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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Apply the general principles of criminal law 
SAQA US ID UNIT STANDARD TITLE
253974  Apply the general principles of criminal law 
ORIGINATOR
SGB Resolving of Crime 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Safety in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  8 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard replaces: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
117449  Apply the general principles of criminal law to the investigation of crime  Level 5  Level TBA: Pre-2009 was L5  8   

PURPOSE OF THE UNIT STANDARD 
This Unit Standard is for learners who need to apply the general principles of criminal law in the application of their duties during investigations. During the application of their duties the learner will be able to analyse the elements of a crime in a given scenario, determine categories of participants in the commission of offences, recognize incomplete conduct as well as differentiate between crimes related to persons, property, state, administration and community. This unit standard intends to inform learners about the general principles of criminal law as opposed to speciliast knowledge of criminal law.

A person credited with this unit standard will be able to:
  • Describe the element of legality.
  • Evaluate the element of conduct.
  • Evaluate the element of unlawfulness.
  • Assess the element of culpability.
  • Apply the categories of participants to the commission of offences.
  • Determine criminal liability for incomplete conduct.
  • Apply the elements of crime in relation with the crime against persons, property, state administration and community. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
  • Mathematic literacy NQF Level 4.
  • Communication NQF Level 4. 
    		•

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Describe the principle of legality. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The principle of legality is defined in terms of criminal law. 

    ASSESSMENT CRITERION 2 
    The rules of the principle of legality are summarised as stated in criminal law. 

    SPECIFIC OUTCOME 2 
    Evaluate the element of conduct. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Functions of the act, conduct or omission are summarised as stated in criminal law. 

    ASSESSMENT CRITERION 2 
    Differences between voluntary and involuntary conduct are distinguished in relation to the conduct. 

    ASSESSMENT CRITERION 3 
    Differences between absolute force and relative force are distinguished in relation to the conduct. 

    ASSESSMENT CRITERION 4 
    Situations in which it is generally acknowledged that there is a legal duty on a person to act positively are provided with examples. 

    ASSESSMENT CRITERION 5 
    Requirements for the defense of impossibility to succeed are assessed with examples. 

    ASSESSMENT CRITERION 6 
    The principles of causation theories are evaluated in order to determine whether the specific actions of a person caused the result as stated in criminal law. 

    SPECIFIC OUTCOME 3 
    Evaluate the element of unlawfulness. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Grounds of justification are evaluated in line with the elements of unlawfulness. 

    ASSESSMENT CRITERION 2 
    The concept of "unlawfulness" is described in relation to criminal law. 

    ASSESSMENT CRITERION 3 
    Factors not amounting to grounds of justification are summarised in relation to the element of unlawfulness. 

    SPECIFIC OUTCOME 4 
    Assess the element of culpability. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Factors which indicates a persons capacity to act are evaluated in order to be criminally liable. 

    ASSESSMENT CRITERION 2 
    Factors which indicates that a persons capacity not to act are evaluated in order to be criminally liable. 

    ASSESSMENT CRITERION 3 
    The forms of intention are assessed in order to implicate the accused for investigative purposes. 

    SPECIFIC OUTCOME 5 
    Apply the categories of participants to the commission of offences. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Categories of participants in the commission of an offence are identified in line with the requirements of criminal law. 

    ASSESSMENT CRITERION 2 
    The actions taken by the participants are evaluated in order to categorise persons. 
    ASSESSMENT CRITERION RANGE 
    Categorises referred to are perpetrators, co perpetrators, accomplice or an accessory after the fact.
     

    SPECIFIC OUTCOME 6 
    Determine criminal liability for incomplete conduct. 
    OUTCOME RANGE 
    Incomplete conduct is a technical law enforcement and legal term which indicates a person's attempt to commit a crime which was not followed through. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Types of attempts are identified in line with its respective definitions. 

    ASSESSMENT CRITERION 2 
    The requirements for the conduct are evaluated in order to determine if it constitutes a crime of conspiracy. 

    ASSESSMENT CRITERION 3 
    The requirements for the conduct are evaluated in order to determine if it constitutes a crime of incitement. 

