NPA ASPIRANT PROSECUTOR FINAL PRACTICE EXAM
2026/2027 | ENTRY EXAMINATION COMPREHENSIVE STUDY
GUIDE, PRACTICE QUESTIONS & ANSWERS
TABLE OF CONTENTS
Section Domain Approx. Page
Questions Reference
1 General Principles & 30 Page 1
Legality
2 Conduct, Unlawfulness & 50 Page 5
Capacity
3 Fault & Participation 40 Page 10
4 Specific Crimes & Statutory 50 Page 15
Offences
5 Criminal Procedure & 30 Page 20
Evidence
SECTION 1: GENERAL PRINCIPLES & LEGALITY
Question 1: Which principle dictates that a court must interpret the
definition of a crime strictly, resolving any ambiguity in favor of the
accused?
A. Ius acceptum
B. Ius praevium
C. Ius certum
D. Ius strictum
CORRECT ANSWER: D. Ius strictum
,Rationale: The principle of ius strictum requires courts to interpret
criminal provisions strictly, resolving ambiguities in favor of the accused.
Question 2: In South African criminal law, which principle requires
that conduct must be recognised as a crime by law at the time it was
committed?
A. The principle of proportionality
B. The principle of legality
C. The principle of culpability
D. The principle of legality of punishment
CORRECT ANSWER: B. The principle of legality
Rationale: The principle of legality, specifically ius praevium, prohibits
retrospective criminalization, requiring the act to be a crime at the time
of commission.
Question 3: Which aspect of the principle of legality prohibits the
creation of crimes by analogy?
A. Ius acceptum
B. Ius praevium
C. Ius certum
D. Ius strictum
CORRECT ANSWER: A. Ius acceptum
Rationale: Ius acceptum means a court may only find someone guilty of
a crime if the act is recognized by law as a crime.
Question 4: The requirement that a crime must be clearly defined by
law so that citizens know what is prohibited is known as:
A. Ius acceptum
B. Ius praevium
C. Ius certum
,D. Ius strictum
CORRECT ANSWER: C. Ius certum
Rationale: Ius certum requires that criminal provisions be clear and
certain, avoiding vague definitions.
Question 5: Which principle ensures that punishment can only be
imposed if it is prescribed by law?
A. Nullum crimen sine lege
B. Nulla poena sine lege
C. Ius strictum
D. Ius praevium
CORRECT ANSWER: B. Nulla poena sine lege
Rationale: Nulla poena sine lege means no punishment without law,
requiring statutory authorization for penalties.
Question 6: Which of the following is NOT a requirement for a valid
common law crime in South Africa?
A. Conduct
B. Unlawfulness
C. Moral reprehensibility
D. Capacity
CORRECT ANSWER: C. Moral reprehensibility
Rationale: The elements of a crime are conduct, unlawfulness, capacity,
and fault. Moral reprehensibility alone does not constitute a crime.
Question 7: The principle of legality in South Africa is explicitly
entrenched in which section of the Constitution?
A. Section 35(3)(l)
B. Section 10
C. Section 12
, D. Section 36
CORRECT ANSWER: A. Section 35(3)(l)
Rationale: Section 35(3)(l) of the Constitution guarantees the right not
to be convicted for an act that was not an offence at the time it was
committed.
Question 8: Which of the following best describes the difference
between a crime and a delict?
A. Crimes are prosecuted by the state, while delicts are private wrongs.
B. Crimes require intention, while delicts only require negligence.
C. Crimes are punishable by fines, while delicts are punishable by
imprisonment.
D. Crimes apply to natural persons, while delicts apply to juristic
persons.
CORRECT ANSWER: A. Crimes are prosecuted by the state, while
delicts are private wrongs.
Rationale: Crimes are public wrongs prosecuted by the state, whereas
delicts are civil wrongs pursued by private individuals for compensation.
Question 9: The principle of legality requires that punishment must be
proportionate to the crime. This is known as:
A. The principle of proportionality
B. The principle of legality
C. The principle of culpability
D. The principle of legality of punishment
CORRECT ANSWER: A. The principle of proportionality
Rationale: The principle of proportionality requires that the severity of
the punishment must be proportional to the gravity of the offence.
