Criminal Code of Canada - section 593(2) - Conviction of one or more

section 593(2)

INTRODUCTION AND BRIEF DESCRIPTION

If two or more people are charged together with the same offence related to a property, one or more of them can be convicted separately if they committed the offence individually.

SECTION WORDING

593(2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.

EXPLANATION

Section 593(2) of the Criminal Code of Canada allows for the conviction of one or more individuals charged in the same indictment for an offence committed in respect of a property or any part of it. This provision is intended to address the issue of multiple offenders involved in the same crime and to ensure that all guilty parties are held accountable. For example, if two or more individuals have been charged with theft of a valuable piece of artwork, but it is discovered that only one of them actually physically stole the artwork, Section 593(2) allows for the separate conviction of the individual who committed the theft. This provision prevents the guilty party from escaping punishment as a result of being charged alongside other individuals. This section is essential in ensuring that justice is served in cases where multiple individuals are involved in the same criminal act. By allowing for the individual conviction of those responsible for a specific aspect of the crime, it promotes the accountability of offenders and protects the rights of innocent individuals who may have been charged alongside those guilty of the crime. Overall, Section 593(2) is a vital component of the Criminal Code of Canada, as it ensures that all guilty parties can be held accountable for their actions and promotes the fairness and effectiveness of the criminal justice system.

COMMENTARY

Section 593(2) of the Criminal Code of Canada provides a legal provision that allows for the conviction of multiple individuals charged with the same offense. This provision specifically pertains to offenses relating to the theft, fraud, or possession of property. It outlines that if two or more people are charged in the same indictment for such an offense, any one or more of those individuals may be convicted if they committed the offense in regards to the property. The purpose of this provision is to enable the prosecution to hold those who are responsible for the crime accountable, even if they did not all act in concert. It recognizes that there are situations in which separate individuals may act independently and commit the same offense, and therefore, they should be held accountable for their respective actions. Additionally, this provision allows for more efficient and effective legal proceedings, as opposed to charging each individual with a separate offense, which could be time-consuming and costly. This provision is particularly relevant in cases of property offenses where multiple individuals may be involved. For example, in cases of theft from a store, where multiple individuals are caught stealing, this provision enables prosecution to hold each individual accountable for their respective actions, rather than charging them each with separate theft offenses. Furthermore, if the case involves a large number of individuals acting in concert, this provision ensures that each individual is held responsible for their actions without the prosecution having to prove the exact role each person played. One potential criticism of this provision is that it may result in inconsistent sentencing. In cases where multiple individuals are charged with the same offense, but only one or a few are convicted, sentencing may differ based on the individual characteristics of the offender rather than the severity of the crime. As a result, some may feel that this provision could lead to a lack of consistency in sentencing, even when it comes to the same offense, depending on the number of individuals involved and whether they are prosecuted or convicted. However, despite this criticism, Section 593(2) remains a crucial legal provision in Canada's criminal justice system, as it ensures that individuals who commit property offenses are held accountable, regardless of whether they acted alone or with others. Furthermore, this provision enables more efficient and effective legal proceedings, saving both time and resources in the process. In conclusion, Section 593(2) of the Criminal Code of Canada is an important provision that ensures accountability while maintaining efficiency in legal proceedings. It recognizes the potential for multiple individuals to commit the same offense independently and provides a means for prosecution to convict them accordingly. While it may face criticism regarding potential inconsistencies in sentencing, it remains a valuable tool in the criminal justice system for holding offenders accountable for their actions.

STRATEGY

Section 593(2) of the Criminal Code of Canada provides for a legal strategy that is often utilized by the prosecutors in cases where two or more persons have been charged with an offence in the same indictment. This section allows the prosecution to convict any of the accused persons who have separately committed the offence in respect to the property or its part. There are several strategic considerations when dealing with this section of the Criminal Code. Below are some of the strategies that could be employed while dealing with this section: 1. Separating the trials: One strategy is to have separate trials for each accused person. This strategy can be employed if there is limited evidence against each person, and there is a high likelihood that each person may be acquitted if tried together. By separating the trials, the prosecution can avoid the risk of having all the accused persons acquitted. 2. Plea bargaining: Another strategy that can be employed is plea bargaining. This strategy involves negotiating a plea agreement with one or more of the accused persons. The accused person may agree to plead guilty to a lesser offence, and in exchange, the prosecution may drop the charges against the other accused persons or reduce the severity of the charges. 3. Corroborating evidence: When dealing with Section 593(2), it is important to have sufficient evidence that the accused persons committed the offence in respect of the property or its part separately. This can be achieved by presenting corroborating evidence, such as eyewitness testimony or forensic evidence, which can help prove that the accused persons acted separately. 4. Selective prosecution: Selective prosecution is another strategy that can be employed. This strategy involves choosing to prosecute only one or two accused persons, even if all the accused persons have committed the same offence. This strategy can be employed if the prosecution believes that certain accused persons played a more significant role in the offence or if the prosecution wants to secure a conviction against a particular accused person. 5. Joint trial considerations: When dealing with Section 593(2), it is important to consider the impact of a joint trial. A joint trial can create confusion, and it can be challenging to determine which accused person committed the offence in respect of the property or its part separately. As a result, it is important to present evidence that is clear and specific about the conduct of each accused person. In conclusion, Section 593(2) of the Criminal Code of Canada provides a legal strategy that can be utilized by the prosecution in cases where two or more persons have been charged with the same offence in the same indictment. When dealing with this section, the prosecution must carefully consider the evidence, the impact of a joint trial, and the strategies that can be employed to secure a conviction. By doing so, the prosecution can increase the likelihood of securing a conviction against one or more of the accused persons.