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This edition gives full attention to the new constitutional context in which South African criminal law now operates. It also looks at the emerging culture of human rights and freedoms which has begun to generate a significant shift in perceptions of the boni mores of a new South African society.
South Africa's recent Bill of Rights has already started to exert an influence on the criminal justice system. This third edition of the text attempts to determine the extent these principles reflect or contradict the rights and freedoms embodied in South Africa's Constitution.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in South Africa. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with South Africa. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.