Alternative to state dominated criminal prosecution in Namibia
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Date
2007
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Abstract
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.
Description
Thesis submitted in partial fulfillment of the requirements for the degree of master of laws
Keywords
Criminal procedure