Time Limits Suspended for Penal Proceedings


Suspension of time limits for civil and penal proceedings will be lifted on September 1, 2020

On September 1, 2020, the time limits suspended by orders 2020-4251 and 2020-009 for things such as bringing a suit or filing a civil or penal proceeding will begin to run again for the time remaining, subject to an additional period of 45 days which will be added to the time limits determined in the case protocol for civil matters in effect on March 15, 2020. All time limits in the protocol, including time limits for trial readiness and filing an application for setting down for trial and judgment, will automatically be extended by 7 months (5-and-a-half-month suspension + 45 days). No action is required to benefit from this extension.

The following measures are currently in effect and will end on August 31, 2020. See the press release.

Time limits suspended for penal proceedings

Except for cases deemed urgent by the courts, the following time limits set out in the Code of Penal Procedure (chapter C  25.1) are suspended during this period:

  • to retain the thing seized or the proceeds of the sale thereof and to obtain an extension of the retention period (articles 132 and 133);
  • to transmit a plea of guilty or not guilty after service of a statement of offence (article 160);
  • to file an application for revocation of a judgment rendered by default (article 252);
  • to bring an appeal before the Superior Court (article 271);
  • to file a written appearance in the Superior Court (article 274);
  • to apply for an appeal by way of a new hearing (article 282);
  • to apply for leave to appeal before the Court of Appeal (article 296);
  • to file a written appearance in the Court of Appeal (article 303);
  • to file a factum at the office of the Court of Appeal together with proof of its service (articles 304 and 305);
  • to pay a sum due to the collector (article 322);
  • to carry out compensatory work (article 338).

The time limits to retain the thing seized or the proceeds of the sale thereof and to obtain an extension of the retention period provided under sections 40.4 and 40.7 of the Tax Administration Act (chapter A-6.002) are also suspended during this period.

Notwithstanding articles 96 and 103 of the Code of Penal Procedure, any search may be authorized by a telewarrant.

     

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