n Stellenbosch Law Review = Stellenbosch Regstydskrif - Strafverydeling en diepliggende konflikdilemmas : opmerkinge oor die menslikheidsbegrensing van die strafreg

Volume 15, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This article investigates the relevance and applicability of section 258(6) of the German Criminal Code in South African criminal law. Section 258(6) absolves certain specified categories of family members from liability for the crime of defeating the course of justice. A general defence of this nature does not exist in South African law nor in Anglo-American legal systems generally. The section 258(6) defence is founded purely on humanitarian considerations. It is argued that a similar defence should be introduced in South African criminal law. This can be accomplished in various ways.

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