Difference between revisions of "Zimbabwe Criminal Code"

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(2)  For the purposes of this Chapter the Minister may, by notice in a statutory instrument?
 
(2)  For the purposes of this Chapter the Minister may, by notice in a statutory instrument?
(a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of "computer" in subsection (1);  or
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(b) exclude from the definition of "computer" in subsection (1) any specified device or apparatus.
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(a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of "computer" in subsection (1);  or
163 Unauthorised access to or use of computer or computer network
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(b) exclude from the definition of "computer" in subsection (1) any specified device or apparatus.
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'''163 Unauthorised access to or use of computer or computer network'''
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(a) gains access to;  or
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(b) destroys or alters;  or
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(a) gains access to;  or
(c) renders meaningless, useless or ineffective;  or
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(d) copies or transfers;  or
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(b) destroys or alters;  or
(e) obstructs, intercepts, diverts, interrupts or interferes with the use of;
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 +
(c) renders meaningless, useless or ineffective;  or
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(d) copies or transfers;  or
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(e) obstructs, intercepts, diverts, interrupts or interferes with the use of;
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(i) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
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(ii) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
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(i) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
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(ii) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
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(2)  It shall be a defence to a charge of unauthorised access to or use of a computer for the accused to prove that he or she was not motivated by malice when engaging in the conduct constituting the crime, and that the conduct did not materially affect the data, programme or system in question nor the interests of the owner of the computer or computer network.
 
(2)  It shall be a defence to a charge of unauthorised access to or use of a computer for the accused to prove that he or she was not motivated by malice when engaging in the conduct constituting the crime, and that the conduct did not materially affect the data, programme or system in question nor the interests of the owner of the computer or computer network.
164 Deliberate introduction of computer virus into computer or computer network
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'''164 Deliberate introduction of computer virus into computer or computer network'''
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(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
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(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
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(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
165 Unauthorised manipulation of proposed computer programme
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(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
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'''165 Unauthorised manipulation of proposed computer programme'''
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(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
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(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
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(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
166 Aggravating circumstances in relation to crimes under sections 163, 164 and 165
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(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
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'''166 Aggravating circumstances in relation to crimes under sections 163, 164 and 165'''
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(a) committed in connection with or in furtherance of the commission or attempted commission of the crime of insurgency, banditry, sabotage or terrorism, theft, unauthorised borrowing or use of property, extortion, fraud, forgery, malicious damage to property, damaging, destroying or prejudicing the safe operation of an aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs, corruptly using a false document or defeating or obstructing the course of justice;  or
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(b) the computer, computer network, data, programme or system is owned by the State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local or like authority;  or
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(a) committed in connection with or in furtherance of the commission or attempted commission of the crime of insurgency, banditry, sabotage or terrorism, theft, unauthorised borrowing or use of property, extortion, fraud, forgery, malicious damage to property, damaging, destroying or prejudicing the safe operation of an aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs, corruptly using a false document or defeating or obstructing the course of justice;  or
(c) the crime occasions considerable material prejudice to the owner of the computer, computer network, data, programme or system;  or
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(d) the crime disrupts or interferes with an essential service.
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(b) the computer, computer network, data, programme or system is owned by the State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local or like authority;  or
167 Unauthorised use or possession of credit or debit cards
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(c) the crime occasions considerable material prejudice to the owner of the computer, computer network, data, programme or system;  or
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(d) the crime disrupts or interferes with an essential service.
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'''167 Unauthorised use or possession of credit or debit cards'''
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(a) without authority, manufactures, copies or uses;  or
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(b) without reasonable excuse, possesses;
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(a) without authority, manufactures, copies or uses;  or
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(b) without reasonable excuse, possesses;
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any credit or debit card belonging to another person shall be guilty of unauthorised use or possession of a credit or debit card and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 
any credit or debit card belonging to another person shall be guilty of unauthorised use or possession of a credit or debit card and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
168 Unauthorised use of password or pin-number
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'''168 Unauthorised use of password or pin-number'''
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Any person who without authority intentionally uses any password or pin-number which belongs to or which has been assigned to another person shall be guilty of unauthorised use of a password or pin-number and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 
Any person who without authority intentionally uses any password or pin-number which belongs to or which has been assigned to another person shall be guilty of unauthorised use of a password or pin-number and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
CHAPTER IX
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BRIBERY AND CORRUPTION
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== CHAPTER IX ==
169 Interpretation in Chapter IX
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===BRIBERY AND CORRUPTION===
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'''169 Interpretation in Chapter IX'''
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In this Chapter?
 
In this Chapter?
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"agent" means a person employed by or acting for another person in any capacity whatsoever and, without limiting this definition in any way, includes?
 
