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Section 718.21 — Criminal Code: Additional factors

Text of the provision Official document

A court that imposes a sentence on an organization shall also take into consideration the following factors: any advantage realized by the organization as a result of the offence; the degree of planning involved in carrying out the offence and the duration and complexity of the offence; whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution; the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees; the cost to public authorities of the investigation and prosecution of the offence; any regulatory penalty imposed on the organization or one of its representatives in respect of the conduct that formed the basis of the offence; whether the organization was —

or any of its representatives who were involved in the commission of the offence were — convicted of a similar offence or sanctioned by a regulatory body for similar conduct; any penalty imposed by the organization on a representative for their role in the commission of the offence; any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and any measures that the organization has taken to reduce the likelihood of it committing a subsequent offence.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.