Analysis of the investigation report by a prosecutor and laying of charges

If the police investigation has led to the identification of a suspect and if enough evidence against the suspect has been found, the police transfer the file to a criminal and penal prosecuting attorney.

A criminal and penal prosecuting attorney (also known as a prosecutor, Crown prosecutor or Crown attorney) is a lawyer working for the Director of Criminal and Penal Prosecutions (Directeur des poursuites criminelles et pénales, or DPCP).

The prosecutor decides, in each case received from the police, whether or not charges will be laid on behalf of the Québec state.

If you want to check whether a prosecutor is processing a case in which you are the victim, you should contact the police investigator assigned to the case, or the police station where you made your statement, and provide the file number.

If the police tell you that the prosecutor is processing the case, you should contact the prosecutor for more information.

The prosecutor analyzes each case transferred by the police to decide whether or not criminal charges will be laid against the suspect, and authorizes the prosecution.

The prosecutor gives priority to certain types of cases (in French only) .

The prosecutor takes several elements into account when deciding whether to lay charges against a suspect.

These elements are listed in the “Assessment of the investigation report by the prosecuting attorney” section on the page The judicial process in criminal cases.

If you are a victim of sexual or domestic violence, or if you are under the age of 18, the prosecutor meet you before or after laying charges in your case.

To understand how the meeting will proceed, you can view the following sections on the page Prosecutors’ duties with respect to victims:

• Victims of sexual violence and under the age of 18 (in French only) 
• Victims of domestic violence (in French only) 

Who prosecutes the accused?

If the prosecutor lays criminal charges, it is not up to you or your lawyer to prosecute the accused. This will be done by the prosecutor, on behalf of the Québec state.

Prosecutors are lawyers who work for the DPCP, a public body. You do not have to pay their fees.

Prosecutors do not act as your lawyers. They represent the state and act in the interests of Québec society.  Nevertheless, they must take your legitimate interests and concerns into account.

Prosecutors’ duties with respect to victims (in French only)

Whether or not to hire a lawyer to represent you

As the victim of a crime, you do not need to be represented by a lawyer if charges have been laid against the suspect.

You can hire a lawyer if you need advice from a person who is not directly involved in the case. However, if you have questions about the court process or the case itself, the prosecutor will be able to provide some answers.

The service Rebâtir (in French only)  offers 4 hours of free legal advice for the victims of sexual or domestic violence, through the 1‑833‑REBÂTIR helpline (1-833-732-2847).

Duration of court proceedings

The duration of the court proceedings once charges have been laid can vary greatly from one case to the next, depending for example on the crime committed.

After analyzing the investigation report, the prosecutor may decide not to lay charges against the suspect.

The prosecutor must provide the reasons for not laying charges to

• the victim, in a case of sexual assault or any other crime of a sexual nature;
• the parent or tutor of a victim who is a minor (under the age of 18);
• the close relatives of a victim who died or was seriously injured as a result of the crime.

The prosecutor will explain the reasons for the decision at a meeting, and make sure that the person called to the meeting understands the explanation given for not laying charges.

However, the prosecutor will not explain the reasons to a parent, tutor or close relative who was named as a suspect in the investigation record.

If justified in the circumstances, the prosecutor will meet with a vulnerable victim (in French only)  to explain why charges were not laid.

You can contact the prosecutor assigned to your case to discover the reasons for the decision not to lay charges.

As the victim, you can express your disagreement with the prosecutor’s decision not to authorize prosecution. The DPCP declaration of services (in French only)  explains the process for doing so.

“If no charges were laid, it must be because they didn’t believe me” 

The police officers and the prosecutor may believe what you say in your statement, even if the suspect is not charged with a crime.

When a prosecutor refuses to lay charges, it is not necessarily because he or she believes the suspect’s version of the story, or thinks the suspect is right.

There can be several situations in which the prosecutor decides not to lay charges, while still believing what you say.

For example, the prosecutor will not lay charges if there is not enough evidence to prove that the suspect is guilty.

After the prosecutor has authorized a prosecution, what happens if you no longer wish to participate in the court process? Can you ask for the proceedings to be stayed or for the charges to be withdrawn?

You should discuss the situation with the prosecutor assigned to your case, who will make the decision on whether or not to maintain the charges against the suspect. The prosecutor will take your concerns into account, but also has a mission to protect society.

If the police have gathered enough evidence against the suspect, not counting your testimony, the prosecutor will probably decide to continue with the case, but may call for a more lenient sentence or withdraw some of the charges.

Stay of proceedings in a situation of domestic violence

If the suspect is facing charges resulting from domestic violence, the prosecutor will want to know whether you have been pressured to withdraw your complaint. Anybody who has put pressure on you in this way may be charged with obstructing the course of justice.