A person holding an important position within a non-profit organization was charged with counterfeiting documents, that is falsified expense accounts, which falls under Section 367b) of the Criminal Code, using these documents as though they were genuine, falling under Section 368(1)a)c) of the Criminal Code, and thereby defrauding the employer for a sum of nearly $ 10,000, which is an offence under Section 380(1)a) of the Criminal Code. This person was now retired and wished to be able to go to a second residence abroad.
A person convicted of fraud over $ 5,000 cannot avoid having a criminal record by requesting an absolution from the Court under Section 730 of the Criminal Code.
However, Mrs. Cogné, the legal coordinator of the firm, negotiated wih the Prosecutor so the fraud charge would be reduced to fraud under $ 5,000, under Section 380(1)b)i) of the Criminal Code, in exchange for a total refund of the amount in two instalments. The defendant pleaded guilty in acccordance with the agreement and the Prosecutor declared a conditional stay of procedure concerning the charges of counterfeiting of documents. A common suggestion of conditional discharge under Section 730 of the Criminal Code was submitted to the Court and accepted. The defendant therefore avoided having a criminal record, which would have definitely prevented her from travelling abroad.
Not all Ms Cogné’s clients can avoid a criminal record. See notice.
