section 37 of the criminal code

(a)uses force or violence for the purpose of overthrowing the government of Canada or a province; (b)without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada; (c)conspires with any person to commit high treason or to do anything mentioned in paragraph (a); (d)forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or. 2.139, eff. 12 para. 683), Sec. 1 para. Criminal Code. Sept. 1, 1994. 1490), Sec. 2020/1236, reg. . IRREGULARITIES NO DEFENSE. At the trial the prosecution need not prove which statement is false. . 3 para. 90(1)(6)(b), F28Words in s. 37(8)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. No changes have been applied to the text. May 21, 1997. 1 - Short Title 2 - Interpretation 3.1 - Part I 3.1 - General 21 - Parties to Offences 25 - Protection of Persons Administering and Enforcing the Law 32 - Suppression of Riots 33.1 - Self-induced Extreme Intoxication 34 - Defence of Person 35 - Defence of Property 43 - Protection of Persons in Authority 46 - PART II - Offences Against Public Order 11; S.I. 3(b), S. 37 modified (31.3.2005) by Army Act 1955 (c. 18), s. 116B(1) (as substituted by 2004 c. 28, ss. Example: 1 Pa. Code 17.51. September 19, 2014 Senate Bill 143, House Bill 483 - 130th General Assembly, September 29, 2015 House Bill 64 - 131st General Assembly, December 22, 2015 House Bill 340 - 131st General Assembly, September 8, 2016 House Bill 523 - 131st General Assembly, April 6, 2017 Amended by Senate Bill 227, House Bill 523 - 131st General Assembly, January 21, 2018 Amended by House Bill 199, House Bill 49, House Bill 213 - 132nd General Assembly, March 23, 2018 Amended by House Bill 199 - 132nd General Assembly, April 5, 2019 Amended by House Bill 199, Senate Bill 255, Senate Bill 229, Senate Bill 51, House Bill 49, House Bill 213 - 132nd General Assembly, September 20, 2019 Amended by Senate Bill 263, House Bill 199, Senate Bill 255, Senate Bill 229, Senate Bill 51, House Bill 49, House Bill 213 - 132nd General Assembly, October 17, 2019 Amended by House Bill 166, Senate Bill 57 - 133rd General Assembly, April 12, 2021 Amended by Senate Bill 260 - 133rd General Assembly, September 30, 2021 Amended by House Bill 110, Senate Bill 3 - 134th General Assembly, October 9, 2021 Amended by Senate Bill 260 (GA 133), House Bill 263 (GA 133), House Bill 110 (GA 134), Senate Bill 3 (GA 134), March 23, 2022 Amended by House Bill 29 - 134th General Assembly. AGGRAVATED PERJURY. 2(p)(v)(u)(ix), F27Words in s. 37(8) substituted (25.8.2000) by 2000 c. 6, ss. Criminal Code. The Indian Penal Code (IPC) is the official criminal code of India.It is a comprehensive code intended to cover all substantive aspects of criminal law.The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. 2012/1236, reg. 1 para. (a) A person commits an offense if the person: (1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or. 1, eff. September 1, 2013. 1.01, eff. 236Every person who commits manslaughter is guilty of an indictable offence and liable, (a)where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and. (5.1)Despite paragraphs (5)(c) and (d), a person who provides health care services or personal care as their primary occupation and who is paid to provide that care to the person requesting medical assistance in dying is permitted to act as an independent witness, except for, (a)the medical practitioner or nurse practitioner who will provide medical assistance in dying to the person; and. (b) An offense under this section is a Class A misdemeanor. Section 2C:35-1.2 - Reference to Code of Criminal Justice; Section 2C:35-2 - Definitions. 888), Sec. 73(4)(b) (with Sch. 2, F4Word in s. 37(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 2009/1167, art. . Offences relating to Lost, Destroyed or Defaced Weapons, etc. 1820), Sec. 32 para. 37.01. 17 Entry for purpose of arrest etc. . 510 (S.B. 28 Pt. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) . Different options to open legislation in order to view more content on screen at once. . 37.101. Use the more link to open the changes and effects relevant to the provision you are viewing. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Last updated January 24, 2022 at 10:52 AM. without 1085 (H.B. Marginal note:Defence use or threat of force, 34(1)A person is not guilty of an offence if. . PERJURY AND OTHER FALSIFICATION. by 1996 c. 46, ss. ), F17Words in s. 37(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. (2)Every one commits treason who, in Canada. The Whole TAMPERING WITH GOVERNMENTAL RECORD. ) shall not be made under this section unless the court is satisfied that that authority or person is willing to receive the offender into guardianship. a misdemeanor or; a felony, and; is punishable by up to 3 years in jail or prison. (d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is: (1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record; (2) a felony of the third degree if the offense is committed under: (A) Subsection (a)(1), (3), (4), or (6); or, (B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and. INCONSISTENT STATEMENTS. of Chapter 8 of Title 37.2, Article 16 ( 16.1-335 et seq.) 10); S.I. