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355 Every one who commits an offence under section 354. (a) if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence is more than $5,000, is guilty of.
Section 355 of the Criminal Code of Canada pertains to the offence of mischief relating to property, with specific reference to the destruction, damage, or alteration of a will, testamentary instrument, or any other document that affects someone's testamentary rights.
- Overview
- Offence Wording
- Interpretation of The Offence
- Sentencing Principles and Ranges
- Record Suspensions and Pardons
- History
Offences relating to possession of stolen property are found in Part IX of the Criminal Coderelating to "Offences Against Rights of Property". Pleadings The offence of possession of stolen property of value of $5,000 or less is hybrid with a Crown election. Where the offence involves "unlawfully having in his possession any property or thing or any...
"property"
The definition of property under s. 2 does notinclude "interest in property." Presumed Value Stolen property is prima faciepresumed to be the retail value of the items.
See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the OffenceSee also: Property and Fraud Offences (Sentencing)Convictions under s. 355 [possession of stolen property] are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may nothave the record suspended where the o...
Prior to December 13, 2018, setions 259 and 260 read as follows: Constitionality of s. 359 Insofar as s. 359 requires admission of irrelevant or purely character evidence, it violates s. 7 of the Charter and should be "read down" to exclude irrelevant evidence.
The Criminal Code. defines the conduct that constitutes criminal offences; includes rules that set out how people can be guilty of crimes if they help or encourage others to commit crimes, and rules for how corporations and other organizations can be found guilty of crimes;
Jun 18, 2024 · Section 355 of the Criminal Code makes possession of stolen property a hybrid offence meaning that the Crown can elect to proceed by way of indictment or summarily. The maximum punishment for this offence depends on the value of the property in your possession.
214 - PART VIII - Offences Against the Person and Reputation. 214 - Interpretation. 215 - Duties Tending to Preservation of Life. 219 - Criminal Negligence. 222 - Homicide. 229 - Murder, Manslaughter and Infanticide. 240.1 - Trafficking in Human Organs. 241 - Suicide. 241.1 - Medical Assistance in Dying.
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Sections 355.2 to 355.5 describe four offences relating to the trafficking of stolen property. There are offences for trafficking in stolen property of value exceeding $5,000 [355.2 and 355.5 (a)] and trafficking in stolen property of value not exceeding $5,000 [355.2 and 355.5 (b)].
