Criminal Procedure Code at Namibia
Namibia's criminal justice system is governed by the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which provides the legal framework for the investigation, prosecution, and trial of criminal offenses in the country. The Act outlines procedures for the administration of criminal justice, including the powers of the police, the rights of the accused, and the conduct of trials.
⚖️ Key Provisions of the Criminal Procedure Act, 1977
1. Investigation and Arrest
Arrest Without Warrant: Section 40 allows a peace officer to arrest without a warrant any person who commits an offense in the officer's presence or if the officer has reasonable grounds to believe that the person has committed an offense.
Search and Seizure: Sections 20 to 25 empower peace officers to search premises and seize items related to the commission of an offense, subject to legal safeguards.
2. Rights of the Accused
Right to Legal Representation: Section 73 ensures that an accused person has the right to be represented by a legal practitioner of their choice.
Bail: Section 58 provides for the granting of bail, allowing an accused person to be released from custody pending trial, subject to certain conditions.
3. Trial Procedures
Arraignment: Section 119 outlines the process of arraigning an accused person, including reading the charge and recording the plea.
Conduct of Trial: Sections 170 to 204 detail the procedures for the conduct of trials, including the examination of witnesses, the presentation of evidence, and the powers of the court.
4. Sentencing
Types of Sentences: Section 276 specifies the types of sentences that may be imposed, including imprisonment, fines, and corporal punishment.
Concurrent and Consecutive Sentences: Section 280 allows a court to impose multiple sentences that may run concurrently or consecutively, depending on the circumstances.
5. Appeals and Reviews
Appeals: Section 304 provides for the right of an accused person to appeal against conviction and sentence to a higher court.
Review: Section 303 allows for the review of decisions made by lower courts to ensure fairness and legality.
📄 Accessing the Full Text
The full text of the Criminal Procedure Act, 1977 is available through the Namibian Legal Information Institute (NamibLII):
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