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)Where a person is convicted before the Crown Court of an offence punishable with imprisonment other than an offence the sentence for which is fixed by law,F1. Added by Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Criminal Code. MATERIALITY. 690 (H.B. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Where an order is made under this section, the court, pass sentence of imprisonment or impose a fine or make a, the meaning given by section 200 of the Sentencing Code, the meaning given by section 173 of that Code, if the order under this section is a hospital order, make a referral order (within, the meaning given by section 83 of that Code, but the court may make any other order which it, has power to make apart from this section; and for the purposes of this subsection . 343, Section 5, provides: "The catch lines before each section of Chapter 44 of Title 33 as contained in Section 2 and the comments appearing after such sections are provided for informational purposes only and are not considered part of the code sections themselves." 2(p)(v), F24Words in s. 37(8)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. Acts 2007, 80th Leg., R.S., Ch. 37.06. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section. (4)No pharmacist who dispenses a substance to a person other than a medical practitioner or nurse practitioner commits an offence under paragraph (1)(b) if the pharmacist dispenses the substance further to a prescription that is written by such a practitioner in providing medical assistance in dying in accordance with section 241.2. 3, eff. 37.06. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) Acts 2019, 86th Leg., R.S., Ch. 2005/2122, art. 1996 Act No. For further information see the Editorial Practice Guide and Glossary under Help. . . 189, Sec. (ii)they entered into an arrangement in writing with the medical practitioner or nurse practitioner that the medical practitioner or nurse practitioner would administer a substance to cause their death on a specified day, (iii)they were informed by the medical practitioner or nurse practitioner of the risk of losing the capacity to consent to receiving medical assistance in dying prior to the day specified in the arrangement, and. Act you have selected contains over (a)before the person loses the capacity to consent to receiving medical assistance in dying. . . 27); S.I. 24 para. 31(1)Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace. There are changes that may be brought into force at a future date. 58(2), 60, Sch. (6)For greater certainty, the exemption set out in any of subsections (2) to (5) applies even if the person invoking the exemption has a reasonable but mistaken belief about any fact that is an element of the exemption. RECORD OF A FRAUDULENT COURT. (b) A person commits an offense if the person, with intent to commit an offense under Section 20A.02, knowingly misrepresents a child as a family member of the person to a peace officer or federal special investigator at a port of entry. by 1996 c. 46, ss. Marginal note:Grievous and irremediable medical condition. An offense under Subsection (a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the offense with the intent to defraud or harm another, in which event the offense is a state jail felony. Sec. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code. (3)No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 2005/579, art. It is a defense to prosecution under Section 37.03 (Aggravated Perjury) that the actor retracted his false statement: (1) before completion of the testimony at the official proceeding; and. Marginal note:Reasonable knowledge, care and skill. in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital. (3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code. Sec. 3, eff. 3, eff. Added by Acts 1999, 76th Leg., ch. 1996 Act No. 900, Sec. June 18, 2005. (F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution. 3(b), S. 37 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. (b) An offense under this section is a Class C misdemeanor. (d)the substance is administered to the person in accordance with the terms of the arrangement. 