SJD1501 Assignment 3 Due 12 September 2024

SJD1501
Assessment 3 – 568042
ASSESSMENT 3 – WRITTEN ASSIGNMENT

1. What are the differences between criminal and civil cases in the Republic of South
Africa?

Criminal cases, which are part of public law are disputes that are subject to the rules of
criminal procedure, where a person breaks commits an offence against society, i.e. a crime. Unlike a civil case, the State is always involved in a criminal case, where it, the State
represented by the state prosecutor, prosecutes the accused person suspected of
committing a crime, on behalf of society or the victim upon which a offence was committed
against, whom is assisted by an attorney or advocate, unless he or she refuses this
assistance.
The aim of a criminal case is thus to protect society and to punish the offender and in order
to be successful, the presiding officer of the court must have no reservations or doubt about
the guilt of the accused, who would either be acquitted if found not guilty, or convicted when
found guilty. Typical examples of a crime include, murdur, assault, reckless driving,
robbery, rape, fraud etc. and before any conduct can be regarded as a crime it has to meet
the following conditions: