Complementarity in the Rome Statute and National Criminal

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After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the magistrate can order for arrest. The first written codes of law were designed by the Sumerians. A defendant has two ways to perfect an appeal from district court to circuit court. At the trial the state’s evidence shall be confined to the particulars of the bill or bills. 2.11(6) Dismissing indictment or information. a. A finding of fact is clearly erroneous ‘when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed’.

Pages: 400

Publisher: Oxford University Press (February 15, 2008)

ISBN: 0199238456

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Kempton Park, Kimberley, Kirkwood, Klerksdorp, Knysna, Ladismith (C), Lydenburg, Mossel Bay ref.: Evaluating Police Tactics: An Empirical Assessment of Room Entry Techniques (Real World Criminology) http://www.patricioginelsa.com/lib/evaluating-police-tactics-an-empirical-assessment-of-room-entry-techniques-real-world-criminology. Bail Matters: Importance of getting bailed out in a criminal matter is the primary concern whether it is Pre-arrest, post arrest, anticipatory bails or else. Trials: Adopting the right course of action, coupled with a planned and well thought-out strategy, plays a pivotal role behind every successful trial The Complete Idiot's Guide to Private Investigating, 2nd Edition http://championsradio.com/lib/the-complete-idiots-guide-to-private-investigating-2-nd-edition. Section 5845(a) of that Code, referred to in subsec. (c)(1), is section 5845(a) of Title 26. 2002—Subsec. (c)(2), (3). L. 107–296, §1112(e)(3), substituted “Attorney General” for “Secretary” wherever appearing. 1999—Subsec. (a). L. 106–54, §2(b)(1), designated existing provisions as par. (1) and added par. (2). 1996—Subsec. (a) , source: Probation, Parole, and Community Corrections (3rd Edition) http://www.patricioginelsa.com/lib/probation-parole-and-community-corrections-3-rd-edition. eBay determines this price through a machine learned model of the product's sale prices within the last 90 days. eBay determines trending price through a machine learned model of the product’s sale prices within the last 90 days. "New" refers to a brand-new, unused, unopened, undamaged item, and "Used" refers to an item that has been used previously ref.: Basic Criminal Law, The U.S. read online Basic Criminal Law, The U.S.. The court may reject such a request if it considers that it is intended for delay, malice, or deception, or that granting such a request is not probative. The court may call any witness whenever it concludes that there is a need to hear or cross-examine his statements Casenote Outline: Criminal Law: Dressler (Casenote Legal Education Series) http://championsradio.com/lib/casenote-outline-criminal-law-dressler-casenote-legal-education-series. But, if such person is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, the Court may inflict less punishment to any extent than that provided by the law for such offence Understanding Criminal Law, download pdf http://www.lotansecurity.com/?lib/understanding-criminal-law-6-th-edition. C., 1940 ed., were omitted as unnecessary, because section 3231 of this title confers jurisdiction on the Federal district courts of all crimes and offenses defined in this title. The conspiracy provisions of section 1138d(f) of title 12, U. C., 1940 ed., Banks and Banking, were not added to this consolidated section for reasons stated in reviser's note under section 493 of this title. (See also reviser's note under section 371 of this title.) [Section 20] conforms section 1006 of title 18, U JUICE III: The State of read epub JUICE III: The State of California v..

The District Court has jurisdiction over misdemeanor criminal cases. It also hears preliminary hearings in felony cases Asset Forfeiture: Analyses of download for free http://springfieldkyspringwater.com/ebooks/asset-forfeiture-analyses-of-federal-programs-law-crime-and-law-enforcement. L. 107–188, §231(a)(2), (3), redesignated and transferred subsec. (c) as par. (2) of subsec. (a). L. 107–188, §231(b)(1)(A), substituted “The term ‘select agent’ means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include” for “The term ‘select agent’ does not include”. L. 108–458, title VI, §6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of title 42, C Prejudice and Pride Prejudice and Pride.

