Difference between revisions of "Zimbabwe Criminal Code"

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Any person who makes a misrepresentation*
 
Any person who makes a misrepresentation*
(a) intending to deceive another person or realising that there is a real risk or possibility of deceiving another person;  and
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(b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising that there is a real risk or possibility that another person may act upon the misrepresentation to his or her prejudice;
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(a) intending to deceive another person or realising that there is a real risk or possibility of deceiving another person;  and
 +
 
 +
(b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising that there is a real risk or possibility that another person may act upon the misrepresentation to his or her prejudice;
 +
 
 
shall be guilty of fraud if the misrepresentation causes prejudice to another person or creates a real risk or possibility that another person might be prejudiced, and be liable to*
 
shall be guilty of fraud if the misrepresentation causes prejudice to another person or creates a real risk or possibility that another person might be prejudiced, and be liable to*
(i) a fine not exceeding level fourteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater;  or
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(ii) imprisonment for a period not exceeding thirty-five years;
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(i) a fine not exceeding level fourteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater;  or
 +
 
 +
(ii) imprisonment for a period not exceeding thirty-five years;
 +
 
 
or both.
 
or both.
137 Forgery
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 +
'''137 Forgery'''
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(a) making a document or signature which purports to be made by a person who did not make it or authorise it to be made or by a person who does not exist;  or
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(b) tampering with a document or item by making some material alteration, erasure or obliteration;
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(a) making a document or signature which purports to be made by a person who did not make it or authorise it to be made or by a person who does not exist;  or
 +
 
 +
(b) tampering with a document or item by making some material alteration, erasure or obliteration;
 +
 
 
with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding another person thereby, shall be guilty of forgery and liable to*
 
with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding another person thereby, shall be guilty of forgery and liable to*
(i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years or both;  or
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(ii) in a case of forgery of a document or item other than a public document or item, a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.
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(i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years or both;  or
 +
 
 +
(ii) in a case of forgery of a document or item other than a public document or item, a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.
 +
 
 
(2)  In a case where*
 
(2)  In a case where*
(a) a person delivers or causes to be delivered a forged document or item to another person with the intention of defrauding that person or realising that there is a real risk or possibility of defrauding that person*
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(i) the competent charges shall be fraud and forgery if the person delivering the forged document or item or causing it to be delivered also forged it;
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(a) a person delivers or causes to be delivered a forged document or item to another person with the intention of defrauding that person or realising that there is a real risk or possibility of defrauding that person*
(ii) the competent charge shall be fraud if the person delivering the forged document or item or causing it to be delivered did not forge it;
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(b) a banknote issued by the Reserve Bank of Zimbabwe is forged, the competent charge shall be that specified in section 42 of the Reserve Bank of Zimbabwe Act [Chapter 22:15].
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(i) the competent charges shall be fraud and forgery if the person delivering the forged document or item or causing it to be delivered also forged it;
138 Conviction for fraud, etc., where specific victim not identified
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 +
(ii) the competent charge shall be fraud if the person delivering the forged document or item or causing it to be delivered did not forge it;
 +
 
 +
(b) a banknote issued by the Reserve Bank of Zimbabwe is forged, the competent charge shall be that specified in section 42 of the Reserve Bank of Zimbabwe Act [Chapter 22:15].
 +
 
 +
'''138 Conviction for fraud, etc., where specific victim not identified'''
 +
 
 
A person accused of fraud or any other crime involving the making of a misrepresentation may be found guilty of the crime notwithstanding that*
 
A person accused of fraud or any other crime involving the making of a misrepresentation may be found guilty of the crime notwithstanding that*
(a) the person to whom the misrepresentation was made is not identified;  or
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(b) the person whom the accused intended to deceive or prejudice, or whom the accused realised he or she might be deceiving or prejudicing, is not identified;  or
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(a) the person to whom the misrepresentation was made is not identified;  or
(c) the person to whom prejudice or potential prejudice was or would have been caused is not identified.
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PART V
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(b) the person whom the accused intended to deceive or prejudice, or whom the accused realised he or she might be deceiving or prejudicing, is not identified;  or
CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY
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139 Interpretation in Part V of Chapter VI
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(c) the person to whom prejudice or potential prejudice was or would have been caused is not identified.
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 +
'''PART V'''
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 +
'''CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY'''
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 +
'''139 Interpretation in Part V of Chapter VI'''
 +
 
