Porte inapte à subir son procès

I was the victim of a person found unfit to stand trial

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A person is found unfit to stand trial if they are unable to conduct their own defense because of a mental disorder.

As a result of this mental disorder, they would not be able to:
  • understand what is happening during the trial
  • understand the possible consequences of the charges brought against them
  • communicate with their lawyer.

1.

Dealing with the CETM

The CETM is not like other tribunals. It is a specialized tribunal with unique responsibilities within the judicial system.

2.

Your status as victim

You must obtain victim status before you can exercise your rights before the CETM.

3.

Your rights as a victim

As a victim of crime, you have rights. You must, however, inform the CETM if you wish to exercise them.

4.

Being a party

A victim may attend a hearing, but may not play an active role. Exception: when a victim wishes to defend the interests of the accused.

5.

Possible decisions

CETM judges are required to evaluate the mental state of the accused and determine whether or not they are fit to stand trial.

6.

Possible conditions

Whether the accused is released or detained, they may have certain conditions to respect.

7.

Trial and conviction

You may be wondering if the accused will ever be tried and convicted. The answer is: “Perhaps.”

8.

Attending a hearing

You have the right to attend the hearing. If you’re summoned, you must attend.

9.

Filing a complaint

If you were not satisfied with how you were treated by the CETM or a judge, you can file a complaint.

10.

Resources

You can get support and answers from available resources. 

Brochure CETM
Do you work with victims and those close to them?
You can download our brochure free of charge.

 

This information tool is for anyone who has been the victim of a crime committed by a person found unfit to stand trial or not criminally responsible due to a mental disorder, and who is involved with the CETM.

Designated hospital

A designated hospital is the place where people found unfit to stand trial or not criminally responsible are:

  • detained
  • treated
  • evaluated

There are more than 40 designated hospitals in Quebec, with varying levels of security.

Party / Parties

Being party to a hearing means participating actively in the proceedings. Parties are allowed to present evidence and plead their case.

Prosecuting attorney

The prosecuting attorney is the lawyer who represents the DPCP or the municipal court.