INTRODUCTION AND BRIEF DESCRIPTION
Accepting valuable consideration for helping someone recover something obtained through an indictable offence is a punishable offence.
SECTION WORDING
142 Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 142 of the Criminal Code of Canada criminalizes the act of accepting valuable consideration in exchange for helping someone recover something that was obtained through an indictable offence. To put it simply, if someone breaks the law and obtains something illegally, and another person receives some sort of benefit for helping them get it back, both individuals are committing a crime. The language of the section makes it clear that the acceptance of valuable consideration can happen directly or indirectly, meaning that it may not always be a straightforward exchange of money or goods. Moreover, the section uses the word "corruptly" to describe the acceptance of consideration, which denotes a certain level of dishonesty or immorality. The purpose of this section of the Criminal Code is to discourage individuals from profiting from or otherwise benefiting from criminal activity. By making it a crime to accept something of value in exchange for helping someone recover something obtained via an indictable offence, the law seeks to prevent the spread of criminal behavior and to ensure that those responsible for breaking the law are held accountable. Those found guilty of violating Section 142 can face imprisonment for up to five years. This illustrates just how seriously the Canadian legal system views the act of profiting from criminal activity, and serves as a reminder that crime in any form is unacceptable and will not be tolerated.
COMMENTARY
Section 142 of the Criminal Code of Canada is an essential provision under the law, as it seeks to prevent corrupt practices in the justice system. The section tackles the punishable offence of corruption in the recovery of proceeds obtained through criminal acts, such as fraud, bribery, and theft. The provision of this section is divided into two parts. The first part stipulates that any person who accepts any valuable consideration (directly or indirectly) under the pretext of helping another person recover anything obtained by an indictable offence is guilty of an indictable offence. The second part of the section states that such an individual is liable to imprisonment for a period not exceeding five years. The significance of this provision cannot be overemphasized in light of the many cases of individuals who engage in illicit activities to receive compensation for their services. Some people accept bribes or engage in other unscrupulous behaviours to assist anyone who has committed a crime to recover their proceeds. Such activities undermine the justice system, leading to public mistrust and a lack of confidence in the institution. The punishment for the offence of corruption under section 142 is appropriate since it seeks to deter individuals from engaging in such a crime. The potential imprisonment of five years is a long time for anyone, and this penalty sends a clear message that such conduct is not acceptable in society. Moreover, given that the offence carries an indictable offence, the accused may face more severe legal consequences. The courts have applied this provision in different scenarios that involved corruption in the justice system, and the offenders have been brought to book. In one such case, R v Ismail, the accused, a lawyer, received compensation from a client who had committed fraud to help him recover the proceeds obtained through the illegal act. The court found him guilty under section 142, and he was sentenced to three years in prison. The provision in section 142 of the Criminal Code of Canada is not only applicable in cases where the accused is a lawyer, but also applies in any scenario where an individual engages in corrupt practices to recover proceeds obtained through an illegal act. In the case where a person accepts compensation under the pretext of assisting another person in recovering loot obtained through a criminal offence, they are liable to harsh punishment under this section of the law. In conclusion, section 142 of the Criminal Code of Canada is an essential provision that seeks to deter individuals from engaging in corrupt practices in the recovery of proceeds obtained through criminal acts. The punishment for the crime is appropriate, given the severity of the offence. The law has adequately addressed the cases of corruption in the justice system, and the courts have used this provision to convict offenders. Ensuring that individuals who engage in unscrupulous behaviour in the recovery of proceeds obtained through crime face severe legal consequences is crucial in promoting trust and confidence in the justice system.
STRATEGY
Section 142 of the Criminal Code of Canada is a provision that criminalizes the act of corruptly accepting valuable consideration in exchange for assisting someone to recover something that was obtained through the commission of an indictable offense. This provision is intended to deter individuals from using illegal means to recover stolen property and to prevent people from profiting from criminal activities. When dealing with Section 142, there are several strategic considerations that need to be taken into account. First, it is important to understand what constitutes valuable consideration under this section. Valuable consideration may include money, property, gifts, or any other benefit that has a monetary value. Accepting valuable consideration with the intention of helping someone recover stolen property is a serious offense and carries a penalty of up to five years imprisonment. One of the main strategies that can be employed when dealing with Section 142 is to establish a clear understanding of what is considered as valuable consideration. For instance, it is imperative to educate employees or service providers, especially those working in the security sector, on what constitutes valuable consideration. This will help prevent the acceptance of bribes or other incentives that could compromise the integrity of the organization and also assist in identifying potential violations of the Criminal Code. Another effective strategy when dealing with this section is to establish clear policies and procedures that outline how employees are to report suspected violations of Section 142. This allows for quick response and remedy in the event of a potential violation, reducing any potential harm that may be caused by the activities of an employee or service provider. Another strategy that could be employed to effectively deal with this section is to conduct regular training and education for employees on ethical conduct and principles. This will help to reinforce their understanding of the importance of acting ethically and help to promote a culture of honesty, transparency, and integrity within the organization or service provider. It is also important to note that the penalties for violating Section 142 can be severe, and it is imperative for businesses and individuals to take steps to avoid engaging in the behaviors prohibited under this provision of the Criminal Code. Working with legal counsel can help ensure that the organization and its employees are fully aware of their obligations under the Criminal Code and can take steps to avoid potential violations. In conclusion, Section 142 of the Criminal Code of Canada is a provision that seeks to promote ethical conduct and deter individuals and businesses from using illegal means to recover stolen property. By adopting strategies such as education and training, establishing clear policies and procedures, and working closely with legal counsel, individuals and organizations can ensure compliance with the law, promote ethical conduct, and protect the integrity of their business operations.