Tag: criminal lawyer

What Are The Cases Where You Are Not Obliged To Give A Statement

In certain cases, you may refuse to answer a specific question. These cases are: if it is likely that with the answer to a particular question, they would expose themselves or their close relative to a severe embarrassment, a substantial pecuniary damage or a criminal prosecution. The probation lawyer toronto is here to assist you with this issue.

You may not be asked questions about your sex life and sexual inclinations, political and ideological determination, racial, national and ethnic origin, moral criteria, and others, especially personal and family circumstances, except for the exception if the answers themselves to such questions are related to clarification of the essential characteristics of the crime.

When do you not have an obligation to give statements

If you are a married or illegitimate spouse of the defendant; if you are relatives of the bloodline defendant in a straight line, relatives in the sideline up to the third degree, as well as relatives by maturity up to the second degree, or the adoptive parent and adoptive parent of the defendant, then you have the obligation only to call the invitation, but you have no obligation to give a statement. You have an obligation to call the summons because the body of the procedure must first determine your identity and your relationship with the defendant, and then only decide whether you fall into the category of persons who are exempt from duty to testify.

As soon as your relationship with the defendant is determined, and before you are examined, the body will warn you that you are not obliged to testify. Your decision is whether to testify or not to testify.

First, before the trial starts, you will be reminded that you are obliged to speak only the truth, that you must not silence anything and that giving a false statement is a crime. They will also teach you which questions you are not obliged to answer. They will also ask you about your personal data, as well as about your relationship with the defendant and the damaged party. Then, issues related to the criminal offense and the perpetrator for which the procedure is conducted are followed.

If you are afraid that by giving a statement or by answering a particular question, you would bring yourself or your close person in serious danger to life, health or physical integrity, you can refuse to give a statement or not to provide your personal information until you provide conditions for your protection. If the public prosecutor, that is, the court, finds out that there is indeed a basis for your fear and if there is fear, they will provide protection. Protection may consist of a special mode of investigation and the application of other protection measures. So, for example, they will identify you with an alias, they can examine you with the help of technical devices for image and sound transmission, where your character and voice will be changed. They may not ask you questions that would reveal your identity, place of residence, workplace, etc.

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Is Surrogacy Legal Around the World

Namely, in the arguments for legalizing surrogacy on a global scale, it is predominantly that everyone has the right to family and parenthood, and scientific development must not be limited if it enables the realization of such rights in persons who cannot naturally become parents. The property offence lawyer toronto is a legal place for all your legal matters.

But the third dimension is actually the most important, and that’s the rights of a child born through surrogacy. And, his rights are most affected by the lack of an equal approach to this issue at the international level. Namely, citizens of countries that prohibit surrogacy, and face an unsolvable problem of infertility or inability to bear the fetus by a future mother, often travel to countries where it is allowed in order to obtain their (genetically linked) offspring. In addition, after the birth of the child / children and the receipt of appropriate documents from the country where the surrogate was arranged, they addressed the diplomatic and consular offices of their home country with a request for registering the child in the registry books and are usually rejected. In doing so, a serious violation of one of the most important rights of the child – the right to identity is actually committed. Observed from the aspect of the Convention on Human Rights, this is a violation of the right to private life, where the right to identity actually belongs.

The Court of Human Rights has a major role in the protection of rights, above all, of children. Namely, through several verdicts for cases of surrogacy, the Court did not go into the question of the admissibility or inadmissibility of the issue, put aside the children and their right to identity, emphasizing that “the best interests of the child are always at the forefront.

Another issue that is also raised by lawyers is the right of the child to know the identity of his parents. Well, here are the dilemmas of the type – is the gestation carrier considered a parent and whether the child needs to know her identity? Or should this right be enjoyed in cases where the embryo from which the child originated was created by one or two donated sex cells? Regarding the first issue, certain legislation contains solutions according to which the child has the right to be informed that he was born by a surrogate mother and to find out her identity. As for the second question, it seems that the placing of such a dilemma is overestimated and unjustified. Donation of sex cells – sperm and egg cells – is not performed in order for the donor to acquire parental rights in the future. Argumentum ad absurdum otherwise one donor could face the fact that he is a genetic parent of many children!

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