CRIMINAL PROCEDURE AND EVIDENCE ACT
369 Evidence in connection with awards and orders
For the purpose of determining—
(a) the entitlement of an injured party to have an award or order made in his favour in
terms of this Part; or
(b) the liability of a convicted person to have an award or order made against him in terms
of this Part; or
(c) the amount of compensation payable in terms of this Part;
a court may refer to the proceedings and evidence at the trial or receive further evidence whether documentary or verbal.
370 No payment of security de restituendo where court makes award against
accused
Where a court makes an award or order in terms of this Part it shall not require the injured
party to give security for the repayment of the compensation or the return of the property.
[Section substituted by s. 4 of Act No. 5 of 2011]
371 Liability under awards and orders to be joint and several
Where a court makes an award or order in terms of this Part against two or more convicted
persons, their liability under the award or order shall be joint and several, unless in any particular case the court orders otherwise.
372 Enforcement of awards and orders
(1) No later than thirty days after an award or order is made in terms of this Part by a court,
any interested party shall, unless the accused has earlier complied with the award or order,
lodge a copy of the award or order with the clerk or registrar of the court that made the award
or order or, if that court has no civil jurisdiction, with the clerk of a court within the same
province having civil jurisdiction or the nearest High Court registry, as the case may be:
Provided that if the award or order is not registered within the period allowed, the interested
party must apply to the registering court showing good cause why the period should be extended in his or her favour.
(2) Upon lodgement of a copy of an award or order in terms of subsection (1) the clerk or
registrar shall record the award or order, and thereupon the award or order shall have the same
effect as a civil judgment of the court given against the person who is named in the order as
being liable to pay the compensation or restore the property, as the case may be.
(3) Where an accused against whom an award or order is made in terms of this Part appeals
against his or her conviction, sentence or both, such appeal shall—
(a) not be regarded as an appeal against the award or order, even if the execution of the
sentence is suspended conditionally upon payment of the compensation or restitution
of the property required by the award or order; and
(b) not suspend or affect the award or order even if such appeal is successful.
(4) Where an accused against whom an award or order is made in terms of this Part appeals
against the award or order such appeal shall—
(a) be made only after the award or order is registered in terms of subsection (1) or, if no
such registration is made within the period there provided, not earlier than thirty days
from the date when the award or order is made; and
(b) be lodged in the court where the award or order is made or, where the award or order
is registered in a different court, in that court.
[Section substituted by s. 4 of Act No. 5 of 2011]
373 Payment of award out of moneys taken from or held on behalf of
convicted person
Where—
(a) moneys have been taken from a person upon his arrest or search in terms of any law; or
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