Porte inapte à subir son procès

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

The trial and possible conviction

You are undoubtedly wondering if the accused is ever going to finally be tried and convicted for their crime. The only answer to that question is, “Perhaps.”

It may take many years before the accused becomes fit to stand trial. They may never be able to.

If a person is found unfit to stand trial, the trial may be suspended for many years. However, the CETM must review the person’s mental state every 12 months to decide if anything has changed. After each hearing, the CETM will make one of the following decisions:

  • The accused is fit to stand trial.

  • The accused is unfit to stand trial.

  • The accused will never be fit to stand trial.

Sometimes, after several years, there may no longer be enough evidence to justify a criminal trial. That’s why the criminal court holds a hearing every two years to decide this issue. If the evidence is no longer strong enough, the person will be acquitted — in other words, found not guilty.

Brochure CETM
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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.