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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'Invisible alternatives' in east en central Africa
Author:Morgan, David GwynnISNI
Year:1981
Periodical:Journal of African Law
Volume:25
Issue:1
Pages:14-35
Language:English
Geographic terms:Kenya
Tanzania
Zambia
Malawi
Subject:criminal procedure
Abstract:This article is concerned with the situation when,at the end of the prosecution or defence case, in a criminal trial, it emerges that the accused is not guilty as charged but that he has certainly committed a criminal offence of a similar type to the offence charged. To meet this difficulty, in east and central Africa the 'invisible alternative' has been created. Under this arrangement, if the facts proved before a court fail to establish the offence charged, but do constitute some other offence, then, in certain circumstances, the court is empowered to convict for the other offence. As a result of the common origin of the Criminal Procedure Codes of Zambia, Malawi, Kenya and mainland Tanzania, the provisions authorising conviction for invisible alternatives in each of these codes are virtually the same. Statutory invisible alternative provisions are dealt with in sections 181 and 182 of the Zambian Code. This article deals with: Section 181 - Difference between Section 181 (1) and (2) - Procedure - Autrefois Acquit. Notes, sum.
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