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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