It is necessary, first and foremost, to examine the allegations of the criminal complaint, which is the submission of a request for collecting the necessary information from to the competent police station, for the purpose of conducting interviews with the registered party. Make sure you get the right criminal lawyer in newmarket. After confirming in its statement that it does not provide support, depending on the amount of matured and unpaid amounts of maintenance, as well as the current financial situation of the provider of the maintenance or the suspect, two variants are possible:
That the Prosecution submits to the suspect the suspicion of the criminal proceedings referred to in the Criminal Procedure Code, which means that he/ she is ordered to pay out due maintenance obligations within a certain period, which cannot be due for a year.
To investigate the criminal charges and to possibly examine the suspect, the exam of the injured party, or his legal representative, and possibly fine-tune the economic and financial expertise in order to determine the total amount of matured maintenance obligations, and to decide whether to accuse the defendant, or to dismiss the criminal registration.
In the first situation, if the suspect fulfills his obligation, the prosecution will reject the criminal charges, and in the second, after the conducted investigative actions, if the suspect’s financial situation in the meantime is corrected and he expresses his willingness to fulfill the due obligations of maintenance and will be postponed to the criminal prosecution. Otherwise, against the suspect will be submitted an indictment proposal to the court, which will, after the main trial, reach a verdict. In a judgment, if the court finds that the defendant is guilty of the criminal offense for which he is charged, he will be found guilty and sentenced to a criminal offense by law. The most common is suspended sentence, which means that the court determines the imprisonment of the accused, and at the same time determines that the punishment thus imposed will not be enforced if the defendant does not pay the remaining maintenance obligations within the deadline. This is precisely prescribed in the Criminal Code, by which, if it impose a suspended sentence, the court can determine the obligation of the perpetrator to settle the due obligations and to properly provide sustenance.
If, on the other hand, the court finds that the defendant is not guilty of a criminal offense, he will be released from the charge, and if the defendant fulfills his due obligations during the main trial, the prosecution may refrain from further criminal prosecution, and the court will issue a judgment ordering the prosecution refuses. The basic aim of the procedure is not the repression of the defendant for the committed criminal act, but the impact on him to pay back the remaining obligations of maintenance and to meet them in the future, because this is in the best interest of the injured person, whose existence depends on these material resources.
