Role of the Criminal and Penal Prosecuting Attorneys with Victims of Crime

The prosecuting attorney is not the victim’s lawyer. They represent the State of Québec.

They must ensure that justice is served while considering your legitimate interests.

The public interest, that of Quebec society, guides their decisions.

The prosecuting attorney also has the duty to take into account your needs, your perspective, and your concerns regarding your participation in the judicial process.

They request the necessary court orders from the judge to facilitate your testimony in court, ensure your safety, and preserve your dignity and privacy.

They answer your questions about the judicial process, your involvement in it, and your testimony in court.

They guide you and your loved ones to appropriate support resources to meet your other needs as a crime victim.

During the sentencing hearing of the accused, they inform the court of the impact the crime has had on you.

Prosecuting attorneys provide even closer support to certain vulnerable victims.

This is particularly the case if:

• You have experienced domestic violence or sexual violence (sexual assault in all its forms, sexual contact, sexual exploitation, etc.);
• You are under 18 years old;
• You are an elderly person who has experienced abuse, that is, neglect or ill‑treatment by someone close to you or another person.

The prosecuting attorney must also pay special attention to you if any of these factors make you vulnerable, cause you to fear for your safety, or prevent you from acting freely:

• The specific circumstances of the crime;
• Your personal characteristics;
• The nature of your relationship with the accused.

This is particularly the case if:

• You have health problems, physical or intellectual disabilities;
• You have a precarious status, for example, you are a newly arrived person in Quebec without permanent residence;
• You are part of a religious sect or live in the environment of a religious sect;
• You live in a small isolated community;
• You are homeless or in extreme poverty;
• You are an Indigenous woman;
• You are subject to a representation or assistance measure as per the Civil Code of Quebec (e.g., guardianship);
• You provide sexual services for remuneration or are subjected to sexual exploitation.

DPCP prosecuting attorneys prioritize requests to initiate prosecutions they receive in cases involving victims of:

• Domestic violence;
• Sexual violence;
• Under 18 years old victims of sexual abuse, physical abuse, or severe neglect.

They emphasize to the judges the need to act as quickly as possible to reduce your stress and anxiety. They oppose any request that appears to be intended to delay judicial proceedings.

During judicial proceedings, the prosecuting attorney ensures that you receive information about:

• Your involvement in the judicial process and opportunities to participate, including the possibility of completing the Victim Impact Statement and claiming compensation for the damages and losses you have suffered;
• The schedule (dates, times, and location), the progress of the case, and its development (upcoming steps and stages), as well as the outcome of judicial proceedings, at different stages of the judicial process: preliminary inquiry, trial, sentencing hearing of the accused, etc.;
• The detention and/or release conditions of the accused and how to report any non‑compliance with these conditions;
• The decision to involve the accused in the Non-Judicial Treatment for certain criminal offences committed by adults, thus avoiding criminal charges;
• Assistance measures to facilitate court testimony and the possibility of benefiting from interpreter services;
• The judge's decision on the possibility of using testimonial assistance measures;
• The measures to ensure your safety and measures to protect your privacy.

The prosecuting attorney also ensures that you are informed about:

• The withdrawal of charges or a stay proceedings;
• The possibility of a plea agreement with the defense, if you are a victim of sexual or domestic violence, to inform you of this possibility and check the impact of the crime on your life;
• The conclusion of a plea agreement, if you have suffered severe abuse, if the crime you suffered is punishable by 5 years or more of imprisonment, or if you requested the prosecuting attorney to be informed about this agreement;
  • If you are a victim of sexual or domestic violence, the prosecuting attorney informs you of the conclusion of the agreement if this agreement changes the information given to you before its conclusion;
• The prosecuting attorney's or the accused's lawyer's decision to appeal the judge's decision at the end of the trial;
• How to file a complaint if you believe you have been treated unfairly by the DPCP or if you feel the DPCP has not respected your rights.

Prosecuting attorneys can rely on the collaboration of the Crime Victims Assistance Center (CAVAC) and the DPCP administrative staff to fulfill these information obligations.

Finally, the DPCP is committed to providing CAVAC with information to:

• Inform you as soon as possible of the name and contact details of the prosecuting attorney handling your case before the court;
• Inform you, throughout the judicial proceedings, of decisions concerning you;
• Inform you, upon the release of your alleged assailant, of the conditions imposed by the court and any modifications thereof.

Information on court hearing postponements

The prosecuting attorney ensures that you are informed of the reasons for which a court hearing for the accused is postponed and the delays caused by this postponement, especially if:

• You have been a victim of sexual or domestic violence;
• You are an elderly person who has been a victim of abuse.

The prosecuting attorney also ensures that such postponements are communicated to:

• The parents, guardian, or custodian of a victim under 18 years old;
• The relatives of a deceased or severely injured victim.

