Criminal procedure
INSTITUTION OF CRIMINAL PROCEEDINGS
Generally there are two ways in which criminal proceedings are instituted in subordinate Court.
1. Laying a complainant in a court in terms of section 128(1) of the Criminal Procedure Act.
2. By bringing the accused person before magistrates in terms as per section 128(1) of the Criminal Procedure Act.
Meaning of complaint.
Section 2 of the Criminal Procedure Act defines "complaint" to means an allegation that some person known or unknown, has committed an offence. In other words entails a statement of facts surrounding allegation that a crime has been committed.
WHO MAY MAKE A COMPLAINT?.
A complaint may be made by any person provided that such person has reasonable and probable cause to believe that an offence has been committed. This is provided for under section 128(2) of the Criminal Procedure Act. In terms of section 128(2) of the Criminal Procedure Act the complaint must b...
