Difference between revisions of "Zimbabwe Criminal Code"

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(c) deal with the property in a particular way;
 
(c) deal with the property in a particular way;
  
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but does not include property received on terms expressly or impliedly stipulating that?
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but does not include property received on terms expressly or impliedly stipulating that?
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(i) the recipient is entitled to use the property as his or her own;  and
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(ii) there would only be a debtor and creditor relationship between the parties;
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(i) the recipient is entitled to use the property as his or her own;  and
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(ii) there would only be a debtor and creditor relationship between the parties;
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"violence" means the direct or indirect application of force to a person's body.
 
"violence" means the direct or indirect application of force to a person's body.
  
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Division B: Theft, stock theft, unauthorised borrowing or use of property and making off without payment
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'''Division B: Theft, stock theft, unauthorised borrowing or use of property and making off without payment'''
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113 Theft
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'''113 Theft'''
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(1)  Any person who takes property capable of being stolen?
 
(1)  Any person who takes property capable of being stolen?
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(a) knowing that another person is entitled to own, possess or control the property  or realising that there is a real risk or possibility that another person may be so entitled;  and
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(b) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control;
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(a) knowing that another person is entitled to own, possess or control the property  or realising that there is a real risk or possibility that another person may be so entitled;  and
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(b) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control;
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shall be guilty of theft and liable to either or both of the following?
 
shall be guilty of theft and liable to either or both of the following?
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(i) a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater;  or
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(ii) imprisonment for a period not exceeding twenty-five years;
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(i) a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater;  or
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(ii) imprisonment for a period not exceeding twenty-five years;
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or both:
 
or both:
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Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for theft on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss.
 
Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for theft on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss.
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(2)  Subject to subsection (3), a person shall also be guilty of theft if he or she holds trust property and, in breach of the terms under which it is so held, he or she intentionally?
 
(2)  Subject to subsection (3), a person shall also be guilty of theft if he or she holds trust property and, in breach of the terms under which it is so held, he or she intentionally?
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(a) omits to account or accounts incorrectly for the property;  or
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(b) hands the property or part of it over to a person other than the person to whom he or she is obliged to hand it over;  or
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(a) omits to account or accounts incorrectly for the property;  or
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(c) uses the property or part of it for a purpose other than the purpose for which he or she is obliged to use it;  or
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(d) converts the property or part of it to his or her own use.
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(b) hands the property or part of it over to a person other than the person to whom he or she is obliged to hand it over;  or
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(c) uses the property or part of it for a purpose other than the purpose for which he or she is obliged to use it;  or
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(d) converts the property or part of it to his or her own use.
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(3)  Subsection (2) shall not apply if?
 
(3)  Subsection (2) shall not apply if?
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(a) the person holding or receiving the property has properly and transparently accounted for the property in accordance with the terms of the trust;  or
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(b) the person disposing of the property retains the equivalent value thereof for delivery to the person entitled thereto, unless the terms under which he or she holds or receives the property require him or her to hold and deliver back the specific property.
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(a) the person holding or receiving the property has properly and transparently accounted for the property in accordance with the terms of the trust;  or
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(b) the person disposing of the property retains the equivalent value thereof for delivery to the person entitled thereto, unless the terms under which he or she holds or receives the property require him or her to hold and deliver back the specific property.
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(4)  For the avoidance of doubt it is declared that where a person, by means of a misrepresentation as defined in section one hundred and thirty-five, takes any property capable of being stolen, intending to deprive another person of the ownership, possession or control of the property, the competent charge is fraud and not theft.
 
(4)  For the avoidance of doubt it is declared that where a person, by means of a misrepresentation as defined in section one hundred and thirty-five, takes any property capable of being stolen, intending to deprive another person of the ownership, possession or control of the property, the competent charge is fraud and not theft.
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114 Stock theft
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'''114 Stock theft'''
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(a) any sheep, goat, pig, poultry, ostrich, pigeon, rabbit, or bovine or equine animal; or
 
(a) any sheep, goat, pig, poultry, ostrich, pigeon, rabbit, or bovine or equine animal; or
 
(b) any domesticated game; or
 
(b) any domesticated game; or

Revision as of 15:24, 30 April 2010

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