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حقوق::
حقوق کیفری
Having regard to the Criminal Code
;Considering that title XXV of book IV of the Code of Criminal Procedure which, in the version in force following the enactment of the aforementioned Law of 27 May 2014, is comprised of Articles 706-73 to 706-106, is dedicated to the procedure applicable to organised crime and delinquency; that Article 706-73 specifies the list of crimes and major offences for which the procedure applicable to the inquiry, prosecution, investigation and judgment is subject to the special provisions laid down in title XXV; that subparagraph 8-bis of this Article 706-73, as in force following the enactment of the aforementioned Law of 17 May 2011, specifies the "major offence of conspiracy to defraud by an organised gang provided for under the last subparagraph of Article 313-2 of the Criminal Code"
;Considering that fraud is an offence against property defined under Article 313-1 of the Criminal Code as "the act of deceiving a natural or legal person by the use of a false name or a fictitious capacity, by the abuse of a genuine capacity, or by means of unlawful manoeuvres, thereby to lead such a person, to his prejudice or to the prejudice of a third party, to transfer funds, valuables or any property, to provide a service or to consent to an act incurring or discharging an obligation"; that, even if it is committed by an organised gang, the offence of fraud is not liable to jeopardise the safety, dignity or life of other persons; that in permitting police custody to be ordered in the manner provided for under Article 706-88 of the Code of Criminal Procedure during the course of inquiries or investigations relating to this offence, the legislator permitted an encroachment on individual freedom and the rights of the defence that cannot be regarded as proportionate with the goal pursued; that accordingly, subparagraph 8-bis of Article 706-73 of the Code of Criminal Procedure violates these constitutional requirements and must be ruled unconstitutional
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علوم اجتماعی و جامعه شناسی::
قانون کیفری
Indeed, as VanDuzer explains, the only way for Canada to " regulate" economic espionage is through the establishment of a more enforceable and less porous domestic legal framework which would require amendments to the Criminal Code and
Canada, VanDuzer spends a considerable part of his chapter discussing the " economic" provisions of the CSIS Act and the Criminal Code, and concludes that there is currently significant ambiguity in the Canadian
" Sabotage" is defined in the Criminal Code as any act or omission that: " impairs the efficiency or impedes the working of any vessel, vehi- cle, aircraft, machinery, apparatus or other thing; or causes property, by
" Espionage" is not defined in any Canadian statute but has been understood to take its meaning from the treason provisions of the Criminal Code and section 3 of the Official Secrets Act.
The word "espionage" is not used in the Criminal Code, but section 46(2)(b) provides as follows:
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