"agent" means a person employed by or acting for another person in any capacity whatsoever and, without limiting this definition in any way, includes?
(a) a director or secretary of a company;
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(a) a director or secretary of a company;
(b) the trustee of an insolvent estate;
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(c) the assignee of an estate that has been assigned for the benefit or with the consent of creditors;
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(b) the trustee of an insolvent estate;
(d) the liquidator of a company or other body corporate that is being wound up or dissolved;
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(e) the executor of the estate of a deceased person;
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(c) the assignee of an estate that has been assigned for the benefit or with the consent of creditors;
(f) the legal representative of a person who is a minor or of unsound mind or who is otherwise under legal disability;
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(g) a public officer;
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(d) the liquidator of a company or other body corporate that is being wound up or dissolved;
(h) a member of a board, committee or other authority which is responsible for administering the affairs or business of a body corporate or association other than a statutory body or local authority;
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(i) a person who voluntarily?
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(e) the executor of the estate of a deceased person;
(i) manages the affairs or business of another person;  or
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(ii) takes care of the property of another person;
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(f) the legal representative of a person who is a minor or of unsound mind or who is otherwise under legal disability;
without the knowledge or consent of that other person;
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(g) a public officer;
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(h) a member of a board, committee or other authority which is responsible for administering the affairs or business of a body corporate or association other than a statutory body or local authority;
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(i) a person who voluntarily?
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(i) manages the affairs or business of another person;  or
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(ii) takes care of the property of another person;
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without the knowledge or consent of that other person;
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"consideration" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever;
 
"consideration" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever;
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"local authority" means a city, municipality, town council, town board, provincial council, rural district council or any similar body established by or in terms of any enactment;
 
"local authority" means a city, municipality, town council, town board, provincial council, rural district council or any similar body established by or in terms of any enactment;
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"principal" means the employer or other person for whom an agent acts and, in relation to?
 
"principal" means the employer or other person for whom an agent acts and, in relation to?
(a) a trustee, assignee, liquidator, executor or legal representative referred to in the definition of "agent", includes?
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(i) all persons represented by the trustee, assignee, liquidator, executor or legal representative, as the case may be, or in relation to whom he or she stands in a position of trust;  and
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(a) a trustee, assignee, liquidator, executor or legal representative referred to in the definition of "agent", includes?
(ii) any public officer who is responsible for supervising the activities of the trustee, assignee, liquidator, executor or legal representative;
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(b) a public officer who is a Minister and a member of the Cabinet, includes both the State and the Cabinet;
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(i) all persons represented by the trustee, assignee, liquidator, executor or legal representative, as the case may be, or in relation to whom he or she stands in a position of trust;  and
(c) a member of a council, board, committee or authority which is responsible for administering the affairs or business of a statutory body, local authority, body corporate or association, includes both such council, board, committee or authority and the statutory body, local authority, body corporate or association for whose affairs or business it is responsible;
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(ii) any public officer who is responsible for supervising the activities of the trustee, assignee, liquidator, executor or legal representative;
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(b) a public officer who is a Minister and a member of the Cabinet, includes both the State and the Cabinet;
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(c) a member of a council, board, committee or authority which is responsible for administering the affairs or business of a statutory body, local authority, body corporate or association, includes both such council, board, committee or authority and the statutory body, local authority, body corporate or association for whose affairs or business it is responsible;
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"public officer" means?
 
"public officer" means?
(a) a Vice-President, Minister or Deputy Minister;  or
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(b) a governor appointed in terms of an Act referred to in section 111A of the Constitution;  or
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(a) a Vice-President, Minister or Deputy Minister;  or
(c) a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority;  or
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(d) a person holding or acting in a paid office in the service of the State, a statutory body or a local authority;  or
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(b) a governor appointed in terms of an Act referred to in section 111A of the Constitution;  or
(e) a judicial officer;
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(c) a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority;  or
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(d) a person holding or acting in a paid office in the service of the State, a statutory body or a local authority;  or
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(e) a judicial officer;
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"statutory body" means?
 
"statutory body" means?
(a) any Commission established by the Constitution;  or
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(b) any body corporate established directly by or under an Act for special purposes specified in that Act.
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(a) any Commission established by the Constitution;  or
170 Bribery
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(b) any body corporate established directly by or under an Act for special purposes specified in that Act.
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'''170 Bribery'''
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(1)  Any?
 
(1)  Any?
 
(a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or herself or any other person any gift or consideration as an inducement or reward?
 
(a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or herself or any other person any gift or consideration as an inducement or reward?

Revision as of 10:57, 3 May 2010