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ACCUSATORIAL- contemplates of two contending parties before the court which hears them impartially and render judgment after trial. The procedure is confrontative and the trial is publicly held and ends with the magistrate rendering the verdict. MIXED- this is a combination of the inquisitorial and the accusatorial systems. It characterizes the criminal procedures observed in the Philippines Criminal Types http://italpacdevelopment.com/lib/criminal-types. After a judgment rendered by the People's Court becomes effective, all the seized or frozen illicit money and goods as well as the fruits accruing therefrom, except those that are returned to the victim according to law, shall be confiscated and turned over to the State Treasury. Any judicial officer who embezzles or misappropriates or disposes of the seized or frozen illicit money and goods as well as the fruits accruing therefrom without authorization shall be investigated for criminal responsibility according to law; if the offence does not constitute a crime, he shall be given administrative sanction The Criminal Justice and download for free http://c4bmediawebsites.com/?library/the-criminal-justice-and-public-order-act-1994-a-basic-guide-for-practitioners-paperback-common. Transfer of Powers and Duties of the State President Act 51 of 1991 – Government Notice 963 in Government Gazette 13205, dated 29 April 1991 Fair Trials: The European Criminal Procedural Tradition and the European Court of Human Rights (Criminal Law Library) www.reichertoliver.de. For as long as this is not possible, characteristics by which individual pieces of information regarding personal or material circumstances of certain or ascertainable persons can be established shall be stored separately , e.g. Blackstone's Criminal Practice download for free http://www.patricioginelsa.com/lib/blackstones-criminal-practice. Any other defender, with permission of the people's procuratorate, also may consult, make abstracts of or reproduce the aforesaid materials, and meet and correspond with the crime suspect in custody. A defense lawyer may, from the day on which the people's court accepts to hear the case, consult, make abstracts of or reproduce the materials of the facts of the crime charged against in the case, may meet and correspond with the defendant in custody Magistrates' Courts Criminal Practice 2011 http://www.patricioginelsa.com/lib/magistrates-courts-criminal-practice-2011.

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L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281 Defending Suspects at Police Stations: The Practitioners' Guide to Advice and Representation http://drrajaratnam.com/freebooks/defending-suspects-at-police-stations-the-practitioners-guide-to-advice-and-representation. I have been advised and understand that I have a right under Iowa R. P. 2.33 (2)“b” to a trial within 90 days after indictment/filing of the trial information and [check either “a” or “b”]: [ ] a. I demand a speedy trial pursuant to Iowa R. I waive my right to a speedy trial pursuant to Iowa R. I request that a trial date be promptly set pursuant to Iowa R , source: Criminal Litigation and read online Criminal Litigation and Sentencing. Mandatory punishment provision was rephrased in the alternative. Minor change was made in phraseology. 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in third par. (a) During a war in which the United States is a neutral nation, the President, or any person authorized by him, may detain any armed vessel owned wholly or in part by citizens of the United States, or any vessel, domestic or foreign (other than one which has entered the ports of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, until the owner or master, or person having charge of such vessel, shall furnish proof satisfactory to the President, or to the person duly authorized by him, that the vessel will not be employed to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with which the United States is at peace, and that the said vessel will not be sold or delivered to any belligerent nation, or to an agent, officer, or citizen of such nation, by them or any of them, within the jurisdiction of the United States, or upon the high seas. (b) Whoever, in violation of this section takes, or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be fined under this title or imprisoned not more than ten years, or both , cited: The Faithful Executioner: Life download pdf The Faithful Executioner: Life and. A search of any person or premises shall be conducted with strict regard to decency and order, and a woman shall be searched by a woman only, and if no female police official is available, the search shall be made by any woman designated for the purpose by a police official. (a) may, if the article is perishable, with due regard to the interests of the persons concerned, dispose of the article in such manner as the circumstances may require; or (b) may, if the article is stolen property or property suspected to be stolen, with the consent of the person from whom it was seized, deliver the article to the person from whom, in the opinion of such police official, such article was stolen, and shall warn such person to hold such article available for production at any resultant criminal proceedings, if required to do so; or (c) shall, if the article is not disposed of or delivered under the provisions of paragraph (a) or (b), give it a distinctive identification mark and retain it in police custody or make such other arrangements with regard to the custody thereof as the circumstances may require. (a) If no criminal proceedings are instituted in connection with any article referred to in section 30(c) or if it appears that such article is not required at the trial for purposes of evidence or for purposes of an order of court, the article shall be returned