When the injured party acquires the right to take over prosecution, the court is obliged to inform him, and at the trial itself or in writing, he is instructed to make a statement on whether he wants to take over the prosecution and represent the charge. The time limit for issuing such a statement shall be eight days from the date of receipt of such notice and instruction, and if not notified, for any reason, the statement may be given within three months from the date on which the public prosecutor withdrew from the charge. Our criminal defence lawyer toronto is the expert when it comes to dealing with such cases.
If the injured party fails to make a statement within the prescribed time limit, he / she will not be deemed to want to take over the prosecution, and the court will suspend the procedure or issue a refusal. The court will act in the same way if the duly summoned victim does not approach the preparatory hearing or the main trial, or if the call could not have been served on him for not reporting to the court the change of address of residence or place of residence, because in this way the injured party clearly shows lack of interest in the criminal proceedings.
Upon the assumption of criminal prosecution, the injured party shall have all the rights that the public prosecutor (other than those who belong to the prosecutor as a state body), as well as some additional rights – to submit a motion and evidence for the realization of a property claim and propose temporary measures for his security, engages a proxy from the lawyer’s office, and requires the appointment of a proxy.
The most interesting thing is the right to request that a lawyer attorney be appointed, whose costs fall at the expense of the budgetary funds. This right is affected when a criminal proceeding is conducted for a work for which a sentence of imprisonment of more than five years may be imposed. The request shall be decided by the president of the trial chamber or by an individual judge, evaluating the material status of the injured party, as well as whether it would be in the interest of the criminal proceedings.
The injured party loses the prosecutor’s property when he gives up the charge, when he dies (that is, he ceases to exist if the legal entity is damaged), and when the public prosecutor takes over the criminal prosecution again (the public prosecutor has this right to the completion of the main trial). The statement of the injured party to give up the prosecution is irrevocable, and it will be deemed that he made such a statement even if the duly summoned victim does not approach the preparatory hearing or the main trial, or if his invitation could not have been served due to the failure to notify the court of change of the address of residence or place of residence.