n South African Journal of Criminal Justice - Should a dead person forfeit bail money? A discussion of 2012 (2) SACR 212 (GSJ) : comments

Volume 25, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The case of 2012 (2) SACR 212 (GSJ) is a case concerning the interpretation of section 67 of the Criminal Procedure Act 51 of 1977 (CPA) which deals with the situation where an accused defaults on his bail conditions. In this case, it was impossible for the accused to appear in court as required, because he was dead. The issue was whether the bail money which had been paid on his behalf should be returned, or whether it should be declared forfeited to the state.

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