oa Codicillus - Fact finding, fairness and judicial participation in criminal proceedings



In any criminal procedural system, be it mixed or pure, jurisprudence gives shape to the relationships among procedural fairness, factual truth, justice, effective adjudication and integrity. Accusatory and inquisitorial systems tend to emphasise different values and different aspects of these values. The author discusses the murder charge against Mr Pieter Viljoen, highlighting the manner in which truth seeking and effectiveness in adjudication were undervalued not only in the course of the bail hearings but also at his trial before South African courts.


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