section 739

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the court to order an offender to pay restitution to a person who obtained property as a result of a crime, but did so in good faith and without notice, if that property has been returned to its lawful owner.

SECTION WORDING

739 Where an offender is convicted or discharged under section 730 of an offence and (a) any property obtained as a result of the commission of the offence has been conveyed or transferred for valuable consideration to a person acting in good faith and without notice, or (b) the offender has borrowed money on the security of that property from a person acting in good faith and without notice, the court may, where that property has been returned to the lawful owner or the person who had lawful possession of that property at the time the offence was committed, order the offender to pay as restitution to the person referred to in paragraph (a) or (b) an amount not exceeding the amount of consideration for that property or the total amount outstanding in respect of the loan, as the case may be.

EXPLANATION

Section 739 of the Criminal Code of Canada is a provision that allows for the recovery of property and compensation for damages resulting from criminal activity. Specifically, this provision applies when an offender has been convicted or discharged under section 730 of an offence, and property obtained as a result of that offence has been conveyed or transferred for valuable consideration to a person acting in good faith and without notice. In such cases, the court may order the offender to pay restitution to the person who acquired the property, provided that the property has been returned to its lawful owner or possessor. The amount of restitution is capped at either the value of the consideration paid for the property or the total amount outstanding on any loans secured by that property. The purpose of this provision is to protect innocent third parties who may have unwittingly acquired property that was obtained through criminal means. By allowing for the recovery of such property and compensation for damages to the rightful owner, this provision serves as a deterrent against criminal activity while also ensuring that victims are able to recover their losses. Overall, section 739 represents an important component of the Criminal Code of Canada, as it provides an avenue for justice and reparations in situations where criminal activity has resulted in financial harm to innocent parties.

COMMENTARY

Section 739 of the Criminal Code of Canada is an important provision that deals with the issue of restitution for property obtained through criminal means. This section allows the court to order an offender to pay restitution to a person who has acquired the stolen property for valuable consideration or borrowed money on the security of that property, provided that they did so in good faith and without any notice of the offence. The purpose of this section is to ensure that victims of crime are compensated for their losses and that offenders are held accountable for their actions. It recognizes the principle that offenders should not be allowed to profit from their crimes and that restitution is an important component of the criminal justice system. One of the key features of Section 739 is that it allows for restitution to be paid even if the offender has already been convicted or discharged under section 730 of the Criminal Code. This means that even if an offender has already served their sentence, they can still be ordered to pay restitution to the victim. This is important because it ensures that victims are not left to bear the financial burden of the crime alone. Another important element of this section is the requirement that the person who acquired the stolen property or lent money on its security did so in good faith and without any notice of the offence. This is designed to protect innocent parties who may have unknowingly received stolen property or lent money on its security. It also prevents offenders from using this section as a way to escape liability by simply transferring stolen property to a friend or family member. In determining the amount of restitution to be paid, the court can order the offender to pay the amount of consideration for the property or the total amount outstanding in respect of the loan, as the case may be. This ensures that the victim is fully compensated for their losses, including any financial losses they may have suffered as a result of the offence. Overall, Section 739 of the Criminal Code of Canada is an important provision that recognizes the importance of restitution in the criminal justice system. It ensures that victims are compensated for their losses and that offenders are held accountable for their actions. By allowing for restitution to be paid even after an offender has served their sentence, this section ensures that justice is truly served and that offenders do not get away with profiting from their crimes.

STRATEGY

Section 739 of the Criminal Code of Canada provides for restitution payments to be made by offenders who have committed crimes resulting in the conveyance or transfer of valuable property to persons acting in good faith and without knowledge of the criminal activity. This provision presents strategic considerations for lawyers and offenders alike when dealing with criminal cases, and requires careful consideration to determine the best course of action. One important consideration concerns the nature of the criminal offense committed and the property involved. The court will not order restitution unless the property was obtained as a result of the commission of the specific crime for which the offender was convicted or discharged under s. 730. Defendants and their lawyers should carefully review the facts and circumstances surrounding the offense in question to determine whether there is a possibility of restitution under section 739, and if so, the amount of money that may be payable. This requires a thorough understanding of the law and a careful examination of all relevant evidence. Another strategic consideration is the ability of the offender to pay restitution. This can depend on a variety of factors, including the offender's personal financial situation, employment status, and availability of other sources of income. In cases where the offender has limited financial means, the court may order a payment plan to be established or take other steps to ensure the restitution is paid over time. Alternatively, the court may waive restitution payments altogether if it determines that the offender's personal situation makes the payment of restitution unjust or impossible. The strategy employed by the offender and their legal counsel will also depend on the nature of the victim involved. The provisions of section 739 apply to any person acting in good faith who has conveyed or borrowed money on the security of the relevant property. It is important to carefully consider the circumstances of the victim, including their financial situation, their view of the offense committed, and their willingness to cooperate. In some cases, it may be possible to negotiate a settlement agreement outside of court, which can result in a more favorable outcome for both parties. Finally, the timing of restitution payments is an important strategic consideration. In many cases, restitution will be ordered as part of the sentencing process, and payment will be required within a certain timeframe. Offenders should work with lawyers to determine the most appropriate payment plan, and to make sure that any required payments are made on time. This can help to minimize penalties and ensure that the case is resolved in the most favorable way possible. In conclusion, section 739 of the Criminal Code of Canada provides an important tool for victims of crimes to recover valuable property obtained as a result of criminal activity. Lawyers and defendants should take care to carefully consider all of the strategic factors involved, and to pursue the most appropriate course of action. By working closely together and developing a sound strategy, it is possible to mitigate the long-term impact of criminal activity and help to promote justice and restitution for all parties involved.