See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.ģ46 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done. 752(a) only if it has a maximum penalty of 10 years incarceration or more and involves "use or attempted use of violence against another person" or "conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person". 346 are designated "serious personal injury" offences under s. 346 are designated offences eligible for wiretap under s.
110 of the YCJA or young victims under s. There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 486.5(1) where it is "necessary" for the "proper administration of justice".
#EXTORTION LEGAL DEFINITION CODE#
346 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.įor all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 515(6)(b)).Ī peace officer who charges a person under s.
"for the benefit of, at the direction of, or in association" with a criminal organization (s.a reverse onus) if the offence, prosecuted by indictment, was committed: 503, there will be a presumption against bail (i.e. If police decide to bring the accused before a Justice pursuant to s. 346 have a reverse onus on bail where it has "been committed with a firearm". 515(6)(a)(vii), offences charged under s. He can also be released by a justice under s. 498 or 499 on an undertaking with or without conditions. If arrested, he can be released by the arresting officer under s. 346, the accused can be given a judicial summons without arrest.
#EXTORTION LEGAL DEFINITION TRIAL#
536(2) to trial to trial in provincial court, superior court with a judge-alone (with or without a preliminary inquiry) or superior court with judge-and-jury (with or without a preliminary inquiry).īefore the Crown can rely on provisions increasing the duration of the weapons prohibition order due to a prior weapons prohibition order notice under s. There is a Defence election of Court under s. Offences relating to extortion are found in Part IX of the Criminal Code relating to "Offences Against Rights of Property".
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