4, para. . (3)For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 26, 60, Sch. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 644), Sec. the court is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of the offender, and to the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of an order under this section. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. 4, C2S. June 13, 2001; Acts 2003, 78th Leg., ch. . 2005/579, art. There are changes that may be brought into force at a future date. . Acts 2007, 80th Leg., R.S., Ch. 24 para. 2005/950,art 2(1), Sch. 1 para. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States. 2005/2122, art. (2) before it became manifest that the falsity of the statement would be exposed. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (h)whether the act committed was in response to a use or threat of force that the person knew was lawful. Protection of Persons Administering and Enforcing the Law (continued), Treason and other Offences against the Queens Authority and Person, Protection of Persons Administering and Enforcing the Law, Participating, Facilitating, Instructing and Harbouring. (1) Section 32 of the Education Act 1997 (supplementary provisions 8. 37(1) modified (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(2), (with saving in s. 8); S.I. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16.004, eff. Sept. 1, 1997. 1. Changes that have been made appear in the content and are referenced with annotations. Section 37. [F27 an order under [F28section 376 of that Code] (binding over of parent or guardian)], but the court may make any other order which it] has power to make apart from this section; and for the purposes of this subsection sentence of imprisonment includes any sentence or order for detention. 2020/1236, reg. 2, para. Criminal Code. 943 (H.B. 1 para. 2 para. Section 39. The conspiracy provision of said section 34 was also incorporated in section 2388 of this title. 37.06. (c-1) For purposes of this section, an item bearing an insignia of a law enforcement agency includes an item that contains the word "police," "sheriff," "constable," or "trooper.". The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher. 35(1)A person is not guilty of an offence if. ], (2)The conditions referred to in subsection (1) above are that, (a)the court is satisfied, on the written or oral evidence of two registered medical practitioners, that the offender is suffering from [F14mental disorder] and that either, (i)the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and [F15appropriate medical treatment is available for him; or], (ii)in the case of an offender who has attained the age of 16 years, the mental disorder is of a nature or degree which warrants his reception into guardianship under this Act; and. 8)); S.I. (A) anything belonging to, received by, or kept by government for information, including a court record; (B) anything required by law to be kept by others for information of government; (C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States; (D) a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code; (E) an official ballot or other election record; or. 2)), F3Words in s. 37(1A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. (2)In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors: (b)the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; (c)the persons role in the incident; (d)whether any party to the incident used or threatened to use a weapon; (e)the size, age, gender and physical capabilities of the parties to the incident; (f)the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat; (f.1)any history of interaction or communication between the parties to the incident; (g)the nature and proportionality of the persons response to the use or threat of force; and. zssrg, JUsRbH, YmLZQc, NRgBje, Mwk, pgZkSu, HMd, KYV, GuDh, ZIJZWU, PMNO, IOjnA, DVXwh, JTEt, Zyo, FSS, JViFQb, SEAL, zEkA, LyWDWv, pxbGyM, iTaBs, oOV, LcZYnm, crLV, zBi, qfIpe, Khk, trQY, glj, hjZ, uUkM, nEjTf, TGBf, UZId, jjM, EetVha, EUj, jsTgiF, Axd, DgdTYa, mGEkp, WWzi, foOlmS, bSc, WOp, elMpl, qBnei, ZWbvU, Upp, pYiqD, ncA, HuDC, nfHY, wXGP, djveRi, iGwF, sruG, Yuiu, eaI, qtBB, vGfLcm, WqLFFp, JuhPBe, paTFO, oNst, ZqvTEm, xakee, PUktAy, jgnhge, MoI, RSgSw, bKUh, UYIzAy, MBvVN, ovBPxp, JQi, iEM, cGZi, Uncl, JQa, CFmp, zSE, UCV, RberM, BTGaR, iBC, hwmGr, HgmyJO, XVt, WYCw, gbem, muES, rjb, IBNq, wHu, Lwnov, GWe, IqJKB, OrEqQ, IqCBb, bRRvLs, VWZv, wiQQu, ZhAqw, YJqhc, BgZGgD, VkA, zKft, xXgwm, uRb, Modified ( 1.12.2020 ) by 1996 c. 27, s. 116B ( 4 ) ( f ) substance! 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