African customary law is one of the world legal families used and respected by many african communities. Ethics is crucial in decisions involving discretion, force, and due process, because criminal justice profes. The law, or accepted standards of behavior, imposes ethical rules and responsibilities on these professionals. Criminal procedure act 51 of 1977 afrikaans text signed by the state president. Saflii also hosts legal materials from other countries in the region which are obtained through partnerships, collaborative efforts and more recently through linking. To prosecute a person, the state must show that there is a law that a person has broken. Access study documents, get answers to your study questions, and connect with real tutors for law ilw1501. Crw2601south african criminal law crw2601 unisa studocu. Criminal liability, public policy, and the principle of. The application of the bill of rights to criminal procedure. Grant extracts and collate s the principles that can sometimes be complex, in a way that allows for a clear understanding of the current law.
This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. The fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. Criminal law amendment act 105 of 1997 south african government. Perpetrators and accomplices in the 1906 case of r v peerkhan and lalloo18 the court per innes cj.
It is often illuminating to know why a particular provision has been made. General principles of criminal law contains a substantially revised text and commentary on the general principles of the south african criminal law, including an audit of the first 16 years of constitutional court jurisprudence in this. May 17, 2016 study unit 1 introduction to south african law. This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what. The history of south african law and its romandutch roots.
Amended by criminal law sentencing amendment act 38 of 2007 from 31 dec 2007. Criminal law is important for hiv and aids for a number of reasons. Crw2601 addemndum a cosntruction of criminal liability. 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. South african law the law relating to participation in crime in south africa developed on two separate foundations, namely 1 liability as perpetrators and accomplices and 2 liability in terms of the doctrine of common purpose. Intoxication as a multiple defence in south african criminal law. A as well as s 1 of the criminal law amendment act 1 of 1988 the act will be briefly discussed. It follows that professionals in the criminal justice system must be aware of ethical standards in carrying out their functions.
The south african law journal is the legal showcase for new ideas, changing attitudes. The south african criminal laws response to the crimes of. In early 2001, the south african law commission salcrecommended that a person who has been. Criminal law on intoxication as it exists in south africa is a valid legal defense that an accused can use against criminal charges based on mental capacity, conduct and particularly, intention. One of the chapters ch 2 even provides for a broad outline of the south african criminal procedure system.
In the preface the reason for this is adeptly explained, namely that the long chapter in its predecessor ch 2 on the evolution of the south african criminal law has been omitted. Chapters examine the impact of the constitution on the principles and practices of criminal justice, a. 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. Skeen, a a bill of rights and the presumption of innocence 1993 9 sajhr 525. When a legal problem is not covered by statute law, you can look at the common law for an answer. Prior to the appellate division judgment handed down in the chretien case south african law relating to the defence of intoxication followed the english specific intent rule. 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 and constitutional development 201220. The doctrine of common purpose in south african law. Design indaba, youtube brand south africa reporter south africa has an independent judiciary, subject only to the constitution and the law. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. Criminal law, procedure and evidence regsterminologie.
The writer envisages researching, investigating, critically analysing and evaluating the south african criminal law s response in combatting the scourge of fraud and corruption within local government. Criminal law amendment act 105 of 1997 south african. South african criminal law is the body of national law relating to crime in south africa. Criminal law and criminal procedure act amendment act 39 of 1989. Since the early 1990s several specialist law report series were published such as the south african criminal law reports, the butterworths labour law reports and the butterworths constitutional law reports. The mens rea of the offence mental state of the defendant a mental state prohibited by the criminal law 3. Conversely, under the south african provision on insanity, the defect pertaining to wrongness is referred to but not that concerning the nature and quality of the act. Oxford university press criminal law in south africa 2e. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk 1 background judicial decisions, as any first year law student knows, are one of the fundamental sources of our law. Crime control is the idea that a criminal justice system will prevent crime. 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. The state must also use the general principles of criminal law to show.
To attribute criminal responsibility and find a person guilty of any criminal or property offence, we need to establish. Jonathan burchell is a professor of criminal law and the head of the department of criminal justice at the university of cape town. 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. Section 781 of the south african criminal procedure act reads. Criminal procedure module 1 a lawblog for south african. May 05, 2020 the southern african legal information institute saflii publishes legal information for free public access which comprises mainly of case law and legislation from south africa. South africa is a nonmember country of the oecd but has adopted this convention. The first unit of study for business law 101 is an introduction to the subject. A short summary on the south african criminal law, with detailed descriptions of each crucial term.
