Université de Montréal - Thèse sous forme numérique

Graphicalrepresentation of therelationsuspect (A)arguido (B)61he or she is given a relevant status in the case, a suspect does not have thesesame rights and duties or the same status in the case. For all these reasons,term A and term B denote concepts that intersect each other in theiressentialia but that diverge completely in their accidentalia.Table 5. Partial equivalence by intersectionTermsMeaningRegarding the term ―suspect‖, many of the cases that have interpreted and applied s. 56(2)[of the Young Offenders Act, R.S.C. 1985, c. Y-1] and s. 146(2) [of the Youth CriminalJustice Act, S.C. 2002, c. 1] have used that word to refer to a youth in the context of whetherthe police had reasonable grounds for believing that the youth had committed an offence.[…] for example, a person can be called a suspect if a police officer has a hunch or intuitionthat he is involved in something illegal even if there is no proof at all, it can apply tosomeone who the police have reasonable grounds to detain for investigative purposes, itcan apply to someone who the police have reasonable grounds to believe has committedan offence and to someone who is actually being detained—its use does not indicatewhich standard is being applied. […] R. v. S. (C.L.) (2011), [2011] M.J. No. 14, 2011CarswellMan 14, 2011 MBQB 21 (Man. Q.B.) at para. 112 Beard J.Article 57, No 1 of the Code of Penal Procedure establishes that arguido is a person who isbeing accused or prosecuted in criminal proceedings. Therefore, the arguido statuscorresponds to a procedural qualification attributed to a person that is being investigated,accused or prosecuted in criminal proceedings and that, therefore, is considered suspectof a crime. The arguido has rights (among others, the right not to tell the truth about thefacts of which he or she is being accused, the right to silence, the right to appeal, the right toappoint a lawyer or request the appointment of a lawyer [...]) and duties (among others, theduty to respond truthfully about their identification, the duty to present themselves in allrequired stages of the case) [...]. Nowadays, the arguido of an accusatory case is considered a―subject‖ in the procedure and not an ―object‖. According to Article 59 No 2 of the Code ofPenal Procedure, the person thought to have committed a crime may be given the arguidostatus or they can enter it on their own volition (Our translation from Prata 2010: 49).