    SPECIFIC OUTCOME 7 
    Apply the general principles of criminal law to a given case study. 
    OUTCOME RANGE 
    Given case studies referred to crimes against persons and property and administration of justice and the community. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The principle of legality is applied. 

    ASSESSMENT CRITERION 2 
    The element of conduct is applied. 

    ASSESSMENT CRITERION 3 
    The element of unlawfulness is applied. 

    ASSESSMENT CRITERION 4 
    The element of culpability is applied. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Any individual who wishes to be assessed against this unit standard (including assessment of RPL) may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA. Assessors must be competent in the outcome of the Unit Standard.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the moderation guidelines in the relevant qualification and the relevant ETQA procedures. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Principle of legality.
  • Rules of the principle of legality.
  • Element of conduct.
  • Functions of the act, conduct or omission.
  • Voluntary and involuntary conduct.
  • Absolute force and relative force.
  • Defense of impossibility to succeed.
  • Causation theories.
  • Element of unlawfulness.
  • Grounds of justification.
  • Element of culpability.
  • Factors, which indicates a person's capacity to act.
    > Factors indicates that a persons capacity not to act.
  • Forms of intention.
  • Categories of participants to the commission of offences.
  • Perpratrators, accomplice or an accessory after the fact.
  • Criminally liability for incomplete conduct.
  • Different forms of attempt.
  • Crime of conspiracy. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems in which responses display that responsible decisions, using critical thinking, have been made. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, group, organization or community. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsibly and effectively. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical, and/or language skills in the modes of written and/or oral presentation. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems by recognizing that problem-solving contexts do not exist in isolation. 

    UNIT STANDARD ASSESSOR CRITERIA 
  • Must be competent in the outcomes of this unit standard.
  • Must have well-developed subject matter expertise.
  • At least 5 years practical experience.
  • Must be a registered assessor with the relevant ETQA. 
    		•

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    This unit standard replaces unit standard 117449, "Apply the general principles of criminal law to the investigation of crime", Level 5, 8 credits. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  90657   National Certificate: Prosecuting  Not Applicable  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 
    Fundamental  59989   National Certificate: Resolving of Crime  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered"     		 2016-06-30  SAS SETA 
    Elective  78143   Further Education and Training Certificate: Military Operations  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 
    Elective  66869   National Certificate: Home Affairs Services  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  PSETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. AFRIC POLICING INSTITUTE 
    2. BROOKLYN CITY COLLEGE (PTY) LTD RUSTENBURG CAMPUS 
    3. DAM SCHOOL OF POLICING 
    4. DAM SCHOOL OF POLICING POLOKWANE 
    5. DAM SCHOOL OF POLICING PRETORIA 
    6. DECENTRALISED TRAINING DURBAN 
    7. HJN TRAINING CC 
    8. HUMAN RESOURCE DEVELOPMENT CENTRE: EAST RAND 
    9. HUMAN RESOURCE DEVELOPMENT CENTRE: VAALRAND 
    10. JEPPE COLLEGE OF COMMERCE AND COMPUTER 
    11. SA ARMY GYMNASIUM 
    12. SA POLOCE SERVICE 
    13. SHEPPERD ACADEMY 
    14. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION 
    15. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION INSTITUTION GRAA 
    16. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION INSTITUTION OUDS 
    17. SOUTH AFRICAN POLICE SERVICE DIAMONDFIELD IN SERVICE AND SPECIALIZED T 
    18. SOUTH AFRICAN POLICE SERVICE HUMAN RESOURCE DEVELOPEMENT CENTRE PIETER 
    19. SOUTH AFRICAN POLICE SERVICE IN SERVICE TRAINING PROVISION INSTITUTION 
    20. SOUTH AFRICAN POLICE SERVICE PROVINCIAL HEAD OFFICE EASTERN CAPE TRAIN 
    21. SOUTH AFRICAN POLICE SERVICE TRAINING INSTITUTION ALL SAINTS 
    22. SOUTH AFRICAN POLICE SERVICE TRAINING INSTITUTION NORTH WEST PROVINCE 
    23. STRATEGIC INVESTIGATIONS AND SEMINARS 
    24. TSU PROTECTION SERVICES 
    25. TSU Training Solutions Centurion 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.