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回复：热心肠说得非常好，很专业
最初由[xpxpxpx p]发布
热心肠说得非常好，很专业
热心肠说得非常好，也很专业，我觉得51就是需要更多的懂专业的热心肠才能越办越好。网络时代本身就是一个大众得以施展的时代吗。
现就下面几个问题请教热心肠网友：
1.本人确实不太懂加拿大的法律，所以在我直接打电话给法院索要该案相关资料的时候特意强调我的非专业背景，并且说明了这是一起刑事案件，法院工作人员的回复很明确，她讲Court Script是对公众开放的，任何人都可以索取，那么她讲的Court Script是否就是您提到的开庭记录不同呢？
2.就我对加拿大法律粗浅的了解来看，作为刑事案件受害人是不可以进行刑事诉讼的，刑事诉讼需要由检查官来进行。那么如果受害人对法庭审理结果不满，他们可以独立进行上诉吗？如果他们不可以上诉刑事案件，那么他们需要通过什么途径来达到上述的目的呢（即由上一级法院来重审）？
先谢谢您了，如果您觉得中文不方便，可以使用英文。
xp, thanks again for all the hard work.
Criminal hearings are public hearings. Everyone has the right to attend a public hearing, so the record of the process will become available to the public.
Court script is 开庭记录, including the court dictation taken by the court clerk and the draft notes taken by the judge. The script is very much like the minutes for a business meeting, documenting what has been discussed and the order made by the judge.
The script will not include disclosure, police statement, pictures, weapons, coroner's report and other evidence. These are submissions and once submitted will become evidence. The process of the submission will be documented in the script.
In this case, the charge was dropped before a trial, so there should be only limited submissions of "evidence".
The script should provide very valuable information the argument why the charge was droped.
I suspect the old couple should have access to the court document. They have hired and fired 5 lawyers. I could imagine they brought the court doc to the lawyers, but once they were told there's no case, they kept shopping around. They are in their denial mode.
All indictable criminal cases must be prosecuted by the Crown Attorney. If family members are not satisfied with the Crown's decision of dropping the case, they will file a judicial review with a higher court if they trust:
1. the Crown has made a serious mistake in procedures,
2. the Crown has ignored critical information/evidence,
3. there isnew and significant evidence to change the decision,
4. there is public interest involved.
The old couple do not have an appeal. According to the newspaper 2 years ago, they have filed a complaint, probably about a serious mistake in procedures. I don't understand why after 2 years the complaint has not been resolved.
A Crown Attorney does not drop a case at his or her free will. The Crown must run it by the Chief Crown and discussed it with police. The judge must have endorsed the decision. We are talking about a group decision.
Very few talked about the defendant. He could be a victim. Imagine Fu was under the influence of alcohol and initiated the fight with the defendant who had to defend himself for his safety. He then was charged with second degree murder and detained for a few months. Where is the justice for him? |
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楼主: xpxpxpx p
狗仔卡
发表于 2007-5-3 21:49:48
显身卡
楼主
