Question posted in the Criminal Law category relating to KwaZulu-Natal
Good day hope you are well
My cousin has been accused of 2 counts of fraud amounting to R130000 of which he benefitted R8000. He used to be a bank employee. Investigations are almost complete he has to re appear in court on the 13th to get the charge sheet.
My questions are :
Will he go to prison?
Can he opt to pay the money back without going to prison and a fine?
He is a first time offender who supports his 63year old mother and 92year old grand mother.
What options does he have to avoid being sent to prison.
Answer to the Question
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.
Q: Will he go to prison? --> If he is found guilty, he will be sentenced. The sentencing might result in a fine, or a jail sentence, which might be suspended for a period of time as long as he doesn't do the same thing again.
Q: Can he opt to pay the money back without going to prison and a fine? --> Unfortunately no, but if he pays the money back, the court will take that into consideration when deciding the sentence.
Q: What options does he have to avoid being sent to prison.? --> He could make representations to the public prosecutor and ask that he be given community service.
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