to the person from whom it was seized, if such person may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess it. (b) If no person may lawfully possess such article or if the police official charged with the investigation reasonably does not know of any person who may lawfully possess such article, the article shall be forfeited to the State. (2) The person who may lawfully possess the article in question shall be notified by registered post at his last-known address that he may take possession of the article and if such person fails to take delivery of the article within thirty days from the date of such notification, the article shall be forfeited to the State. (1) If criminal proceedings are instituted in connection with any article referred to in section 30(c) and the accused admits his guilt in accordance with the provisions of section 57, the article shall be returned to the person from whom it was seized, if such person may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess it, whereupon the provisions of section 31(2) shall apply with reference to any such person. (2) If no person may lawfully possess such article or if the police official charged with the investigation reasonably does not know of any person who may lawfully possess such article, the article shall be forfeited to the State. (1) If criminal proceedings are instituted in connection with any article referred to in section 30(c) and such article is required at the trial for the purposes of evidence or for the purposes of an order of court, the police official charged with the investigation shall, subject to the provisions of subsection (2) of this section, deliver such article to the clerk of the court where such criminal proceedings are instituted. (2) If it is by reason of the nature, bulk or value of the article in question impracticable or undesirable that the article should be delivered to the clerk of the court in terms of subsection (1), the clerk of the court may require the police official in charge of the investigation to retain the article in police custody or in such other custody as may be determined in terms of section 30(c). (a) The clerk of the court shall place any article received under subsection (1) in safe custody, which may include the deposit of money in an official banking account if such money is not required at the trial for the purposes of evidence. (b) Where the trial in question is to be conducted in a court other than a court of which such clerk is the clerk of the court, such clerk of the court shall – (i) transfer any article received under subsection (1), other than money deposited in a banking account under paragraph (a) of this subsection, to the clerk of the court or, as the case may be, the registrar of the court in which the trial is to be conducted, and such clerk or registrar of the court shall place such article in safe custody; (ii) in the case of any article retained in police custody or in some other custody in accordance with the provisions of subsection (2) or in the case of any money deposited in a banking account under paragraph (a) of this subsection, advise the clerk or registrar of such other court of the fact of such custody or such deposit, as the case may be. (1) The judge or judicial officer presiding at criminal proceedings shall at the conclusion of such proceedings, but subject to the provisions of this Act or any other law under which any matter shall or may be forfeited, make an order that any article referred to in section 33 – (a) be returned to the person from whom it was seized, if such person may lawfully possess such article; or (b) if such person is not entitled to the article or cannot lawfully possess the article, be returned to any other person entitled thereto, if such person may lawfully possess the article; or (c) if no person is entitled to the article or if no person may lawfully possess the article or, if the person who is entitled thereto cannot be traced or is unknown, be forfeited to the State. (2) The court may, for the purpose of any order under subsection (1), hear such additional evidence, whether by affidavit or orally, as it may deem fit. (3) If the judge or judicial officer concerned does not, at the conclusion of the relevant proceedings, make an order under subsection (1), such judge or judicial officer or, if he is not available, any other judge or judicial officer of the court in question, may at any time after the conclusion of the proceedings make any such order, and for that purpose hear such additional evidence, whether by affidavit or orally, as he may deem fit. (4) Any order made under subsection (1) or (3) may be suspended pending any appeal or review. (5) Where the court makes an order under paragraph (a) or (b) of subsection (1), the provisions of section 31(2) shall mutatis mutandis apply with reference to the person in favour of whom such order is made. (6) If the circumstances so require or if the criminal proceedings in question cannot for any reason be disposed of, the judge or judicial officer concerned may make any order referred to in paragraph (a), (b) or (c) of subsection (1) at any stage of the proceedings. (1) A court which convicts an accused of any offence may, without notice to any person, declare – (a) any weapon, instrument or other article by means whereof the offence in question was committed or which was used in the commission of such offence; or (b) if the conviction is in respect of an offence referred to in Part I of Schedule 2, any vehicle, container or other article which was used for the purpose of or in connection with the commission of the offence in question or for the conveyance or removal of the stolen property, and which was seized under the provisions of this Act, forfeited to the State: Provided that such forfeiture shall not affect any right referred to in subparagraph (i) or (ii) of subsection (4)(a) if it