PRESENTATION ON CHOOSING A CRIME

Mumbi SC
What is a crime?
A crime is an action or omission which constitutes an offence an is punishable by law
What is an offence?
It is:
an unlawful act,
an illegal act,
a breach/violation/infraction of the law,
a misdemeanor,
a misdeed,
a wrong,
a felony,
a violation,
a transgression,
a fault
an injury
Cont/
A criminal code or penal code is a document which compiles all, or a significant
amount of, particular jurisdiction’s criminal law
Cap 87 is the Penal code for Zambia
 Offences may be under any other written law (Sec 5 of CPC )
(cite sections in the Teaching Profession Act that give offences that can be
committed)
Criminal prosecution involves the government deciding whether to punish an
individual for either an act or an omission.
What is prosecution?
This is the institution of legal proceedings in a court of law against some one in
respect of a criminal charge
The prosecution is the legal is the legal party responsible for presenting the case
in a criminal trial against an individual accused of breaking the law
Cont/
The prosecutor has three main tasks:
to investigate crimes
to decide whether or not to instigate legal proceedings and
to appear in court to prove that the suspect has committed a
crime
Court proceedings in Zambia are conducted through the Criminal
Procedure Code Cap 88 of the Laws of Zambia
Instituting criminal proceedings
Criminal proceedings may be instituted by a person by presenting a
charge sheet in the magistrates court and/or an indictment or an
information in the High Court.
The charge sheet comprises
the bio data of the accused
the statement of the offence and
the particulars of the offence