Does South African criminal law need a defense against entrapment?Criminal law is that branch of national law which defines certain forms of human conduct as crimes and provides for sanctions of those who have committed a crime illegally and with a guilty spirit.1 The accused cannot defend successfully, his conduct is illegal. If he meets the other requirements of criminal responsibility, he is liable for the crime committed. If he can defend himself, he should be acquitted. Whether entrapment is such a defense has not been determined by the South African courts.3 "the planning of an offense by an officer, and his procuring to commit it by someone who would not have perpetrated it except by deception, persuasion or fraud of the officer". 4There is currently debate as to whether South Africa needs a defense against entrapment. In South Africa, where the crime rate is relatively high5 crime fighting and crime prevention? The entrapment defense is created primarily by American courts, but New Zealand, Canada and Australia are also developing policies on this issue. In this article I will explain why South Africa does not need an entrapment defence. I will examine the defense from entrapment in the United States in chapter 1, since they are the founding fathers. Before we can determine whether South Africa needs an entrapment defense, it is interesting to discuss the different approaches. I will discuss the American approach in chapter 1, the Dutch approach in chapter 2 and the South African approach in chapter 3. Next I will discuss in chapter 3 whether entrapment violates human rights and in chapter 4 I will discuss the.... .. half of the card ......human rights violation. A good example is the entrapment in the bicycle theft case in the Netherlands. There has been much discussion about this method of trapping. The Supreme Court has decided that this method is legal and statistics reveal that it prevents crimes. I think a better solution to solve the entrapment problem is to exclude the evidence, which is already regulated by law, and in the "worst case scenario" the inadmissibility of the prosecutor as seen in the Netherlands. This is a better solution because the accused will not be found guilty, but will be acquitted from any further legal proceedings because a mistake was made. This does not imply that the conduct of the accused was lawful, but rather that a fault was committed by the police. This is an added value for the sense of justice.
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