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S v Francis
''S v Francis'' is an important case in South African criminal law. It deals with that subdivision of the principle of legality known as the ''ius acceptum'' rule in statutory crimes: the rule stipulating that a court may convict an accused of a crime only if the type of act which he committed is recognised by the law—in this instance the statutory law as a crime.〔Snyman ''Casebook'' 25.〕
== Facts ==
The accused, who had been an inmate of a rehabilitation centre, was charged with having absconded from the centre: that is, of having run away from the centre without the permission of the superintendent of the centre. The State charged the accused with contravening a certain regulation,〔Regulation 84(j).〕 promulgated in terms of an Act of 1971 which dealt with rehabilitation centres. This regulation made it clear that the act which the accused had allegedly committed constituted a crime. In 1992, however, the 1971 Act, as well as the regulations promulgated in terms of it, was repealed and replaced by a new Act, which dealt with the same topic. The 1992 Act contained no provisions creating crimes: that is, no provision stating clearly that a certain act or failure to comply with a certain provision in the Act or any regulation constituted a crime.
The accused's alleged absconding from the rehabilitation centre took place in 1993. At that time the 1971 Act was no longer in force; it had been replaced by the 1992 Act. The question the court had to decide was whether there existed any crime under which the accused could be charged.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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