INTRODUCTION AND BRIEF DESCRIPTION
It is a criminal offence to receive money or any valuable consideration in exchange for agreeing to conceal or compromise an indictable offence.
SECTION WORDING
141(1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
EXPLANATION
Section 141(1) of the Criminal Code of Canada is an important provision that deals with the criminal offence of "compounding or concealing" an indictable offence. In essence, this section prohibits a person from asking for or receiving any valuable consideration in exchange for agreeing to compound or conceal a criminal offence. To begin with, the offence of "compounding" refers to an agreement between the victim or complainant of a crime and the accused perpetrator to settle the matter privately, often by the payment of money or other valuable consideration. This is deemed to be contrary to the public interest in the administration of justice and is therefore prohibited. On the other hand, the offence of "concealing" refers to the act of hiding or covering up an indictable offence from the authorities. This could involve suppressing evidence, lying to investigators, or otherwise obstructing justice. In both cases, the Criminal Code makes it clear that anyone who engages in such activities for the purpose of obtaining valuable consideration is guilty of an indictable offence and could face a maximum penalty of two years' imprisonment. The rationale behind this section is to ensure that the administration of justice is not compromised by private agreements or attempts to conceal criminal conduct. It is essential for the public to have confidence that the justice system is fair, impartial, and transparent. By criminalizing the compounding or concealing of indictable offences, the law seeks to promote these fundamental values. In conclusion, section 141(1) of the Criminal Code of Canada is an important provision that reinforces the principle that justice should not be bought or hidden from public scrutiny. By making it a criminal offence to ask for or receive valuable consideration in exchange for compounding or concealing an indictable offence, the law seeks to uphold the integrity of the criminal justice system and safeguard the public interest in the fair and transparent administration of justice.
COMMENTARY
Section 141(1) of the Criminal Code of Canada criminalizes the act of compounding or concealing an indictable offense in exchange for valuable consideration. An indictable offense is a serious criminal offense, and compounding or concealing such an offense undermines the justice system and undermines the rule of law. The section aims to prevent people from profiting from their knowledge of criminal activities and to protect the integrity of the justice system. The section criminalizes three types of behavior: asking for valuable consideration, obtaining valuable consideration, and agreeing to receive or obtain valuable consideration. This means that the offense can be committed even if no valuable consideration changes hands, as long as there was an agreement to receive valuable consideration. Valuable consideration is not defined in the section, but it is generally understood to mean any form of payment or benefit that has monetary or non-monetary value. This can include cash, goods, services, gifts, or any other form of remuneration. The section does not require that the valuable consideration be received directly by the person compounding or concealing the offense, but it can be received by any person acting on their behalf. The maximum penalty for the offense is imprisonment for a term not exceeding two years. This means that the offense is considered relatively minor compared to other serious criminal offenses. However, the offense can have serious consequences for the person convicted. A criminal record can affect their ability to find employment, travel, or obtain professional licenses. The offense can also damage their reputation and affect their relationships with others. Section 141(1) is an important provision in the Criminal Code because it serves to protect the integrity of the justice system and prevent people from profiting from criminal activities. Compounding or concealing an indictable offense can lead to serious consequences for society, as it can allow criminal activities to go unpunished. The provision also serves as a deterrent against such behavior, as people may be less likely to engage in this type of activity if they know they can be punished for it. In conclusion, section 141(1) of the Criminal Code of Canada is an important provision that criminalizes the act of compounding or concealing an indictable offense in exchange for valuable consideration. The provision aims to protect the integrity of the justice system and prevent people from profiting from criminal activities. The offense is considered relatively minor compared to other serious criminal offenses, but it can have serious consequences for the person convicted.
STRATEGY
Section 141(1) of the Criminal Code of Canada criminalizes the act of asking, obtaining, or agreeing to receive valuable consideration for compounding or concealing an indictable offense. In this context, compounding means to settle or waive the criminal charges against the accused, while concealing means to hide the criminal offense from the authorities or the public. This provision of the Criminal Code is meant to discourage people from interfering with the proper administration of justice and to uphold the integrity of the justice system. When dealing with section 141(1) of the Criminal Code, there are several strategic considerations that one must take into account. Firstly, it is essential to be aware that not all types of valuable consideration are prohibited under this section. The provision explicitly applies to situations where the valuable consideration is given or received in exchange for compounding or concealing an indictable offense. Therefore, it is crucial to establish that the accused was aware of the criminal nature of the offense and that the valuable consideration was exchanged for the purpose of compounding or concealing that offense. Moreover, it should be noted that the indictable offense does not have to be a completed or successful crime. Even an attempt or a conspiracy to commit an offense can trigger liability under this section. Therefore, it is essential to gather evidence that demonstrates that the accused has taken steps to compound or conceal an indictable offense, even if the offense did not ultimately take place. In terms of the strategies that could be employed when dealing with section 141(1) of the Criminal Code, there are several options available. Firstly, if you are representing the accused, you could argue that there was no intention to commit the offense and that any discussions about compounding or concealing the offense were mere hypothetical or speculative conversations. This type of defense could be particularly effective if there is no direct evidence of an agreement to exchange valuable consideration for compounding or concealing the indictable offense. Another possible strategy is to negotiate with the prosecution to reduce the charges or negotiate a plea deal. This could involve agreeing to cooperate with the authorities in exchange for a reduced sentence or immunity from prosecution. However, it is crucial to ensure that any discussions about plea bargains or cooperation with the prosecution do not run afoul of section 141(1) of the Criminal Code itself. Ultimately, the best strategy will depend on the specific circumstances of the case. For example, if there is direct evidence of an agreement to exchange valuable consideration for compounding or concealing an indictable offense, then it may be more prudent to focus on mitigating the sentence rather than disputing the charges. Conversely, if the evidence of the offense is weak or circumstantial, then it may be more productive to argue that the accused had no intention to commit the offense. In conclusion, section 141(1) of the Criminal Code of Canada creates significant liability for those who seek to compound or conceal indictable offenses. When dealing with this section, it is essential to take into account the specific circumstances of the case, the available evidence, and the potential consequences of each strategy. By considering these factors carefully, one can navigate this provision effectively and uphold the integrity of the justice system.