1887

n Tydskrif vir die Suid-Afrikaanse Reg - Wederregtelikheidsbewussyn as misdaadvereiste in 'n liberale en plurale regstaat : stel die onderwerping van 'n persoon aan strafsanksies onregmatige uitoefening van staatsgesag daar?

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Abstract


This article investigates the modern status of the maxim in criminal law. It is pointed out that Anglo-American legal systems, with few exceptions, still adhere strictly to this maxim. In German law constitutes a defence only if ignorance of the law was unavoidable. Unavoidability is determined with specific reference to the individual competencies, abilities and circumstances of the accused. Since 1977 is a complete defence on a criminal charge in South Africa. In support of this approach, it is maintained that subjecting a person to criminal sanctions amounts to the illegitimate execution of state power. The approach in German criminal law can therefore be supported only to the extent that unavoidable ignorance of the law covers the same ground as in South African criminal law.

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/content/ju_tsar/2003/4/EJC54872
2003-01-01
2016-12-05
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