 
In this Part*
 
In this Part*
 +
 
"damage" means any permanent or temporary damage or injury of any kind to property, whether or not it causes financial loss to the person entitled to own, possess or control the property, and includes*
 
"damage" means any permanent or temporary damage or injury of any kind to property, whether or not it causes financial loss to the person entitled to own, possess or control the property, and includes*
(a) damage or injury which necessitates the repair of the property, whatever the cost of the repair;
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(b) the displacement, removal or breaking of a constituent part of the property;
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(a) damage or injury which necessitates the repair of the property, whatever the cost of the repair;
(c) damage or injury which renders the property unsuitable or less suitable for the use to which it was being put;
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but does not include damage or injury which is trivial in nature;
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(b) the displacement, removal or breaking of a constituent part of the property;
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 +
(c) damage or injury which renders the property unsuitable or less suitable for the use to which it was being put;
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 +
but does not include damage or injury which is trivial in nature;
 +
 
 
"property" means any movable or immovable material thing that is capable of being owned by a person, but does not include any of the following things*
 
"property" means any movable or immovable material thing that is capable of being owned by a person, but does not include any of the following things*
(a) wild animals, birds, insects and fish that have not been reduced to captivity;
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(b) eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken into possession by anyone;
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(a) wild animals, birds, insects and fish that have not been reduced to captivity;
(c) property that has been finally and absolutely abandoned by its owner, that is, thrown away or otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
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(d) property that is owned by the person who damages or destroys it, unless some other person has a right to possess or control the property and the person who damages or destroys it intends, by his or her act, to deprive that other person of his or her right.
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(b) eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken into possession by anyone;
140 Malicious damage to property
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 +
(c) property that has been finally and absolutely abandoned by its owner, that is, thrown away or otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
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 +
(d) property that is owned by the person who damages or destroys it, unless some other person has a right to possess or control the property and the person who damages or destroys it intends, by his or her act, to deprive that other person of his or her right.
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 +
'''140 Malicious damage to property'''
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Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, damages or destroys the property*
 
Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, damages or destroys the property*
(a) intending to cause such damage or destruction;  or
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(b) realising that there is a real risk or possibility that such damage or destruction may result from his or her act or omission;
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(a) intending to cause such damage or destruction;  or
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 +
(b) realising that there is a real risk or possibility that such damage or destruction may result from his or her act or omission;
 +
 
 
shall be guilty of malicious damage to property, and liable to*
 
shall be guilty of malicious damage to property, and liable to*
(i) a fine not exceeding level fourteen or not exceeding twice the value of the property damaged as a result of the crime, 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 not exceeding twice the value of the property damaged as a result of the crime, whichever is the greater;  or
 +
 
 +
(ii) imprisonment for a period not exceeding twenty-five years;
 +
 
 
or both.
 
or both.
141 Negligently causing serious damage to property
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 +
'''141 Negligently causing serious damage to property'''
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Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, seriously damages or destroys the property, being grossly negligent in causing such damage or destruction, shall be guilty of negligently causing serious damage to property, and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, seriously damages or destroys the property, being grossly negligent in causing such damage or destruction, shall be guilty of negligently causing serious damage to property, and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
142 Damage by co-owners, spouses and partners
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'''142 Damage by co-owners, spouses and partners'''
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It shall not be a defence to a charge of  malicious damage to property or negligently causing serious damage to property that the person charged was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if the damaging of the property was not authorised by any agreement between the person and his or her co-owner, spouse or partner:
 
