CRIMINAL PROCEDURE AND EVIDENCE ACT 310 Evidence on charge relating to seals and stamps On the trial of a person charged with any offence relating to any seal or stamp used for purposes of the public revenue or of the post office in any foreign country, a dispatch from the officer administering the government of such country, transmitting to the President any stamp, mark or impression and stating it to be a genuine stamp, mark or impression of a die, plate or other instrument provided, made or used by or under the direction of the proper authority of such country for the purpose of denoting any stamp duty or postal charge, shall be admissible as evidence of the facts stated in the dispatch, and the stamp, mark or impression so transmitted may be used by the court or witnesses for the purposes of comparison. L. Miscellaneous matters relating to evidence in criminal proceedings 311 Impounding documents When any instrument which has been forged or fraudulently altered is admitted in evidence, the court, judge or person who admits the instrument may, at the request of the State or of any person against whom it is admitted in evidence, direct that it shall be impounded and kept in the custody of some officer of the court or other proper person for such period and subject to such conditions as to the court, judge or person admitting the instrument seems fit. 312 Cutting counterfeit coin If any false or counterfeit coin is produced on any trial for an offence against currency or coin, the court shall order the same to be cut in pieces in open court or in the presence of a magistrate, and then delivered to or for the lawful owner thereof if such owner claims the same. 313 Unstamped instruments admissible in criminal cases Any instrument liable to stamp duty shall be admitted in evidence in any criminal proceedings, although it may not be stamped as required by law. 314 Admissions of fact (1) In any criminal proceedings the accused or his legal representative or the prosecutor may admit any fact relevant to the issue and any such admission shall be sufficient evidence of that fact. (2) If he considers it desirable for the purpose of clarifying the facts in issue or for obviating the adduction of evidence on facts which do not appear to be in dispute, the judge or magistrate may, during the course of a trial and on application by the prosecutor, the accused or his legal representative ask the accused or his legal representative or the prosecutor, as the case may be, whether any fact relevant to the issue is admitted in terms of this section. [Subsection as amended by s. 28 of Act No. 9 of 2006] (3) Subject to this Act, an accused who is not represented by a legal practitioner shall be warned that he is not obliged to make any admission. 315 Presumption that accused possessed particular qualification or acted in particular capacity If an act or omission constitutes an offence only when committed by a person possessing a particular qualification or vested with a particular authority or acting in a particular capacity, a person charged with such offence upon an indictment, summons or charge alleging that he possessed such qualification or was vested with such authority or was acting in such capacity shall, at his trial, be deemed to have possessed such qualification or to have been vested with such authority or to have been acting in such capacity at the time of the commission of the alleged offence, unless he has denied that allegation within three days of notice being served upon him calling upon him to admit it: Provided that if after the prosecutor has closed his case the allegation is denied or evidence is led to disprove it, the prosecutor may adduce any evidence and submit any argument in support of the allegation as if he had not closed his case. 115

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