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CPR3701 - Second semester ASS 1,2,3 memo

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Question 1: (1)  Substantive law comprises of a body of law determining the rights and duties of individuals and the state which the courts are established to administer.  Substantive criminal law, for instance, determines the prerequisites for criminal liability (like unlawfulness, fault) and prescribes the elements of various specific crimes (like theft, fraud or murder).  It also attaches a sanction to breach of its prohibitions. But the mere threat of criminal sanctions would serve little purpose unless;  Measures/rules are established to enforce the rules of substantive criminal law. These measures/rules are provided by adjectival law.  Adjectival law is accessory in nature to substantive law and sets the rules to which substantive law is administered. The rules of criminal procedure form that part of adjectival law which provides a method for enforcing or maintaining rights or obtain redress for their intrusion.

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CPR3701 - Second semester ASS 1,2,3 memo









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University of South Africa
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CPR3701 - Second semester ASS 1,2,3 memo

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