Criminal law, procedure and evidence regsterminologie. Southern african public law, vol 332 of 2018 read more read more about new issue current issue. Criminal law being a practical subject has to be taught in a practical way without ignoring the principles on which it is based. Our constitution tell us how the state is organised. Whereas in a negligence action the victim is at the core of the case in terms of compensation, the interests of the victim in a criminal case are very much a secondary consideration. View gumtree free online classified ads for criminal law books and more in south africa. This is followed by an indepth discussion and evaluation of the statutory crime created by section 1 1 of the criminal law amendment act 1 of 1988.
South africa is a violent country, and youth offending is not an uncommon phenomenon. Crw2601 study notes general principles of criminal law. In short there are considerations that arise in criminal law that have no direct counterpart in private law. General principles of criminal law crw2601 academic year. Dawkins,k statutory presumptions and reverse onus clauses in the criminal law. Being a lawyer in cape town could make for an exciting career, if you meet the statutory requirements. It is, therefore, alarming that people who become voluntarily drunk stand a good chance of being acquitted in the south african courts if the evidence reveals that, at the time of the act, the accused happened to fall in the grey area between slightly drunk. Attempted murder involving the infliction of grievous bodily harm. Civil law in sa legal advice office in south africa.
Criminal law in south africa criminal law in south africa. In response to a number of inquiries where it appears, there is a clear need to explain the difference between the various branches of sa law including both civil law and criminal law. Provides an innovative and accessible introduction to the principles and application of criminal law in south africa. Criminal liability, public policy, and the principle of. The standard of evidence in south africa is proof beyond reasonable doubt. General principles of criminal law crw2601 uploaded by. Common law is the primary source for south african criminal law, but as a result of modern needs statutory offences have been introduced by means of legislation. Rape or compelled rape as contemplated in section 3 or 4 of the criminal law sexual offences and related matters amendment act, 2007, respectively, in circumstances other than those referred to in schedule 6. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. Criminal procedure second amendment act 85 of 1997 parole and correctional supervision amendment act 87 of 1997 criminal law amendment act 105 of 1997 national prosecuting authority act 32 of 1998 judicial matters amendment act 34 of 1998 criminal matters amendment act 68 of 1998 assented to 21 april 1977 date of commencement. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. The constitution and the south african criminal law in the previous constitutional dispensation the constitution was only one of the general legal sources of the south african legal system. Crime statistics show that alcohol and drug consumption has in many cases a direct and substantial influence on criminal conduct.
Amended by criminal law sentencing amendment act 38 of 2007 from 31 dec 2007. Cities in south africa myrone stoffels, anel du plessis 26 pages requires subscription pdf case note. Oxford university press criminal law in south africa 2e. Legal theory is presented in light of the influence of the bill of rights, comparative perspectives, and. Chapters examine the impact of the constitution on the principles and practices of criminal justice, a. Straf, strafproses en bewysreg law catalogue and price list. The sources of law where the law comes from in south africa are. Discuss when a court in south africa will be able to have jurisdiction over an offence that was committed outside of south africa 5. The standard of evidence in south africa is proof beyond reasonable. South african criminal law is the body of national law relating to crime in south africa. One of the chapters ch 2 even provides for a broad outline of the south african criminal procedure system. Intoxication as a multiple defence in south african. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis.
It is often illuminating to know why a particular provision has been made. Crime in south africa the pass laws have been a melange of complex and contradictory rules by which the african must carry a number of documents for such diverse purposes as visiting a sick relative in a distant town, looking for work, or being out after curfewvaiously defined by the ven community. Whereas in a negligence action the victim is at the core of the case in terms of compensation, the interests of the victim in a criminal case. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences. Pdf the impact of the constitution on the south african. The constitution statute law common law customary law court decisions. The constitution the constitution is the supreme highest law of south africa.
Sa citizen residing in a foreign country and joins the enemy army during war. Pathological criminal incapacity and the conceptual. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but concisely. Eric pelser is a senior researcher in the crime and justice programme at the institute for security studies. A distinct legal basis for prosecuting international crimes in africa derives from the obligation incurred by the au under its constitutive act au act and other treaties. An overview of the regime maintenance function of the south african criminal law contemporary public policy frequently uses criminal law as a tool of social engineering. An argument for foetal protection within a framework of. The threat of punishment is also used to prevent behaviour that society does not want to happen. The threat of punishment is also used to prevent behaviour that. Schedule 5 sections 58 and 60 11 and 11a and schedule 6. All laws and state actions must be in line with the constitution. Pathological criminal incapacity and the conceptual interface between law and medicine j le roux and gp stevens abstract this article addresses the problematic conceptual interface between law and the fields of psychiatry and psychology when the defence of pathological criminal incapacity is raised in a criminal court. Written firmly with the undergraduate and gdl student in mine, this lively, clear and accurate guide to the law will help you to understand. Criminal law books in south africa gumtree classifieds.
Criminal procedure act justice project south africa. B the establishment of international criminal prosecution in africa is a legal obligation. For information on south africa s response to covid19 please visit the covid19 corona virus south african resource portal. Reforming south africa s criminal justice system by mark shaw, project leader and senior researcher, crime and policing policy project, institute for defence policy occasional paper no 8 august 1996 introduction south africa s system of criminal justice is in a crisis. Criminal procedure module 1 a lawblog for south african. Legislation is a law created by parliament common law is that system of our law handed down to us from generation to generation. Statistics recorded by the south african police services saps during 202014, reflect this in the 57 721 charges that were brought against children department of justice. Requirements for becoming a lawyer in south africa. You must also be at least 21 and a citizen or legal resident of south africa.
Our courts will only exercise jurisdiction over offences committed in sa exceptions. A brief analysis of south african law relating to intoxication as a defence prior to 1988 is given. The first was an amendment in 1995 to section 60 of the criminal procedure act 51 of 1977 cpa. The criminal law allows the state to punish us or to threaten to punish us for not obeying these rules and procedures. South african law requires a prospective lawyer get a law degree, work in a legal setting and pass an admissions exam. Criminal law amendment act 105 of 1997 south african. Criminal law in south africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in south africa. The criminal law is a set of rules and procedures that the state sets down to regulate our behaviour. Criminal law in south africa is based on common law, case law, and legislation. A short summary on the south african criminal law, with detailed descriptions of each crucial term.
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