Do you and your loved ones wish to receive support from a victim assistance organization?

The prosecuting attorney will direct you, if needed, to a CAVAC, a health professional, or SOS domestic violence.

Before the court hearing of the accused, the prosecuting attorney meets with you to prepare you.

The prosecuting attorney also holds a special preparatory meeting with victims of sexual violence, domestic violence, and those under 18 who will testify.

For more information about this meeting, consult the Preparation for Testimony section of the page "Preparing to testify and testifying in court if you are the victim ".

You can speak to the prosecuting attorney handling your case if you wish to:

• Ask questions related to your involvement in the judicial process and the proceedings to reassure you in this regard;
• Obtain information about the case concerning you.

Contacting the prosecuting attorney dealing with your case

The prosecuting attorney meets with you before authorizing a prosecution. The prosecuting attorney holds this meeting unless there are exceptional circumstances.

At the time of this first meeting with you, the prosecuting attorney is very familiar with your case. They have reviewed the evidence, including your statement to the police. This preparation facilitates exchanges between the prosecuting attorney and you.

Content and conduct of the meeting

This meeting with the prosecuting attorney aims to inform you, in simple language, particularly about:

• Their role and yours as a victim in the judicial process;
• The course of this process and the upcoming steps;
• The testimonial assistance measures, privacy protection measures, and security protection measures you are entitled to and that the prosecuting attorney can request for you based on your needs.

During the meeting, the prosecuting attorney answers your questions about your involvement in the judicial process and learns about your expectations from the justice system. This way, they ensure you receive accurate information about the objectives of the judicial process.

The prosecuting attorney aims to create a bond of trust and facilitate exchanges with you to reduce your fears about the judicial process. They want to encourage your engagement until the end of the judicial proceedings.

If the prosecuting attorney decides not to prosecute the suspect, the meeting will cover the reasons for their decision.

Accompaniment by a trusted person

A trusted person of your choice (parent, family member, friend, a worker from a victim assistance organization, etc.) can accompany you to the meeting.

If the prosecuting attorney wants to discuss facts related to your case, you will remain alone with them. A police officer could participate in this part of the meeting. You will be able to reunite with the person accompanying you at the end of the meeting.

Would you like a support dog to accompany you during the meeting? Express this need to the prosecuting attorney when they contact you. They will check if they can accommodate your request.

One prosecuting attorney per case

The same prosecuting attorney is responsible for your case, as much as possible, except for weekend and holiday appearances.

The designated prosecuting attorney handles your case from the time charges are filed until the defendant pleads guilty or, if not guilty, until the end of the trial.

This approach is called "vertical prosecution."

It facilitates communication with those involved in your case: police investigator, victim advocates, the defendant's attorney, etc.

If, due to extraordinary circumstances, the DPCP assigns a new prosecuting attorney to your case, you will be notified as soon as possible.

The DPCP will make every effort to avoid any delays that this change may cause.

Sexual violence: trained and experienced prosecuting attorneys

If possible, your case will be handled by a prosecuting attorney with specialized training in sexual violence.

Some prosecuting attorneys specialize in these cases and are used to working with victims. For example, some DPCP offices have teams that specialize in handling sexual violence cases.

Information meeting after charges have been laid

The prosecuting attorney will meet with you as soon as possible after the charges are laid, and in any case before the day of your testimony.

This meeting will allow you to:

• Establish a relationship of trust;
• Encourage your participation in the judicial process;
• Mitigate your concerns about the judicial process;
• Increase your confidence in the administration of justice.

The prosecuting attorney will inform you about the judicial process, your involvement in it, your rights and the measures to facilitate your testimony in court.

The prosecuting attorney make sure that you received all the information about the possibility of:

• terminate your residential lease;
• seeking health or social services for your child without the other parent's consent.

One prosecuting attorney per case

The same prosecuting attorney is responsible for your case, as much as possible, except for weekend and holiday appearances.

The designated prosecuting attorney handles your case from the time charges are filed until the defendant pleads guilty or, if not guilty, until the end of the trial.

This approach is called "vertical prosecution."

It facilitates communication with those involved in your case: police investigator, victim advocates, the defendant's attorney, etc.

If, due to extraordinary circumstances, the DPCP assigns a new prosecuting attorney to your case, you will be notified as soon as possible.

The DPCP will make every effort to avoid any delays that this change may cause.

Trained and experienced prosecuting attorneys

If possible, your case will be handled by a prosecuting attorney with specialized training in domestic violence.

Some prosecuting attorneys specialize in these cases and are used to working with victims. For example, some DPCP offices have teams that specialize in handling sexual violence cases.

As a victim of crime, you have the right to reimbursement of certain expenses when you travel to meet a prosecuting attorney.

Learn more about the expenses reimbursed and the procedure for reimbursement