is proved that the person who claims such right did not know that such weapon, instrument, vehicle, container or other article was being used or would be used for the purpose of or in connection with the commission of the offence in question or, as the case may be, for the conveyance or removal of the stolen property in question, or that he could not prevent such use, and that he may lawfully possess such weapon, instrument, vehicle, container or other article, as the case may be. (2) A court which convicts an accused or which finds an accused not guilty of any offence, shall declare forfeited to the State any article seized under the provisions of this Act which is forged or counterfeit or which cannot lawfully be possessed by any person. (3) Any weapon, instrument, vehicle, container or other article declared forfeited under the provisions of subsection (1), shall be kept for a period of thirty days with effect from the date of declaration of forfeiture or, if an application is within that period received from any person for the determination of any right referred to in subparagraph (i) or (ii) of subsection (4)(a), until a final decision in respect of any such application has been given. (a) The court in question or, if the judge or judicial officer concerned is not available, any judge or judicial officer of the court in question, may at any time within a period of three years with effect from the date of declaration of forfeiture, upon the application of any person, other than the accused, who claims that any right referred to in subparagraph (i) or (ii) of this paragraph is vested in him, inquire into and determine any such right, and if the court finds that the weapon, instrument, vehicle, container or other article in question – (i) is the property of any such person, the court shall set aside the declaration of forfeiture and direct that the weapon, instrument, vehicle, container or other article, as the case may be, be returned to such person, or, if the State has disposed of the weapon, instrument, vehicle, container or other article in question, direct that such person be compensated by the State to the extent to which the State has been enriched by such disposal; (ii) was sold to the accused in pursuance of a contract under which he becomes the owner of such weapon, instrument, vehicle, container or other article, as the case may be, upon the payment of a stipulated price, whether by instalments or otherwise, and under which the seller becomes entitled to the return of such weapon, instrument, vehicle, container or other article upon default of payment of the stipulated price or any part thereof – (aa) the court shall direct that the weapon, instrument, vehicle, container or other article in question be sold by public auction and that the said seller be paid out of the proceeds of the sale an amount equal to the value of his rights under the contract to the weapon, instrument, vehicle, container or other article, but not exceeding the proceeds of the sale; or (bb) if the State has disposed of the weapon, instrument, vehicle, container or other article in question, the court shall direct that the said seller be likewise compensated. (b) If a determination by the court under paragraph (a) is adverse to the applicant, he may appeal therefrom as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result whereof the declaration of forfeiture was made, or against a sentence imposed as a result of such conviction. (c) When determining any rights under this subsection, the record of the criminal proceedings in which the declaration of forfeiture was made, shall form part of the relevant proceedings, and the court making the determination may hear such additional evidence, whether by affidavit or orally, as it may deem fit. (a) an offence was committed or is on reasonable grounds suspected to have been committed in a country outside the Republic; (b) there are reasonable grounds for believing that it will afford evidence as to the commission in a country outside the Republic of any offence or that it was used for the purpose of or in connection with such commission of any offence, the magistrate within whose area of jurisdiction the article was seized may, on application and if satisfied that such offence is punishable in such country by death or by imprisonment for a period of twelve months or more or by a fine of five hundred rand or more, order such article to be delivered to a member of a police force established in such country who may thereupon remove it from the Republic. (2) Whenever the article so removed from the Republic is returned to the magistrate, or whenever the magistrate refuses to order that the article be delivered as aforesaid, the article shall be returned to the person from whose possession it was taken, unless the magistrate is authorized or required by law to dispose of it otherwise. (1) For the purposes of this Chapter, unless the context indicates otherwise- (a) 'appropriate person' means any adult member of a child's family, or a care-giver of the child, which includes any person other than a parent or guardian who factually cares for a child, including- (ii) a person who cares for a child with the implied or express consent of a parent or guardian of the child; (iii) a person who cares for a child whilst the child is in temporary safe care; (iv) the person at the head of a child and youth care centre where a child has been placed; (v) the person at the head of a shelter; (vi) a child and youth care worker, who cares for a child who is without appropriate family care in the community; and (vii) a child at the head of a child-headed household, if such a child is 16 years or older; (aA) ‘authorised officer’ means the police officer commanding the Division responsible for forensic services within the South African Police Service, or his or her delegate; (i) with reference to photographic