The South African Criminal Law provides rules and procedures to regulate citizens’ behaviour. If you perform an illegal act, you will be punished for the law that you broke. The Criminal Law doesn’t only regulate citizens’ behaviour, it also protects your rights if you have criminal charges against you, or are guilty of a crime. These rights are explained in the Bill of Rights of the Constitution, as well as the Criminal Procedure Act. A criminal lawyer can protect you and make sure that the sentence fits the crime. If you are guilty of a crime, you will be charged, but with the right defence, the charge can be mitigated or adapted to fit the crime and your existing criminal record, if you have one.
Your rights
Here are some of the rights that you have even if you are guilty:
- You have the right to privacy – you cannot be forced to undergo any test or search that invades your privacy.
- In most situations, you have the right not to be forced to give any bodily evidence like blood or hair without your consent.*
- You have the right to apply for bail, depending on the severity of the crime you are suspected of.
- If you have been found guilty by criminal court, you have the right to ask for mitigation to get a less harsh sentence, if you have solid proof showing why you should get a less harsh sentence.
- You have the right to speak to your lawyer first before you answer any of the police’s questions.
- If you are wrongfully arrested or you or your property is searched, you can make a case against the police.
The above are only a few of the rights that you have as a person guilty of a crime. The Constitution as well as the Criminal Procedure Act ensures that you are protected, and if anyone acts against the criminal law, you are also protected.
It is best to try to remain on the right side of the law, but remember that if you are guilty of a crime, you still have rights and you can strike back legally if necessary.
For more information on Criminal Law, contact your Scorpion lawyer or visit the South African Police Service’s website at www.saps.gov.za. Scorpion Legal Protection can assist policyholders with queries on Criminal Law.
*This is not always the case; it depends on the severity of the crime you are suspected of. If you are suspected of a crime such as sexual assault or drunk driving, you will be required to provide the police with certain bodily evidence as proof.
(Please note: This is only general advice and should not be relied on solely. The law is complicated and there are many influencing factors that can change the above).