Litigation is loosely defined as the process of taking legal action, and therefore criminal litigation covers the processes involved in a criminal case, but with specific reference to the proceedings that place at the trial.
Here the prosecution and the defence each engage in criminal litigation to either prove their case of the innocence of their client. In order for criminal litigation to take place, the prosecution must assert that a law has been broken as stated by the criminal laws as laid out in South Africa. Secondly, in order for criminal litigation to be successful, it should follow the processes laid out in the Criminal Procedure Act 51 of 1977. Criminal litigation can take place in any court in South Africa that has the power to hear criminal cases.
The defence can then present evidence that challenges the evidence laid out by the prosecution in order to prove that their client is not guilty of the crime they are accused of. For any criminal attorney, litigation is the meat and bones of their job and where their skills are truly shown off – it is the culmination of months of preparation, research and practice.
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