INTRODUCTION AND BRIEF DESCRIPTION
Section 363 of the Criminal Code of Canada criminalizes inducing someone, by false pretence, to make or deal with a valuable security.
SECTION WORDING
363 Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 363 of the Criminal Code of Canada aims to prevent fraudulent activities by making it illegal to use false pretences to deceive others for personal gain. The section outlines two specific actions that constitute fraud: causing someone to execute, make, accept, endorse, or destroy a valuable security or causing someone to write, impress, or affix a name or seal on any paper or parchment that may later be used as a valuable security. This section is designed to protect people from fraudsters who deceive others into signing or endorsing something, either by persuading them to use false information or by withholding relevant details. The term valuable security" includes various types of financial documents such as bonds, stocks, and bank notes. Anyone found guilty of committing fraud under this section can face imprisonment for up to five years. The severity of the punishment reflects the seriousness of the crime, which not only causes direct harm to the victim, but undermines the overall integrity of financial systems and institutions. In addition, section 363 reinforces the importance of honesty and transparency in financial transactions, promoting trust and confidence in the economy. It serves as a powerful deterrent against fraudulent activity and helps to maintain a level playing field for all parties involved in financial dealings.
COMMENTARY
Section 363 of the Criminal Code of Canada is a provision that aims to prevent fraud and injury caused by false pretence. This section of the law relates to cases where a person intentionally causes, induces, or persuades someone else to carry out an action with the intention of defrauding or injuring that person. This provision is particularly relevant in cases where a person is induced to make or accept a valuable security, or to write, impress or affix a name or seal on a document to be used for fraudulent purposes. The first element of the offence outlined in Section 363 is the requirement of intent. This provision covers only cases where a person knowingly and intentionally causes another person to act in a particular way. The intent must be to defraud or injure another person. This means that the offender must have had a dishonest intent in order to be found guilty of the offence. The second element of the offence is that the false pretence must have caused or induced another person to take action. This can take the form of a variety of actions, such as executing a valuable security or writing on a document. The key element is that the person was induced to take action by the false pretence. This means that the offender must have made a false representation or promise that influenced the actions of the victim. The third element of the offence is that the action taken by the victim must relate to a valuable security or a document that could be used as a valuable security. Valuable securities include things like stocks, bonds, and other financial instruments that hold value. This provision also includes cases where a document is manipulated or altered in some way to make it appear to be a valuable security. The maximum penalty for an offence under Section 363 is five years imprisonment. This reflects the seriousness of the offence, as well as the potential for significant harm to the victim. In cases where the offender has caused substantial financial harm to the victim, the court may impose a longer period of imprisonment. Overall, Section 363 of the Criminal Code of Canada is an important provision that aims to protect individuals and organizations from fraudulent schemes. The requirement of intent ensures that only those who intentionally engage in dishonest conduct will be found guilty of the offence. This provision serves as a deterrent for individuals who may be tempted to engage in fraudulent activity and reinforces the importance of upholding ethical standards in business and financial transactions.
STRATEGY
There are several strategic considerations when dealing with Section 363 of the Criminal Code of Canada. This section criminalizes the act of inducing someone to make or endorse a valuable security or affix a name or seal on any paper or parchment with the intent to defraud or injure another person. The first strategic consideration is the definition of a valuable security." This term includes checks, promissory notes, bonds, shares, and other similar financial instruments. As such, any act that induces someone to make or endorse such instruments with the intent to defraud or injure another person is illegal. The second strategic consideration is the requirement of intent. To be charged under this section, the prosecution must prove that the accused had the specific intent to defraud or injure another person. This means that the accused must have known that the false pretense would cause harm to someone else. The third strategic consideration is the element of inducement. The prosecution must prove that the accused induced someone to commit the act that led to the false pretense. This means that the accused must have actively persuaded or influenced someone to make or endorse a valuable security. Given these strategic considerations, there are several strategies that could be employed when dealing with Section 363 of the Criminal Code of Canada. One strategy would be to challenge the prosecution's evidence of intent. This could involve arguing that the accused did not have the necessary knowledge or awareness of the consequences of their actions. The defense could also argue that the accused did not intend to defraud or injure anyone, but instead was acting in good faith. Another strategy would be to challenge the element of inducement. This could involve arguing that the accused did not actively persuade or influence someone to make or endorse a valuable security. Instead, the defense could argue that the accused simply provided information or advice, and it was the other person's decision to act on it. A third strategy would be to negotiate a plea bargain with the prosecution. This could involve admitting to the offense in exchange for a reduced sentence. In some cases, the prosecution may be willing to drop the charges altogether if the accused cooperates with the investigation or provides useful information. In conclusion, Section 363 of the Criminal Code of Canada is a serious offense that carries significant penalties. Strategic considerations when dealing with this section include the definition of a valuable security, the requirement of intent, and the element of inducement. Strategies that could be employed include challenging the prosecution's evidence, negotiating a plea bargain, or arguing that the accused was acting in good faith.