Question: Is Theft A Criminal Offence In South Africa?

What happens if you plead guilty to theft?

If you plead guilty, you will have a conviction for theft on your permanent criminal record forever and it can never be expunged (removed).

This conviction will keep you from getting a job, renting an apartment, or getting a loan.

You need to hire an attorney to represent you..

What is the most common type of theft?

Highlights: Financial identity theft is the most common type of identity theft.

Is stealing a criminal Offence?

Criminal theft is a general term that refers to crimes involving the taking away of personal property, without the owner’s consent. These crimes are prosecuted by the state, and if found guilty, a person could receive punishment consisting of fines, prison time, and/or community service.

What are the four basic elements of theft?

In order to be convicted of larceny, the court must prove that all the following elements of the law have been met:[1] Wrongful Taking. … [2] Carrying Away. … [3] Personal Property. … [4] Property of Another Person. … [5] Taken Without Consent. … [6] With Intent to Steal.

What are the elements of theft in South Africa?

The author reminds us at 484 that the elements of the crime of theft are the following: “(a) an act of appropriation; (b) in respect of a certain type of property; (c) which takes place unlawfully (wederregtelik) and (d) intentionally (including an intention to appropriate).” (my emphasis and translation.)

How long does a criminal record last for theft in South Africa?

10 yearsa period of 10 years has passed after the date of the conviction for that offence.

Can a wife be charged with theft?

During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.

Can you go to jail for stealing from your job?

If you’re lucky, you’ll be able to repay what you’ve stolen and walk away from the situation altogether, but if the company decides to seek criminal justice, you could be facing jail time. … However, most often than not, if you do whatever your employer suggests, you can avoid criminal charges for petty theft.

What evidence is needed for theft?

For example evidence can be given through eyewitness testimony, physical evidence, forensic evidence, expert testimony or a case can be proven by circumstantial evidence. You do not have to prove anything, you are presumed innocent and the State must prove if they can the charges against you beyond a reasonable doubt.

What is an example of theft?

Theft is defined as the unlawful assumption of another person’s property, with the intent to permanently deprive that person of their property. … Examples include carjacking and grand theft auto. Depending on how and why the crime occurred, it can be charged as a misdemeanor or felony.

What is the punishment for theft in South Africa?

The maximum penalty for theft is 10 years imprisonment. However, the maximum penalty is extended to 15 years imprisonment if you commit this offence in aggravating circumstances (e.g. you steal from a child under 12 years old or a person over 60 years old).

What are the 5 elements of theft?

This offence falls under the Theft Act of 1968, and has five main elements that are used to establish it as a criminal offence. These are: appropriation, property, property belonging to another, dishonesty, and the intention to permanently deprive.

What are the most common crimes in South Africa?

Common crimes include murder, rape, armed robbery, carjacking, home invasion, property theft, smash and grab, and ATM robbery. Armed robbery is the most prevalent major crime in South Africa, most often involving organized gangs armed with handguns and/or knives.

Is stealing a sin?

Therefore, theft is a mortal sin. … Now through theft a man inflicts harm on a neighbor in his possessions, and if men were to steal from one another indiscriminately, human society would perish. Hence, theft, as contrary to charity, is a mortal sin.

What category of crime is theft?

In most states, these two crimes are now incorporated within the broader crime of larceny and the term “theft crime” is used to represent different types of property crimes, including larceny, robbery, burglary, shoplifting and auto theft.