INTRODUCTION AND BRIEF DESCRIPTION
Section 340 of the Criminal Code of Canada makes it an indictable offense to destroy, cancel, conceal or obliterate certain types of documents for fraudulent purposes, with a maximum imprisonment term of 10 years.
SECTION WORDING
340 Every one who, for a fraudulent purpose, destroys, cancels, conceals or obliterates (a) a document of title to goods or lands, (b) a valuable security or testamentary instrument, or (c) a judicial or official document, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
EXPLANATION
Section 340 of the Criminal Code of Canada is an act that criminalizes the destruction, cancellation, concealment, or obliteration of certain types of documents for fraudulent purposes. The section outlines three specific categories of documents including documents of title to goods or lands, valuable securities or testamentary instruments, and judicial or official documents. The purpose of section 340 is to discourage people from engaging in activities that could lead to deceit, financial loss, or legal ramifications. A person who intentionally destroys or alters legal documents such as title deeds, stock certificates, or wills can cause significant harm to others, including causing financial loss or interfering with the legal rights of others. This section applies to individuals who act with fraudulent intent and are aware of the consequences of their actions. Fraudulent intent implies that the individual intends to deceive someone or obtain a gain through deceitful means. This could include individuals who destroy documents to cover up fraudulent activities or to avoid legal repercussions. Section 340 classifies the offense of destroying or altering documents as an indictable offense, which is a serious criminal offense that carries a maximum sentence of ten years in prison. This penalty seeks to deter individuals from engaging in such conduct and provides justice to those who have been negatively impacted. Overall, section 340 of the Criminal Code of Canada highlights the importance of protecting legal documents from destruction, concealing, or altering for fraudulent purposes and the severe consequences of such behavior.
COMMENTARY
Section 340 of the Criminal Code of Canada describes the criminal offence of destroying, cancelling, concealing, or obliterating a document for a fraudulent purpose. This section of the Code covers a broad range of legal documents, including documents of title to goods or lands, valuable securities or testamentary instruments, and judicial or official documents. The offence is considered to be an indictable offence, which means that it is a serious criminal offence that can lead to imprisonment. The purpose of Section 340 is to prevent individuals from destroying or altering important legal documents for fraudulent purposes. For example, an individual might destroy a document of title to goods in order to avoid paying a debt, or they might conceal a testamentary instrument in order to prevent a rightful heir from inheriting property. By criminalizing these actions, the law aims to protect the integrity of legal documents and ensure that legal rights are respected. One of the key terms in Section 340 is "fraudulent purpose." This means that the individual must have intended to deceive or defraud another person by destroying, cancelling, concealing, or obliterating a document. This requirement ensures that individuals who unintentionally damage or lose legal documents are not subject to criminal liability. The punishment for violating Section 340 can be significant, with imprisonment for up to 10 years. This punishment reflects the seriousness of the offence and the importance of protecting legal documents. However, the punishment can vary depending on the specific circumstances of the case, such as the nature of the document or the amount of harm caused by the destruction or alteration. Notably, Section 340 also applies to judicial or official documents. This means that individuals who alter court documents or other official records can also be subject to criminal liability. This provision is important in ensuring the integrity of the justice system and preventing individuals from tampering with legal records for personal gain. Overall, Section 340 of the Criminal Code of Canada is an important provision for protecting legal documents and ensuring that individuals do not use fraud to alter or destroy important records. It is a serious offence that carries significant consequences, making it a powerful tool for deterring fraudulent behaviour. As such, individuals should take care to protect legal documents and ensure that they are not in violation of this provision of the Code.
STRATEGY
Section 340 of the Criminal Code of Canada is a serious offence that deals with fraudulently destroying, cancelling, concealing or obliterating a document of title to goods or lands, valuable security or testamentary instrument, or a judicial or official document. It is an indictable offence and is punishable by imprisonment for a maximum of ten years. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Some of these include: 1. Evidence gathering: To establish that an individual has committed the offence under Section 340, there needs to be proof beyond a reasonable doubt that they acted with fraudulent intent. Therefore, gathering sufficient and compelling evidence is crucial in building a strong case against an accused individual. 2. Hiring a criminal defence lawyer: If an individual is facing charges under Section 340 of the Criminal Code of Canada, it is imperative to engage the services of a competent criminal defence lawyer. A good lawyer with extensive experience will not only help to build a strong defence case but will also provide legal guidance and support throughout the entire process. 3. Negotiating a plea deal: If the evidence against an accused individual is strong, their criminal defence lawyer may advise them to negotiate a plea deal. This involves working with the prosecution to reach an agreement that reduces the charges or penalties against the accused individual. 4. Preparing for trial: If a plea deal cannot be reached, the accused individual will need to prepare for trial. This involves working with their defence lawyer to build a solid defence, prepare witnesses, and develop a strategy to counter the prosecution's case. 5. Filing appeals: In the event that an accused is found guilty and receives an unfavorable verdict, they may have the option of filing an appeal. In such cases, working with a competent appellate lawyer helps to navigate the complex legal process involved in challenging a unfavourable judgement. Strategies that could be employed when dealing with charges under Section 340 of the Criminal Code of Canada include: 1. Seeking legal advice: It is essential to engage the services of an experienced criminal defence lawyer as soon as possible when facing charges under Section 340. A good lawyer can provide legal advice and representation, which can be critical in building a strong defence case. 2. Cooperating with law enforcement: When dealing with an investigation, it is critical to cooperate with the law enforcement authorities to avoid escalating the charges or highlighting oneself as uncooperative. 3. Negotiating a plea deal: A plea deal can help to reduce the charges and penalties against the accused individual, which can be an excellent strategy if the evidence against them is strong. 4. Challenging the evidence: The prosecution must establish that the accused individual acted with fraudulent intent beyond a reasonable doubt. A strong defence can challenge the evidence against the accused individual, raising doubts in the prosecution's case to discredit the charges against them. 5. Seeking an acquittal: Acquittal is a legal term that refers to the accused individual being cleared of all charges. A competent criminal defence lawyer can challenge the evidence and arguments brought forward by the prosecution and seek an acquittal for their client. Conclusion Section 340 of the Criminal Code of Canada is a serious offence that requires careful consideration. When dealing with this section, hiring a competent criminal defence lawyer, gathering evidence, negotiating a plea deal, preparing for trial, and filing appeals are some of the strategic considerations that need to be taken into account. Employing these strategies can help to achieve the best possible outcome for the accused individual.