Masters Degrees (DPPL)

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Alternative to state dominated criminal prosecution in Namibia
(2007) Uanivi, Uaatjo
Criminal proceedings, in general, are proceedings which in substance are of a criminal nature, and not of a civil nature and include, inter alia, applications for a stay of prosecution and release from detention, etc. The constitution of the Republic of Namibia protects the rights of all persons including the rights of victims of crime which are also recognised in the United Nations Declaration of Basic Principle of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly in Resolution 40/34 of 29 November 1985. This protection covers rights impaired by the State and/ or individual persons, acts or omissions that are in violation of criminal laws and/or any other law operative and enforceable in Namibia. These rights have to be respected and protected by all organs of government involved in the judicial process, from the moment of the commission of the crime or offence up to and including the completion of the judicial process and/or quasi-judicial process related thereto. Hence, the need to have checks and balance mechanisms with respect to state power and functions in the prosecution process. We have very often witnessed white-collar crimes not being prosecuted in Namibia.