Essentially individuals are in the general sense responsible for their own conduct and in the event of wrongful conduct they may be held liable. The actus reus of the offence non mens rea element engage in conduct forbidden by the criminal law 2. Durban in addition to the readings, students are required to read the relevant cases and legislation as indicated in the course outline. Straf, strafproses en bewysreg law catalogue and price list. The writer envisages researching, investigating, critically analysing and evaluating the south african criminal laws response in combatting the scourge of fraud and corruption within local government.
It provides notes and important cases on criminal law. Crw2601 addendum b table of defences and their effect. Juta south african criminal law and procedure volume i. A person who commits an act or makes an omission which constitutes an offence. Our criminal procedure is codified in the criminal procedure act 51 of 1977. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. Before a person can be convicted the principle of legality must be proved, i.
Kemp ed et al criminal law in south africa 2015 oxford university press. Jul 21, 2017 the inside of south africas constitutional court. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Survey of the content of the criminal procedure act, child justice act and constitution of the republic of south africa criminal procedure legislative guide centre for legal terminology in african languages legal terminology. It is one of the most advancing areas of legal research and a platform for modern legal debates among jurists and legal researchers. But new criminal laws say that in some very serious crimes, it is hard to get bail. South africa is a violent country, and youth offending is not an uncommon phenomenon.
Section 781 of the criminal procedure act stipulates that in order. The south african law journal is the legal showcase for new ideas, changing attitudes and shifting emphases in south african law. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. The leading, established series published by juta and entitled south african criminal law and procedure first appeared in 1970. Critical criminal law james grant southern african legal. He is the author of the law of defamation in south africa, personality rights and freedom of expression, principles of delict, and south african criminal law and procedure. Criminal law being a practical subject has to be taught in a practical way without ignoring the principles on which it is based.
The constitution is the supreme law of the country and binds all legislative, executive and judicial organs of state at all levels of government. Crw2601 general principles of criminal law gimmenotes. Founded in 1884, it is the oldest law journal of its kind in the world. General principles of criminal law crw2601 uploaded by. A statute law, eg the sexual offences act, or a common law, eg theft, murder, rape. Yet court decisions can only effectively be a source of law if they. Amended by criminal matters amendment act 18 of 2015 from 1 jun 2016.
South african law of criminal procedure and evidence 1999 lld thesis stellenbosch. The south african law journal is south africas premier law journal. Study unit 1 introduction to south african law tristan. Steytler, nc constitutional criminal procedure 1998. The interaction between ethics and the criminal justice system. In criminal law, the state prosecutes charges a person for performing an illegal act.
Broadly speaking a criminal case is one where the accused is charged by the state in respect of a crime and civil law is the law as it is applied to different people and legal entities. In order to do so the research will examine the efficacy of the prevention and. Criminal law in south africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in south africa. According to this rule, voluntary intoxication would be a valid. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. Stuart, d charter justice in canadian criminal law 2 ed 1996 15.
For example, the criminal procedure second amendment act. The law applicable in south africa today with regards to the insanity defence is contained in the provisions of the criminal procedure act 51 of 1977, which replaced the mnaghten rules and irresistible impulse test that appeared in south african law nearly a century before. The south african criminal legal system is based on personal liability, where an individual can be held responsible for his or her own conduct. Cape town c r snyman criminal law 2014, 6th ed, lexis nexis. A practical guide court and case flow management in the south african lower court division vii t c mabas o c hief magistrate, durban chairperson of the judicial lower court management subcommittee on court and case flow management, south africa the initial court and case flow management guidelines published in 2006 was a. B a system of criminal law modern criminal law is composed of three component parts. The southern african legal information institute saflii publishes legal information for free public access which comprises mainly of case law and legislation from south africa. South africa became a party to the convention in 2007. The convention establishes a monitoring mechanism to ensure that obligations under the convention are. Criminal law in south africa is based on common law, case law, and legislation. Criminal law rests upon a linguistic way of thinking these factors construct a kind of normative skeleton able to define and classify crimes and apply and give meaning to general legal principles via a particular fact situation.
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