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Criminal sentencing in Canada
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Criminal sentencing in Canada : ウィキペディア英語版
Criminal sentencing in Canada

In Canada, the criminal law is governed by the Criminal Code, a federal statute. The Criminal Code includes the principles and powers in relation to criminal sentences.
A judge sentences a person after they have been found guilty of a crime. After a determination is made about the facts being relied on for sentencing, and hearing from both the Crown and the defence about what the appropriate sentence should be, the judge must pick from a number of different sentencing options found in the ''Criminal Code of Canada'', based on a number of factors. Some offences have a minimum sentence, and there may also be a maximum sentence depending on the nature of the offence.
The maximum determinate sentence is a life sentence with a 25-year parole ineligibility period. For offences committed prior to December 2, 2011 all life sentences and related parole ineligibility periods are served concurrently (at the same time). In cases of multiple murder, where the offence occurred after December 2, 2011 (the date new legislation came into force), a court may, after considering any jury recommendation, order consecutive parole ineligibility periods for each murder. There are also options for an indeterminate sentence. There is no death penalty in Canada.
==Sentencing hearing==
When a person is found guilty of a crime, a finding has been made that all essential elements of the offence have been met (either by admission through a guilty plea or after the elements have been proven beyond a reasonable doubt in a trial). However, there may be facts that did not have to be determined for the defendant's guilt to be decided (i.e. severity of a victim's injuries, motivation for the crime, etc.). If the guilty verdict was determined by a jury, the judge may have to determine what facts the jury relied on to reach their verdict (since jury deliberations are confidential in Canada〔(''Criminal Code'', RSC 1985, c C-46, s 649. )〕).
When the additional facts are in dispute, the party relying on the fact has the burden to prove it. The general standard of proof at a sentencing hearing is a "balance of probabilities". If the Crown, however, is relying on an aggravating fact or a prior conviction, the burden of proof is "beyond a reasonable doubt".〔(''Criminal Code'', RSC 1985, c C-46, ss 720 to 729.1 (Sentencing - Procedure and Evidence). )〕
There are a number of exceptions to the normal rules of evidence. For example, the judge may permit hearsay evidence. A probation officer can interview the defendant and other people associated with the defendant and file a report. A victim impact statement may be filed with the court (with the option of having it read out by the victim). The defendant is also given an opportunity to personally speak to the court.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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