images, fingerprints or body-prints, any police official or a member of the Independent Police Investigative Directorate, referred to in the Independent Police Investigative Directorate Act, in the performance of his or her official duties; (ii) with reference to buccal samples, any police official or member of the Independent Police Investigative Directorate, referred to in the Independent Police Investigative Directorate Act, who is not the crime scene examiner of the particular case, but has successfully undergone the training prescribed by the Minister of Health under the National Health Act, in respect of the taking of a buccal sample; (c) 'body-prints' means prints other than fingerprints, taken from a person and which are related to a crime scene, but excludes prints of the genitalia, buttocks or breasts of a person; (cA) ‘bodily sample’ means intimate or buccal samples taken from a person; (cB) ‘buccal sample’ means a sample of cellular material taken from the inside of a person’s mouth; (d) 'child' means a person under the age of 18 years; (e) 'Child Justice Act' means the Child Justice Act, 2008 (Act No. 75 of 2008); (i) fingerprints, body-prints or photographic images, taken under any power conferred by this Chapter, against any database referred to in Chapter 5A of the South African Police Service Act; and (ii) forensic DNA profiles derived from bodily samples, taken under any power conferred by this Chapter, against forensic DNA profiles contained in the different indices of the NFDD referred to in Chapter 5B of the South African Police Service Act; (fA) ‘crime scene sample’ means physical evidence which is retrieved from the crime scene or any other place where evidence of the crime may be found, and may include physical evidence collected from the body of a person, including a sample taken from a nail or from under the nail of a person; (fB) ‘DNA’ means deoxyribonucleic acid which is a bio-chemical molecule found in the cells and that makes each species unique; (fC) ‘forensic DNA analysis’ means the analysis of sections of the DNA of a bodily sample or crime scene sample to determine the forensic DNA profile: Provided that this does not relate to any analysis pertaining to medical tests or for health purposes or mental characteristic of a person or to determine any physical information of the person other than the sex of that person; (fD) ‘forensic DNA profile’ means the results obtained from forensic DNA analysis of bodily samples taken from a person or samples taken from a crime scene, providing a unique string of alpha numeric characters to provide identity reference: Provided this does not contain any information on the health or medical condition or mental characteristic of a person or the predisposition or physical information of the person other than the sex of that person; (fE) ‘Independent Police Investigative Directorate Act’ means the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011); (fF) ‘intimate sample’ means a sample of blood or pubic hair or a sample taken from the genitals or anal orifice area of the body of a person, excluding a buccal sample; (fG) ‘National Health Act’ means the National Health Act, 2003 (Act No. 61 of 2003); (fH) ‘NFDD’ means the National Forensic DNA Database of South Africa, established in terms of section 15G of the South African Police Service Act; (g) 'South African Police Service Act' means the South African Police Service Act, 1995 (Act No. 68 of 1995). (2) Any police official who, in terms of this Act or any other law takes the fingerprints, a body-print or buccal sample or ascertains any bodily feature of a child must- (a) have due regard to the personal rights relating to privacy, dignity and bodily integrity of the child; (b) do so in a private area, not in view of the public; (c) ensure the presence of a parent or guardian of the child, a social worker or an appropriate person; and (d) treat and address the child in a manner that takes into account his or her gender and age. (3) Buccal samples must be taken by an authorised person who is of the same gender as the person from whom such sample is required with strict regard to decency and order. (4) Notwithstanding any other law, an authorised person may take a buccal sample or cause the taking of any other bodily sample with the consent of the person whose sample is required or if authorised under— (5) Any authorised person who, in terms of this Chapter or in terms of any other law takes a buccal sample from any person, must do so— (a) in accordance with the requirements of any regulation made by the Minister of Police; and (b) in a designated area deemed suitable for such purposes by the Departmental Heads: Police, Justice and Constitutional Development or Correctional Services in their area of responsibility.’ (a) person arrested upon any charge related to an offence referred to in Schedule 1; (b) person released on bail if such person's fingerprints were not taken upon arrest; (c) person upon whom a summons has been served in respect of any offence referred to in Schedule 1; (d) person convicted by a court and sentenced to a term of imprisonment without the option of a fine, whether suspended or not, if the fingerprints were not taken upon arrest; (e) person convicted by a court in respect of any offence, which the Minister has by notice in the Gazette declared to be an offence for the purposes of this subsection. (a) fingerprints to be taken of any person arrested upon any charge; or (b) fingerprints to be taken of a person deemed under section 57(6) to have been convicted in respect of any offence, which the Minister has by notice in the Gazette declared to be an offence for the purposes of this subsection. (3) The fingerprints taken in terms of this section must be stored on the fingerprint database maintained by the National Commissioner, as provided for in Chapter 5A of the South African Police Service