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As a witness in a criminal case, you may be summoned in cases where the competent authorities (the prosecution and the court) consider that you have knowledge and that you are likely to be able to report on the crime and the perpetrator, as well as other important circumstances. For example, if you have seen the crime when it happened, if you have heard something about it and so on. Hire a criminal law firm brampton to help you with this matter.
You will be summoned with a written invitation stating your name and surname, time and place when and where you should come, the criminal case in connection with which you are being summoned, as well as a warning about the consequences in case you do not call the invitation. The invitation will indicate that they are calling you as a witness.
Do you have an obligation to help?
Yes, whenever you receive such an invitation, you are required to contact the body that is calling you, at the time and place indicated in the invitation. But in some circumstances, such as, for example, due to old age, illness or severe physical defects that disable your movement, you can be examined in your home or elsewhere.
If you are duly summoned, and you do not call the summons, without justifying your absence, you may be forcedly brought in by a court order, and the court may punish you with a fine. If you are prevented from coming, you should promptly inform the body that called you. The reasons justifying the absence may be different, but their justification is, of course, assessed by the body conducting the procedure.
Do you need to answer all the questions
Yes, you are obliged to answer the questions asked. If you refuse to answer the questions, you can be fined twice, and if you refuse to testify after the second fine, the court can impose a prison sentence of up to 30 days. Sometimes, if asked by you, giving a statement implies an obligation to recognize the objects and persons who are showing you.
Do you need to reveal the truth
Yes, you are obliged to speak the truth on the questions asked, without silencing anything from what you know about the crime and the offender. When you did not say everything that you know, that is when your statement does not give full a picture of the facts that you have noticed and remembered, then you will be considered to be silent. The testimony is false when it is not in accordance with your knowledge of the event and in general the facts that are the subject of proof. Giving a false statement is also considered if you give a statement that you do not know anything about what is being said, for example, that you have not seen anything, you have not heard anything, and you have actually seen and heard it.
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The statement that the so-called. “Surrogate – Motherhood” is as old as the Bible is not far from the truth. Namely, there can be found explicit examples of what we call traditional surrogacy today. There is a multitude of sources, historical documents, religious and other books, traditions, etc. where we will face the fact that this is not a new phenomenon. Find out more about us on criminal law firm brampton.
From a modern perspective, surrogate – motherhood is one of the reproductive options that is an alternative to in vitro fertilization, when this will prove unsuccessful in a specific case. Surrogacy provokes serious debates, especially for cases of international surrogacy, different regulation, non-recognition of the parentage of those couples who have come to this post through the method, etc., This is especially true when it comes to children’s rights.
But what does surrogacy actually mean? Surrogacy or surrogate – motherhood in general is a child’s birth for another. Surrogate – the mother actually carries and gives birth to the child, and then gives it to other people (usually a married couple who cannot have children for medical reasons) to grow and be his parents.
There are various criteria according to which surrogacy can occur in different types: altruistic or commercial, traditional or gestational, etc. The second division is, in fact, the basic and thus the traditional surrogacy, the surrogate – the mother is actually a biological (and genetic) mother of the child, while in the gestational, the child has no genetic connection with it, that is, it is only a gestational carrier. In fact, precisely because of this in modern legislation that regulates this issue, the term gestational carrier is used, and not a surrogate – mother. But the diversity in comparative law, as well as dilemmas and arguments pro et contra, necessarily opened the issue of human rights in this sphere.
This issue is multidimensional. First, there has always been a history of dilemmas about how a surrogate – mother after birth and handing over the child to other people (his future parents) will feel. Does she not enjoy parental right with the very fact of birth, especially starting from the classical maxim that “the mother is always the woman who gave birth to the child”? It seems that in modern legislation and modern practice this issue is largely a historically overcome problem. Namely, at a time when the traditional surrogate – motherhood was practiced, such questions about her rights were completely justified, because she is the mother who gave birth and whose genetic material is carried by the child.
Today, in countries where it is regulated and / or practiced surrogate – motherhood, only the gestational surrogate – motherhood is dominated and only legally permitted. It is considered that in the absence of any genetic link with the child, the gestation carrier will not have a parental emotional connection with it, especially as it passes through the whole process most often through a series of psychological and legal counseling.