Criminal Law
Acquittal
An acquittal is a court finding that an accused person is not guilty of the charge. After acquittal, the person cannot be tried again for the same offence (double jeopardy).
Legal Definition
A finding of not guilty by a court, either at the end of a trial or after a discharge application at the close of the state's case (s174 of the CPA). An acquitted person is legally innocent and cannot be prosecuted again for the same offence.
📖 Constitutional / Statutory Basis: Section 35(3)(m) (protection against double jeopardy), Constitution of the Republic of South Africa, 1996; Criminal Procedure Act 51 of 1977 s174
Practical Example
After the prosecution presents its evidence, the defence brings a s174 application arguing the state failed to make a case. The magistrate discharges the accused — this is an acquittal.
Frequently Asked Questions
Can the state appeal an acquittal?
Yes, but only on a question of law. The state cannot appeal on the facts — this protects the accused's constitutional right against being tried twice.
Is an acquittal the same as being found innocent?
Legally yes — the accused is presumed innocent and that presumption has not been rebutted. It does not mean the court found the accused did not commit the act.
What is a s174 discharge?
At the close of the state's case, the defence can apply for discharge if there is insufficient evidence. If granted, the accused is acquitted without having to testify.
Related Terms
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