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Criminal Law

Criminal Law News & Insights

Criminal Law in South Africa is based on common law, case law, and legislation. In the definition of Van der Walt et al, a crime is “conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted.”  The standard of evidence in South Africa is Proof Beyond Reasonable Doubt. This topic includes articles, analyses and insights relating to both national and international criminal law. Articles examine relevant court cases, judgments and regulatory developments in financial crimes, violent crimes, property crimes and other statutory offenses.

Business Email Compromise
Business email compromise and the dangers they bring

Business Email Compromise is a tactic developed and adopted by cyber-criminals who aim to defraud small to medium businesses and/or their consumers. In summary, it is when cyber-criminals gain access to the email addresses of businesses and use that emailing platform…
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trial
Right of accused to choose where trial is held

The applicant in Davids v S [2022] 4 All SA 67 (WCC) sought an order that the criminal proceedings against him and his co-accused be heard at the Western Cape Division of the High Court rather than at the circuit court at Pollsmoor Correctional Centre. The applicant’s…
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Protection from harassment

In Moos v Makgoba [2022] JOL 54225 (GP), it was held that evidence of psychological, economic, or mental harm is necessary to secure a protection order. In Moos...
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