Once the accused has deposited money for the victim's recovery of rights, whose opinion must the court hear before pronouncing judgment?
General information · Not legal advice
Material to check
In a practice file we read the paper showing that the accused deposited money needed for the victim's recovery of rights, the record of the victim's identity and any legal representative, and, where the victim has died, papers showing the relationship of the spouse, lineal relative or sibling whose opinion is at issue.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own words: where the accused has deposited money needed for the victim's recovery of rights, the court must hear the opinion of the victim or the victim's legal representative before pronouncing judgment, and where the victim has died that includes a spouse, lineal relative or sibling.
Another reading stresses the exception: where hearing that opinion is difficult and there are special circumstances of the kind set by Supreme Court rules, the court is not obliged to hear it, so the provision leaves to those rules what counts as too difficult.
Your judgment
What in the file would show that the money deposited was needed for this victim's recovery of rights rather than for some other purpose?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change whose opinion must be heard or the point before which it must be heard, or if Supreme Court rules define the special circumstances in which the court may proceed without hearing it.