Critical criminal law james grant southern african legal. Killing and the constitution arrest and the use of. Be it enacted by the parliament of the republic of south africa, as follows. On 4 march 1953, the criminal law amendment act no 8 commenced. Criminal liability of companies survey south africa bowman. It is often illuminating to know why a particular provision has been made. 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. Study notes to help prepare for the examination for criminal law general principles. 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. South africa overview of the law and enforcement regime the most important sources of criminal law in south africa are legislation, common law and case law. Criminal law being a practical subject has to be taught in a practical way without ignoring the principles on which it is based. Amended by criminal law sentencing amendment act 38 of 2007 from 31 dec 2007. Criminal law and criminal procedure act amendment act.
Be it therefore enacted by the parliament of the republic of south africa as follows. Furthermore, this act is designed to reinforce south africas obligations under the united nations. One of the chapters ch 2 even provides for a broad outline of the south african criminal procedure system. The law recognises that persons suffering from insanity cannot be sanctioned in the same way as sane offenders. When a legal problem is not covered by statute law, you can look at the common law for an answer. In 1998, south africa enacted legislation prescribing minimum. Lawful citizens arrest the south african criminal procedures act of 1977, act 51, section 42, says concerning an arrest by private person without warrant. Criminal law amendment act south african government. 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.
The state must also use the general principles of criminal law to show. The district courts have jurisdiction on all criminal matters except treason, murder. The history of south african law and its romandutch roots. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. This publication provides an arena for discussion of issues affecting the criminal justice system. This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what. Criminal liability, public policy, and the principle of. The south african death sentence under a new constitution by robert paul rudolf krautkramer submitted in part fulfilment of the requirements for the degree of master of laws in the department of criminal procedure at the university of south africa supervisor. South african law which negates criminal responsibility. 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 penal provisions of the act, serves as a deterrent in that a conviction for corruption invokes a.
Criminal law forensic procedures amendment act 37 of 20. Civilian secretariat for police service act 2 of 2011. Kemp ed et al criminal law in south africa 2015 oxford university press. Criminal procedure in south africa refers to the adjudication process of that countrys criminal law. South african police service amendment act 10 of 2012. In south africa, any person charged with a crime has the right to. Independent police investigative directorate act 1 of 2011. An offence referred to in section 3 of the criminal matters amendment act, 2015. Some crimes increase a persons vulnerability to hivaids. This page contains listing of free law books online textbooks and tutorials they are downnloadable or for viewing online in the html pdf zip chm or rar file formats. Constitution of the republic of south africa 1996 e du toit et al commentary on the criminal procedure act juta publishers, 2015, chp5 criminal procedure act 51 of 1977 mental health care act 17 of 2002. Section 7 of the criminal procedure act provides that in instances where the. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences.
This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what is fair and just. The law applicable in south africa today with regards to the insanity defence is contained in. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The sources of south african criminal procedure lie in the constitution, the criminal procedure act cpa, other statute law for example, the magistrates courts. The south african international cooperation in criminal. In 1994 the interim constitution reincorporated the tbvc states. Describe the major types of sanctions and their legal prerequisites. South african diamond and precious metals regulator.
As south africa has one of the highest rates of rape and child abuse in the world, this is one of the ways that women and girl children get infected. Currently we only have capacity to publish the english versions. To prosecute a person, the state must show that there is a law that a person has broken. Whereas the south african common law and statutory law do not deal adequately, effectively and in a nondiscriminatory manner with many aspects relating to or. To amend the criminal law amendment act, 1997, so as to further regulate the. Before a person can be convicted the principle of legality must be proved, i. For instance, a person may be infected with hiv through a criminal act such as rape or sexual abuse. Durban in addition to the readings, students are required to read the relevant cases and legislation as indicated in the course outline. 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. Amendment of section 51 of act 105 of 1997, as substituted by section 1 of act 38 of 2007 and section 26 of act 42 of 20 5. South african criminal law provides the regime with a veil of legality hiding the use of penal sanctions as partisan devices of domination.
