South African Law News, Analysis And Evaluation Page 1

Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal process. The paradigm case of against the law lies within the proof, past reasonable doubt, that a person is responsible of two things. First, the accused should commit an act which is deemed by society to be felony, or actus reus . Second, the accused should have the requisite malicious intent to do a felony act, or mens rea . Criminal techniques of the civil law tradition distinguish between intention within the broad sense , and negligence.…





