminal Procedure Code, lawsuits, appeals and other submissions shall be filed in the language in which the proceedings are conducted. Citizens who speak an official language other than their native, may submit their submissions in their own language and alphabet. Such submissions shall be translated and transmitted to the parties to the proceedings. Other persons who do not speak or understand the language and its alphabet may submit their submissions in their own language and alphabet. In those cases, as well, such submissions are translated and submitted to the parties to the proceedings. The defendant who does not understand the language of the proceedings shall be provided with a translation of the indictment into the language used in the proceedings. A foreign national arrested or detained may submit the application in his or her own language, and in other cases on condition of reciprocity.
– Which prosecution is competent to act in a particular case?
Criminal Procedure Code provides that the real jurisdiction of the public prosecutor is determined by the provisions that apply to the jurisdiction of the court for the area for which the public prosecutor is elected and the Law on Public Prosecutor’s Office. The public jurisdiction of the public prosecutor shall be determined by the provisions which apply to the jurisdiction of the court in the area for which the public prosecutor is elected.
However, if the criminal charges are filed with the police, the court or an incompetent public prosecutor, they will receive the report and immediately forward it to the competent public prosecutor.
– How does the public prosecutor act after receiving the criminal charges?
Upon receipt of the criminal charge or upon notification from the police, the proceeding shall be managed by the public prosecutor.
The public prosecutor himself or through the judicial police, or other persons employed in the investigative centers of the public prosecution, will collect the information necessary for deciding upon the criminal charges, and if necessary will do so through the police or other intelligence authorities.