n Malawi Law Journal - The unconstitutionality of the offence of possession of property reasonably suspected of being stolen
|Article Title||The unconstitutionality of the offence of possession of property reasonably suspected of being stolen|
|© Publisher:||University of Cape Town|
|Journal||Malawi Law Journal|
|Affiliations||1 University of Cape Town|
|Publication Date||Jan 2010|
|Pages||163 - 182|
This article is an exposition of section 329 of the Malawian Penal Code which renders a person liable to punishment if he or she fails to give a satisfactory explanation of his or her possession of property reasonably suspected of being stolen. It critiques the nature and elements of this offence and argues that the offence is unconstitutional, because it severely impinges upon the doctrine of the rule of law, especially the principle of legality, and the right to a fair trial, particularly the presumption of innocence and the right to remain silent. Since this offence is neither necessary nor reasonable in a free and democratic society, it is argued that it should be decriminalised.
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