It shall not be a defence to a charge of  malicious damage to property or negligently causing serious damage to property that the person charged was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if the damaging of the property was not authorised by any agreement between the person and his or her co-owner, spouse or partner:
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Provided that no prosecution shall be instituted against a spouse for damaging property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
 
Provided that no prosecution shall be instituted against a spouse for damaging property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
143 Aggravating circumstances in relation to malicious damage to property or negligently causing serious damage to property
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'''143 Aggravating circumstances in relation to malicious damage to property or negligently causing serious damage to property'''
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It shall be an aggravating circumstance if*
 
It shall be an aggravating circumstance if*
(a) the damage or destruction that constitutes the crime of malicious damage to property or negligently causing serious damage to property*
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(i) is caused by the use of fire or explosives;  or
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(a) the damage or destruction that constitutes the crime of malicious damage to property or negligently causing serious damage to property*
(ii) causes injury or involves a risk of injury to persons in or near the property concerned;  or
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(iii) occasions considerable material prejudice to the person entitled to own, possess or control the property damaged or destroyed;
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(i) is caused by the use of fire or explosives;  or
or
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(b) the crime of  malicious damage to property or negligently causing serious damage to property is committed against property that is owned, possessed or controlled by the State, a statutory corporation or a local  authority.
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(ii) causes injury or involves a risk of injury to persons in or near the property concerned;  or
144 Mistake of fact in relation to malicious damage to property
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 +
(iii) occasions considerable material prejudice to the person entitled to own, possess or control the property damaged or destroyed;
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 +
or
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(b) the crime of  malicious damage to property or negligently causing serious damage to property is committed against property that is owned, possessed or controlled by the State, a statutory corporation or a local  authority.
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 +
'''144 Mistake of fact in relation to malicious damage to property'''
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(1)  It shall be a defence to a charge of malicious damage to property that the person charged damaged or destroyed the property concerned, genuinely but mistakenly believing that*
 
(1)  It shall be a defence to a charge of malicious damage to property that the person charged damaged or destroyed the property concerned, genuinely but mistakenly believing that*
(a) the owner or person entitled to possess or control the property had consented to the damage or destruction or would have consented if he or she had known of the circumstances;  or
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(b) the property was his or her own property and no other person was entitled to possess or control it;  or
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(a) the owner or person entitled to possess or control the property had consented to the damage or destruction or would have consented if he or she had known of the circumstances;  or
(c) the property had been finally and absolutely abandoned by its owner, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights in it:
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 +
(b) the property was his or her own property and no other person was entitled to possess or control it;  or
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 +
(c) the property had been finally and absolutely abandoned by its owner, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights in it:
 +
 
 
Provided that such a belief shall not be a defence to a charge of malicious damage to property unless, regard being had to all the circumstances, the belief was reasonable.
 
Provided that such a belief shall not be a defence to a charge of malicious damage to property unless, regard being had to all the circumstances, the belief was reasonable.
 +
 
(2)  This section shall not be construed as limiting or excluding the application of Chapter XIV in relation to malicious damage to property.
 
(2)  This section shall not be construed as limiting or excluding the application of Chapter XIV in relation to malicious damage to property.
  
PART VI
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'''PART VI'''
HIJACKING AND OTHER CRIMES INVOLVING AIRCRAFT
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145 Interpretation in Part VI of Chapter VI
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'''HIJACKING AND OTHER CRIMES INVOLVING AIRCRAFT'''
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 +
'''145 Interpretation in Part VI of Chapter VI'''
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(1)  In this Part?
 
(1)  In this Part?
 +
 
"aircraft" means an aircraft to which this Part applies in terms of section one hundred and forty-six;
 
"aircraft" means an aircraft to which this Part applies in terms of section one hundred and forty-six;
 
"crew", in relation to an aircraft, means any person connected with the operation of the aircraft, and includes flight attendants and air hostesses;
 
"crew", in relation to an aircraft, means any person connected with the operation of the aircraft, and includes flight attendants and air hostesses;

Revision as of 09:16, 3 May 2010