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.
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