section 375

INTRODUCTION AND BRIEF DESCRIPTION

Demanding, receiving or obtaining anything based on a forged document issued under the authority of law is an indictable offence punishable by up to 14 years imprisonment.

SECTION WORDING

375 Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

EXPLANATION

Section 375 of the Criminal Code of Canada criminalizes the act of obtaining anything under the authority of law through a forged document. The section specifically targets individuals who knowingly demand, receive, or cause the delivery or payment of something based on a forged instrument and outlines the consequences of such actions. The section applies to a wide range of offenses, including identity theft, forgery, and fraud. For example, if an individual fraudulently obtains a loan by using forged documents, they could be charged under this section. Similarly, if a person impersonates a government official and demands money based on a forged document, they would be guilty under this section. The penalty for this offense is severe, with those found guilty facing up to fourteen years in prison. This reflects the seriousness of the crime and serves as a deterrent to potential offenders. Overall, Section 375 plays an important role in protecting the integrity of legal instruments and ensuring that those who seek to exploit them for personal gain are held accountable. It is an essential component of the Criminal Code of Canada and serves to promote fairness and justice in Canadian society.

COMMENTARY

Section 375 of the Criminal Code of Canada criminalizes the act of knowingly obtaining anything under an instrument issued under the authority of law that is based on a forged document. This offence is indictable and punishable by imprisonment for up to 14 years. This section of the Criminal Code of Canada is important as it aims to prevent fraud and other related crimes by making it clear that knowingly obtaining anything based on a forged document is a serious crime. The section also serves to deter individuals from engaging in such unethical and illegal activities. The section applies to a wide range of instruments issued under the authority of law. This includes documents such as identification cards, passports, driver's licenses, bank checks, and many more. Any person who knowingly obtains anything under such an instrument, knowing that it is based on a forged document, is guilty of an indictable offence. In cases where an offence has been committed under this section, the crown prosecutor must prove beyond a reasonable doubt that the accused person knew that the document was forged. This can be difficult to prove in some cases, as individuals may claim that they were not aware of the forgery. Furthermore, section 375 of the Criminal Code of Canada also raises questions about the role of institutions and government agencies responsible for issuing documents and instruments. These institutions must ensure that the documents and instruments they issue are authentic and valid. Failing to do so not only makes them liable for any damages that result from a forged document but also undermines public trust in the system. It is worth noting that the punishment for an offence under section 375 can be severe. A person found guilty of this offence can be sentenced to up to 14 years in prison. Furthermore, the offence carries a stigma, as a conviction can significantly impact an individual's future employability and social standing. In conclusion, section 375 of the Criminal Code of Canada plays an essential role in protecting the public from fraud and other related crimes. It is a tool that law enforcement can use to prosecute individuals who obtain anything knowingly under an instrument based on a forged document. The section sends a powerful message that the justice system takes such offences seriously, and perpetrators will face serious consequences for their actions.

STRATEGY

Section 375 of the Criminal Code of Canada serves as a critical tool for criminal prosecution as it provides the legal framework for charging individuals engaged in fraud, forgery and other forms of financial crimes. In order to effectively utilize this section, it is important to consider several strategic aspects. The first and most important consideration is to establish the essential components of the offence. The Crown prosecutor must prove that the accused demanded, received, or obtained something, or caused or procured something to be delivered or paid to a person under, on, or by virtue of any instrument issued under the authority of law. Additionally, the prosecutor must demonstrate that the accused was aware that the said instrument was based on a forged document. Establishing these components may require a thorough investigation and collection of evidence, including documents, financial transactions, and witness statements. Another strategic consideration is the severity of the offence. Section 375 of the Criminal Code of Canada is an indictable offence, which implies that the punishment can result in imprisonment for up to 14 years. Given the seriousness of the offence, it is crucial that the Crown prosecutor can prove beyond reasonable doubt that the offence was committed. Moreover, the prosecutor has to weigh the likelihood of obtaining a successful prosecution, including the costs and resources required to do so. A third strategic consideration is the potential defences that the accused might employ. This includes arguments around the credibility of the witnesses, the accuracy of documents, and the intent of the accused. The prosecutor must be able to counter these defences with evidence that refutes them while building a strong case that supports the charges brought against the accused. In terms of strategic approaches to prosecuting individuals under Section 375, one effective strategy could be to rely on the use of forensic experts and investigators. Given the complexity of modern financial crimes and the degree of digital transactions, forensic experts can provide valuable insight into identifying fraudulent activities, including forgeries, financial manipulations, and document falsifications. In many cases, forensic evidence can provide incontrovertible proof that can be used in court to secure a conviction. Another strategy could be to use plea bargaining. In certain situations, where the evidence is not strong enough to obtain a conviction, or when other factors are relevant, the Crown prosecutor may offer a plea deal to reduce the sentence. This approach can help resolve the case quickly and efficiently while still holding the offender accountable for their actions. Lastly, the prosecutor could consider collaborating with other public and private organizations, such as financial institutions, regulatory authorities, and law enforcement agencies. These organizations can provide vital information and resources to support the prosecution, including bank records, employee testimonies, and other relevant data. Overall, successfully prosecuting individuals under Section 375 of the Criminal Code of Canada requires consideration of several strategic factors. By understanding the requirements of the section, the severity of the offence, potential defences, and available resources and tools, prosecutors can build strong cases and secure convictions that protect the public interest.