CRIMINAL LAW
I need a lawyer
Situations in life happen and suddenly you find yourself in a position where you have to say “I need a lawyer”. Leeuwner Maritz Attorneys can assist you
1. DEFINITION:
South African Criminal Law – This is the body of our National Law relating to crime in South Africa. Crime involves the infliction of harm against society and punishment remissible by the state alone.
2. OUR EXPERTISE:
Our criminal attorneys have 43 combined years of practical experience in criminal investigation and litigation.
Our department head inter alia served as a Colonel in the South African Police Services with in excess of 20 years experience in criminal investigation, interrogation and prosecution.
Our expertise includes:
- Bail applications;
- Pre-trial, Trial and Post-trial representation;
- Appeal representation; and
- Civil claims against the State (e.g. unlawful arrest and detention / unlawful assault)
3. CRIMINAL LIABILITY:
In South Africa the State accuses and the accused defends.
“actus non facit reum nisi mens sit rea” – an Act is not unlawful unless there is a guilty mind.
The State must prove, beyond a reasonable doubt, that an accused has committed:
- Voluntarily conduct (this excludes inter alia automatism like epilepsy, blackouts and extreme intoxication) which is unlawful (this excludes inter alia private defence and impossibility); with
- Criminal capacity; and
- Fault (intention / negligence).
