PROVINCE OF QUÉBEC STATEMENT OF OFFENCE
Judicial district of
I have reasonable grounds to believe that the defendant has committed the following offence:
(N.B. The minimum sentence is indicated after the description of the offence.)
c Criminal and penal prosecuting attorney, or Signature Date
c Person authorized by the prosecutor
Date of The following
service of OR when served by: c Bailiff c Peace officer
REQUEST FOR SENTENCE
Sentence: + Costs: + Contribution: = Total amount
Grounds for a greater sentence than the minimum sentence:
If a greater sentence than the minimum sentence is requested and if the defendant transmits a plea of guilty but contests the greater sentence requested, he is not required to transmit the whole amount of the fine and costs requested.
p Detach here and p
PLEA OF GUILTY return to the address
Identification OR NOT GUILTY indicated on back.
of the prosecutor (See instructions on back)
To the offence described in statement No. ,I, the undersigned, plead:
c Guilty, but I contest the greater sentence requested;
c No guilty.
Signature of defendant (For legal person, see back) Date Quality
•AC-128A (93-07) If address has changed, indicate new address
When served by mail, the date indicated on the notice of receipt or delivery or the date indicated on the envelope.
STATEMENT OF OFFENCE
Penal proceedings are instituted by means of a statement of offence and commence at the time the statement is served.
TRANSMISSION OF PLEA
You are required to transmit your plea of guilty or not guilty within 30 days following the date on which the statement of offence is served on you by mail, by bailiff, by peace officer or by such other means as may be authorized by a judge.
If the defendant is a legal person, one of its directors or other officers is required to sign. The signatory must indicate his quality.
PLEA OF GUILTY AND PAYMENT
If you plead guilty to the offence alleged, use the detachable portion of the statement of offence to:
· enter your plea, and
· pay the whole amount of the fine, the costs and the contribution.
The amount of the contribution provided for in article 8.1 of the Code of Penal Procedure (chapter C-25.1) is, in a proportion of 10/14, used to provide assistance to victims of crime and, in a proportion of 4/14, credited to the Access to Justice Fund established under the Act respecting the Ministère de la Justice (chapter M-19).
The plea and the payment must be transmitted to the address indicated on the back of the detachable portion.
A defendant who pleads guilty must transmit the whole amount requested. If he fails to do so, an additional amount of costs may be required.
Payment may be made in Canadian funds by cheque or postal order made out to the Minister of Finance. Payment in cash is not recommended.
A defendant who transmits the whole amount of the fine and costs requested without entering a plea is deemed to have transmitted a plea of guilty.
If the defendant has transmitted or is deemed to have transmitted a plea of guilty without indicating his intention to contest the sentence requested, he is deemed to have been convicted of the offence.
PLEA OF NOT GUILTY
If you plead not guilty to the offence or guilty with the intention to contest the greater sentence than the minimum sentence requested, use the detachable portion or the statement of offence to:
· enter your plea, and
· return it to the address indicated on the back.
The defendant will receive from the clerk of the court of competent jurisdiction a notice of the place, date and time fixed to try the proceeding or to hear the contestation of the sentence.
FAILURE TO TRANSMIT A PLEA
A defendant who does not transmit a plea or the whole amount of the fine and costs requested is deemed to have transmitted a plea of not guilty, and the proceeding will be tried and judgment rendered without further notice.
The provide for your defence, you may make, together with your plea of not guilty, the preliminary applications provided for in articles 168 to 186 of the Code of Penal Procedure.
RIGHT TO COUNSEL
You have right to counsel before transmitting a plea or making a preliminary application.
| Information |
Return mailing address for
plea and any payment