这是刑法关于公民逮捕的条文:
Section 494 of the Criminal Code of Canada,
dealing with citizen’s arrest
Arrest without warrant by any person
494. (1) Any one may arrest without warrant
👼 a person whom he finds committing an indictable offence; or
🍺 a person who, on reasonable grounds, he believes
💡 has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
Arrest by owner, etc., of property
(2) Any one who is
👼 the owner or a person in lawful possession of property, or
🍺 a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
R.S., c. C-34, s. 449; R.S., c. 2(2nd Supp.), s. 5.
你的理解太人情化了。是的,对小偷小摸,有的保安或店主不仅不实施逮捕,甚至都不报警,留下被偷的东西就让走人。但并不意味保安或店主对小偷没有拘捕权,保安有手铐,拘捕就是要铐你的吗,没啥不对。
下面来自官方信息:http://www.mcscs.jus.gov.on.ca/e ... al_authorities.html
Powers of Arrest
Security guards have neither police nor peace officer powers. They have the same powers as any member of the public under the Criminal Code. Specifically, section 494 of the Criminal Code describes when it is appropriate for a member of the public to make an arrest.
If a security guard is guarding property and is authorized by the owner of the property or the person in lawful possession of the property, they may make an arrest for ANY criminal offence that is committed on or in relation to the property, as long as the security guard witnessed the offence being committed.
If the offence is an indictable offence, they may make the arrest, even if the offence is not committed on or in relation to the property they are guarding, so long as the security guard has witnessed the offence. Security guards should therefore understand the distinction between an indictable offence and a summary offence. Typically, indictable offences are more serious; a lot of the offences that security guards normally encounter are indictable, e.g. theft.
Once an arrest has been performed, the security guard must deliver the individual to a peace officer as soon as possible.
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胖子张
2014-09-13 01:27
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您在误导大家,上手铐是防止嫌疑人逃走,没有任何不妥!
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ariel.c
2014-09-12 14:23
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Gift Store Clerk: Are you trying to steal that?
Ben Gates: Oh! Umm...?
Gift Store Clerk: It's thirty-five dollars.
Ben Gates: For this?
Gift Store Clerk: Yeah.
Ben Gates: That's a lot.
Gift Store Clerk: Hey, I don't make the prices.
Ben Gates: That's umm... thirty-two... fifty-seven?
Gift Store Clerk: We take Visa.
华裔女留学生苹果专卖店被指偷窃上手铐