C-25.1 - Code of Penal Procedure

Section 195 Disposition versions

2005-06-17

195. The trial judge shall render judgment on the proceedings. Should the judge be unable to complete the trial or to render judgment by reason of illness or for any other serious reason, another judge of the same jurisdiction shall resume the trial.

Notwithstanding the foregoing, where, after rendering his decision in respect of the conviction of the defendant or the dismissal of the proceedings, the judge is unable for any reason mentioned in the first paragraph to impose a sentence or to make an order, another judge of the same jurisdiction may take his place for the performance of that act.

However, if a judge ceases to hold office because of an appointment to another court, the judge may, with the agreement of the chief judges or chief justices of the courts concerned, continue and terminate any proceedings of which the judge was seized at the time of the appointment. Failing that, the procedure set out in the first two paragraphs is followed.

For the purposes of this article, a court means a municipal court, the Court of Québec, the Superior Court or the Court of Appeal.

1987, c. 96, a. 195; 2005, c. 26, s. 2.

1990-10-01

195. The trial judge shall render judgment on the proceedings. Should the judge be unable to complete the trial or to render judgment by reason of illness or for any other serious reason, another judge of the same jurisdiction shall resume the trial.

Notwithstanding the foregoing, where, after rendering his decision in respect of the conviction of the defendant or the dismissal of the proceedings, the judge is unable for any reason mentioned in the first paragraph to impose a sentence or to make an order, another judge of the same jurisdiction may take his place for the performance of that act.

1987, c. 96, a. 195.