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Questions and Answers
What is the purpose of the study guide?
To prepare applicants for the Aspirant Prosecutor Programme entry examination.
Which of the following is included in the sources of the study guide? (Select all that apply)
The Criminal Procedure Act is part of the foundational triad for presenting evidence.
True
What is the first question to consider when determining criminal liability?
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The triad consisting of Criminal Law, Criminal Procedure, and _____ is foundational to presenting evidence.
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Study Notes
Study Guide Overview
- The guide is tailored for applicants preparing for the Aspirant Prosecutor Programme's entry exam in 2024.
- It is a proprietary document compiled by the National Prosecuting Authority, not to be used as an academic reference.
- Contributors include legal professionals from various DPP offices across South Africa.
Contributors
- Baba, Yusuf - DPP: South Gauteng - Randburg
- Lamprecht, Adriaan - DPP: South Gauteng - Protea
- Lamprecht-Nel, Nadine - DPP: South Gauteng - Johannesburg
- Ndiitwani, Mutangwa - DNDPP: NPS – Skills Development
- Padayachee, Kevin - DPP: North Gauteng – Vaal
- Pillay, Penny - DNDPP: NPS – Skills Development
- Van Zyl, Francios - DPP: North Gauteng - Pretoria
Key Sources for Study
- Du Toit et al.'s Commentary on the Criminal Procedure Act (2023)
- Hiemstra's Commentary on Criminal Procedure
- Schwikkard et al.'s Principles of Evidence (5th Edition, 2023)
- Snyman’s Criminal Law (7th Edition)
- Key legal frameworks detailed, including the Criminal Matters Amendment Act and the Domestic Violence Act.
Structure of the Guide
- Part I: Basic Principles of Criminal Law, covering Common Law Crimes and Statutory Offences.
- Part II: Law of Evidence and the impact of modern technology on evidence presentation.
- Part III: Comprehensive overview of the Criminal Procedure Act.
- Part IV: Insights into Sentencing practices.
Introduction to Criminal Law
- The guide emphasizes the interconnection between three crucial legal areas: Criminal Law, Criminal Procedure, and Law of Evidence.
- Each area plays a vital role in effectively presenting criminal cases.
Basic Principles of Criminal Law
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Requirements for Legality:
- Criminal liability hinges on whether the conduct is legally recognized as a crime.
- Not all morally wrong behaviors are legally actionable; recognition by law is essential.
Importance of Interlinked Legal Concepts
- Criminal law outlines offenses and the necessary elements for prosecution.
- Criminal procedure establishes the proper processes for handling evidence.
- The law of evidence determines what evidence is admissible and relevant in court.
- Successful legal advocacy relies on understanding the synergy between these areas.
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Description
Prepare for the Aspirant Prosecutor Programme entry examination with this comprehensive study guide. Designed for applicants, this resource provides essential information to help you excel in your exam. Note that this guide is not intended for academic use and reflects the input of various contributors from the National Prosecuting Authority.