2026/2027 | ENTRY EXAMINATION COMPREHENSIVE STUDY
GUIDE, PRACTICE QUESTIONS & ANSWERS
TABLE OF CONTENTS
Section Domain Approx. Page
Questions Reference
1 General Principles & 30 Page 1
Legality
2 Conduct, Unlawfulness & 50 Page 5
Capacity
3 Fault & Participation 40 Page 10
4 Specific Crimes & Statutory 50 Page 15
Offences
5 Criminal Procedure & 30 Page 20
Evidence
SECTION 1: GENERAL PRINCIPLES & LEGALITY
Question 1: Which principle dictates that a court must interpret the
definition of a crime strictly, resolving any ambiguity in favor of the
accused?
A. Ius acceptum
B. Ius praevium
C. Ius certum
D. Ius strictum
CORRECT ANSWER: D. Ius strictum
,Rationale: The principle of ius strictum requires courts to interpret
criminal provisions strictly, resolving ambiguities in favor of the accused.
Question 2: In South African criminal law, which principle requires
that conduct must be recognised as a crime by law at the time it was
committed?
A. The principle of proportionality
B. The principle of legality
C. The principle of culpability
D. The principle of legality of punishment
CORRECT ANSWER: B. The principle of legality
Rationale: The principle of legality, specifically ius praevium, prohibits
retrospective criminalization, requiring the act to be a crime at the time
of commission.
Question 3: Which aspect of the principle of legality prohibits the
creation of crimes by analogy?
A. Ius acceptum
B. Ius praevium
C. Ius certum
D. Ius strictum
CORRECT ANSWER: A. Ius acceptum
Rationale: Ius acceptum means a court may only find someone guilty of
a crime if the act is recognized by law as a crime.
Question 4: The requirement that a crime must be clearly defined by
law so that citizens know what is prohibited is known as:
A. Ius acceptum
B. Ius praevium
C. Ius certum
,D. Ius strictum
CORRECT ANSWER: C. Ius certum
Rationale: Ius certum requires that criminal provisions be clear and
certain, avoiding vague definitions.
Question 5: Which principle ensures that punishment can only be
imposed if it is prescribed by law?
A. Nullum crimen sine lege
B. Nulla poena sine lege
C. Ius strictum
D. Ius praevium
CORRECT ANSWER: B. Nulla poena sine lege
Rationale: Nulla poena sine lege means no punishment without law,
requiring statutory authorization for penalties.
Question 6: Which of the following is NOT a requirement for a valid
common law crime in South Africa?
A. Conduct
B. Unlawfulness
C. Moral reprehensibility
D. Capacity
CORRECT ANSWER: C. Moral reprehensibility
Rationale: The elements of a crime are conduct, unlawfulness, capacity,
and fault. Moral reprehensibility alone does not constitute a crime.
Question 7: The principle of legality in South Africa is explicitly
entrenched in which section of the Constitution?
A. Section 35(3)(l)
B. Section 10
C. Section 12
, D. Section 36
CORRECT ANSWER: A. Section 35(3)(l)
Rationale: Section 35(3)(l) of the Constitution guarantees the right not
to be convicted for an act that was not an offence at the time it was
committed.
Question 8: Which of the following best describes the difference
between a crime and a delict?
A. Crimes are prosecuted by the state, while delicts are private wrongs.
B. Crimes require intention, while delicts only require negligence.
C. Crimes are punishable by fines, while delicts are punishable by
imprisonment.
D. Crimes apply to natural persons, while delicts apply to juristic
persons.
CORRECT ANSWER: A. Crimes are prosecuted by the state, while
delicts are private wrongs.
Rationale: Crimes are public wrongs prosecuted by the state, whereas
delicts are civil wrongs pursued by private individuals for compensation.
Question 9: The principle of legality requires that punishment must be
proportionate to the crime. This is known as:
A. The principle of proportionality
B. The principle of legality
C. The principle of culpability
D. The principle of legality of punishment
CORRECT ANSWER: A. The principle of proportionality
Rationale: The principle of proportionality requires that the severity of
the punishment must be proportional to the gravity of the offence.
