Corruption (jurisprudence des peines)
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Offence Wording
- Bribery of judicial officers, etc.
119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who
- (a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or
- (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.
- Consent of Attorney General
(2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.
R.S., 1985, c. C-46, s. 119; 2007, c. 13, s. 3.
- Bribery of officers
120. Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who
- (a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent
- (i) to interfere with the administration of justice,
- (ii) to procure or facilitate the commission of an offence, or
- (iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or
- (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).
R.S., 1985, c. C-46, s. 120; 2007, c. 13, s. 4.
Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Aitchison, 2013 ONCJ 74 (CanLII), par Baldwin J | ON  |
PC | 3 to 4 mois d'emprisonnement plus probation | Trouver des résumés de cas. |
| R v Telisma, 2012 QCCQ 27 (CanLII), par Lamontagne J | QC  |
PC | 18 months CSO | He was "Employed by the Municipal Court as a justice of the peace for the last ten years or so, the accused was responsible for the deposit of any cash seized ... Ten times over a period of 5 months, the accused took deposits for a total of $4,331 and hid the proofs of payment .... Breach of trust between the employer and the position occupied: officer justice of the peace. ... Several times, over a period of 5 months, the accused, as an officer of the court, duped the public's trust, lured as she was by money. ...The accused pleaded guilty. ...She collaborated with the investigation. ...She reimbursed the amounts and returned the documents taken. ...She has no criminal record. She has taken steps to solve her problems and is in school. ..Under the circumstances and taking into account the accused's profile, the steps taken, the real efforts toward rehabilitation, and the deterrent effect of the legal process, the Court believes that a suspended sentence would not contradict the criteria of denunciation and deterrence." [1] Trouver des résumés de cas. |