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Restitution Orders 라는 게 있습니다.
금전적으로 손해 본 피해자에게 가해자가 변상해주라는 법원의 명령!
여러 해 전에 김치맨네 편의점가게에 들어온 도둑이 잡혀 재판 받았고
그 녀석이 훔쳐간 상품 가치를 배상받았던 적 있습니다.
그 성범죄자 김상훈 관련 기사에 의하면...
피해자 L씨는 그 녀석의 협박에 의해 '수백만원을 빼앗겼다' 했는데...
그 돈을 되돌려 받을 가능성이 있습니다.
What is a restitution order?
A restitution order requires the offender to pay the victim for financial losses the victim suffered because of the offender’s crime. Restitution can only be ordered for losses up to the time the offender is sentenced. It is part of an offender’s sentence and can be a stand-alone order or part of a probation order or conditional sentence.
A Victim’s Right!
The Canadian Victims Bill of Rights came into force on July 23, 2015. This Act gives every victim the right to have a court consider making a restitution order when deciding the offender’s sentence. If the offender doesn’t pay the restitution order, a victim also has the right to register the restitution order with a civil court and seek to enforce it as a judgment through that court......
https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/restitution-dedommage.html
전체 댓글
캐나다뉴서울by김치맨 ( canadanewseo**@gmail.com )
Dec, 23, 01:58 PMRestitution to victims of offences
738 (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:
(a) in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable;
(b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable;
(c) in the case of bodily harm or threat of bodily harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;
(d) in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable; and
(e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.
https://laws-lois.justice.gc.ca/eng/acts/c-46/section-738.html