Act. (a) the fingerprints taken on the previous occasion do not constitute a complete set of his or her fingerprints; (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching; or (c) the fingerprints taken were lost, misfiled or not stored on the database. (5) The fingerprints taken under any power conferred by this section, may be the subject of a comparative search. (a) Subject to paragraph (c), any fingerprints, taken under any power conferred by this section- (i) must upon the conviction of an adult person be retained on a database referred to in Chapter 5A of the South African Police Service Act; (ii) must, upon conviction of a child be retained on a database referred to in Chapter 5A of the South African Police Service Act, subject to the provisions relating to the expungement of a conviction and sentence of a child, as provided for in section 87 of the Child Justice Act; and (iii) in a case where a decision was made not to prosecute a person, if the person is found not guilty at his or her trial, or if his or her conviction is set aside by a superior court or if he or she is discharged at a preparatory examination or if no criminal proceedings with reference to such fingerprints or body-prints were instituted against the person concerned in any court or if the prosecution declines to prosecute, must be destroyed within 30 days after the officer commanding the Division responsible for criminal records referred to in Chapter 5A of the South African Police Service Act has been notified. (b) Fingerprints retained in terms of this section, may only be used for purposes related to the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution. (c) Subparagraphs (a)(i) and (ii) do not prohibit the use of any fingerprints taken under any powers conferred by this section, for the purposes of establishing if a person has been convicted of an offence. (d) Any person who, with regard to any fingerprints, body-prints or photographic images referred to in this Chapter- (i) uses or allows the use of those fingerprints, body-prints or photographic images for any purpose that is not related to the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution; or (ii) tampers with or manipulates the process or the fingerprints, body-prints or images in question; or (iii) falsely claims such fingerprints, body-prints or images to have been taken from a specific person whilst knowing them to have been taken from another person or source, is guilty of an offence and liable on conviction to imprisonment for a period not exceeding 15 years. (7) The National Commissioner must destroy the fingerprints of a child upon receipt of a Certificate of Expungement in terms of section 87(4) of the Child Justice Act. (8) Subsection (1)(d) applies to any person convicted of any crime, irrespective of the sentence, including- (a) any person serving such a sentence at the time of the commencement of this section; and (b) where applicable, any person released on parole in respect of such a sentence, irrespective of the fact that such a person was convicted of the offence in question, prior to the commencement of this section. (1) Any police official may without warrant take fingerprints or body-prints of a person or a group of persons, if there are reasonable grounds to- (a) suspect that the person or that one or more of the persons in that group has committed an offence referred to in Schedule 1; and (b) believe that the prints or the results of an examination thereof, will be of value in the investigation by excluding or including one or more of those persons as possible perpetrators of the offence. (a) be examined for the purposes of the investigation of the relevant offence or caused to be so examined; and (b) be subjected to a comparative search. (a) Subject to paragraph (c), any fingerprints or body-prints, taken under any power conferred by this section- (i) must upon the conviction of an adult person be retained on a database referred to in Chapter 5A of the South African Police Service Act; (ii) must, upon conviction of a child be retained on a database referred to in Chapter 5A of the South African Police Service Act, subject to the provisions relating to the expungement of a conviction and sentence of a child, as provided for in section 87 of the Child Justice Act; and (iii) in a case where a decision was made not to prosecute a person, if the person is found not guilty at his or her trial, or if his or her conviction is set aside by a superior court or if he or she is discharged at a preparatory examination or if no criminal proceeding with reference to such fingerprints or body-prints were instituted against the person concerned in any court or if the prosecution declines to prosecute, must be destroyed within 30 days after the officer commanding the Division responsible for criminal records referred to in Chapter 5A of the South African Police Service Act has been notified of such event as referred to in this paragraph. (b) Fingerprints or body-prints which may be retained in terms of this section, may only be used for purposes related to the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution. (c) Subparagraphs (a)(i) and (ii), does not prohibit the use of any fingerprints or body-prints taken under any powers conferred by this section, for the purposes of establishing if a person has been convicted of an offence. (d) The fingerprints or body-prints referred to in paragraph (a) must be stored on the database maintained by the National Commissioner, as provided for in Chapter 5A of the South African Police Service Act. (e) The National Commissioner must destroy the fingerprints of a child upon receipt of a Certificate of Expungement in terms of section 87(4) of the Child Justice Act. 36D The 1997 Criminal Code of the People's Republic of China The 1997 Criminal Code of the People's.

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