Criminal law amendment act no 8 commences south african. South african police service amendment act 57 of 2008. South african criminal law and procedure volume ii. Criminal procedure act justice project south africa. The journal focuses on criminal law, criminal procedure, evidence, international criminal law and criminology. In jurisdictions where the provisions of the aarto act do not apply, the criminal procedure act, 1977 act 51 of 1977 is used to prosecute road traffic infringements and offences. Submitted in accordance with the requirements of the degree of. Section 51 of the criminal law amendment act, 1997 act no. Criminal law in south africa is based on common law, case law, and legislation. Criminal procedures act of 1977, act 51 23, and the criminal law amendment act of 2007, section 3 and 4.
Whereas the constitution of the republic of south africa, 1996, provides that everyone has the right to life and whereas the. Can other types of sanctions under criminal law been imposed on companies. The constitutionality of detaining persons unfit to stand. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied. Our criminal procedure is codified in the criminal procedure act 51 of 1977. 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. Criminal law in south africa criminal law in south africa. South africa is one of the few countries in the world in which the substantive criminal law has not been set out in a single act or code. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but download criminal law pdf genial ebooks download the ebook criminal law in pdf or epub format and read it directly on your mobile phone, computer or any device. A statute law, eg the sexual offences act, or a common law, eg theft, murder, rape. Furthermore, this act is designed to reinforce south africa s obligations under the united nations convention against corruption adopted by the general assembly on 31 october 2003. Pdf the impact of the constitution on the south african. South africa has adopteddifferent initiatives to cooperate with other countries in the fight against crime. International scholars in criminal justice are represented on the editorial panel.
The standard of evidence in south africa is proof beyond reasonable doubt. Starting with the interim constitution1 of 1993 and the culmination of the 1996 constitution2. Sch 2 amended by protection of constitutional democracy against terrorist and rel activities act 33 of 2004 from 11 feb 2005. Finding law reports law llb and other law degrees 1st. Country criminal provisions laws against advocacy recognition of samesex marriage commit an unnatural offense, also a crime, is, punishable on conviction by a sevenyear prison term. Whereas the south african common law and statutory law do not deal adequately, effectively and in a nondiscriminatory manner with many aspects relating to or associated with the commission of sexual offences, and a uniform and coordinated approach to the implementation of and service delivery in terms of the laws relating to. Pdf in this article the extent of the impact of the new constitutional dispensation on the south african criminal law sphere is discussed. The criminal procedure act is also used to prosecute serious road traffic offences which are scheduled as offences in schedule 3 of the aarto regulations.
This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. It examines search and seizure from a constitutional perspective in the south african criminal justice system. The subject matter of this study is a constitutional perspective of police powers of search and seizure in the criminal justice system. Crw2601 study notes general principles of criminal law. Criminal law in south africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in south africa. Diamond act, 1986 act no 56 of 1986 download document pdf 183kb diamond act, 2005 act no 29 of 2005 download document pdf 421kb diamond act, 2005 act no. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but download criminal law pdf genial ebooks download the ebook criminal law in pdf or epub format and read it directly on.
Amendment of section83 of act 44 of 1957, as substituted by section 39 of act 87 of 1984 and amended by section 25 of act 2 of 1992 2. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978 criminal procedure amendment act 56 of 1979 criminal procedure amendment act 64 of 1982 appeals amendment act 105 of 1982 criminal law amendment act 59 of 1983. Criminal law amendment act 105 of 1997 south african. Please note that most acts are published in english and another south african official language. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The lack of protection for juvenile sex offenders in south. This act made civil disobedience punishable by a threeyear gaol prison sentence, and prohibited the offer or acceptance of financial or other assistance for any organized resistance against the laws of the union. The au convention against corruption the african union convention against corruption the au convention against corruption was adopted in 2003 and came into force in 2005.
In criminal law, the state prosecutes charges a person for performing an illegal act. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Legal theory is presented in light of the influence of the bill of rights, comparative perspectives, and. Killing and the constitution arrest and the use of lethal force by david bruce originally published in the south african journal on human rights, 2003.
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