Difference between revisions of "Zimbabwe Criminal Code"

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Line 3,249: Line 3,249:
  
 
(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?
+
 
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
+
(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?
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
+
 
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and his or her principal;
+
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
or
+
 
(b) person who, for himself or herself or any other person, gives or agrees to give or offers to an agent any gift or consideration as an inducement or reward?
+
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
+
 
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
+
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and his or her principal;
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to the agent in terms of any agreement or arrangement between the agent and his or her principal;
+
 
 +
or
 +
 
 +
(b) person who, for himself or herself or any other person, gives or agrees to give or offers to an agent any gift or consideration as an inducement or reward?
 +
 
 +
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
 +
 
 +
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
 +
 
 +
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to the agent in terms of any agreement or arrangement between the agent and his or her principal;
 +
 
 
shall be guilty of bribery and liable to?
 
shall be guilty of bribery and liable to?
A. a fine not exceeding level fourteen or not exceeding three times the value of any consideration obtained or given in the course of the crime, whichever is the greater;  or
+
 
B. imprisonment for a period not exceeding twenty years;
+
A. a fine not exceeding level fourteen or not exceeding three times the value of any consideration obtained or given in the course of the crime, whichever is the greater;  or
 +
 
 +
B. imprisonment for a period not exceeding twenty years;
 +
 
 
or both.
 
or both.
 +
 
(2)  If it is proved, in any prosecution for bribery, that?
 
(2)  If it is proved, in any prosecution for bribery, that?
(a) an agent has obtained, agreed to obtain or solicited any benefit or advantage, whether for himself or herself or for another person;  or
+
 
(b) any person has given, agreed to give or offered any benefit or advantage?
+
(a) an agent has obtained, agreed to obtain or solicited any benefit or advantage, whether for himself or herself or for another person;  or
(i) to an agent, whether for himself or herself or for another person;  or
+
 
(ii) to any other person, after agreeing with an agent to do so;
+
(b) any person has given, agreed to give or offered any benefit or advantage?
 +
 
 +
(i) to an agent, whether for himself or herself or for another person;  or
 +
 
 +
(ii) to any other person, after agreeing with an agent to do so;
 +
 
 
it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section.
 
it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section.
171 Corruptly using a false document
+
 
 +
'''171 Corruptly using a false document'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who, in connection with his or her principal's affairs or business, uses a document which contains a false statement?
+
 
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
+
(a) agent who, in connection with his or her principal's affairs or business, uses a document which contains a false statement?
(ii) intending by the use of the document to deceive his or her principal, or realising that there is a real risk or possibility that his or her use of the document may deceive his or her principal;
+
 
or
+
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
(b) person who gives an agent a document which contains a false statement?
+
 
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
+
(ii) intending by the use of the document to deceive his or her principal, or realising that there is a real risk or possibility that his or her use of the document may deceive his or her principal;
(ii) intending to deceive the agent or the agent's principal or realising that there is a real risk or possibility that by his or her use of the document the agent or the agent's principal may be deceived;
+
 
 +
or
 +
 
 +
(b) person who gives an agent a document which contains a false statement?
 +
 
 +
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
 +
 
 +
(ii) intending to deceive the agent or the agent's principal or realising that there is a real risk or possibility that by his or her use of the document the agent or the agent's principal may be deceived;
 +
 
 
shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 
shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 +
 
(2)  For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent's principal in the conduct of his or her principal's affairs or business or realising that there is a real risk or possibility that the agent or the agent's principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent's principal as well as the agent, or to realise that there is a real risk or possibility that the agent's principal as well as the agent may be deceived, as the case may be.
 
(2)  For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent's principal in the conduct of his or her principal's affairs or business or realising that there is a real risk or possibility that the agent or the agent's principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent's principal as well as the agent, or to realise that there is a real risk or possibility that the agent's principal as well as the agent may be deceived, as the case may be.
172 Corruptly concealing a transaction from a principal
+
 
 +
'''172 Corruptly concealing a transaction from a principal'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who, having carried out any transaction in connection with his or her principal's affairs or business, fails to disclose to the principal the full nature of the transaction?
+
 
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
(a) agent who, having carried out any transaction in connection with his or her principal's affairs or business, fails to disclose to the principal the full nature of the transaction?
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;  or
+
 
(b) person who?
+
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
+
 
(ii) assists an agent to carry out any such transaction;
+
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;  or
knowing that the agent does not intend to disclose to the principal the full nature of the transaction;
+
 
 +
(b) person who?
 +
 
 +
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
 +
 
 +
(ii) assists an agent to carry out any such transaction;
 +
 
 +
knowing that the agent does not intend to disclose to the principal the full nature of the transaction;
 +
 
 
shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 
shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 +
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with an agent not to disclose to the agent's principal the full nature of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with an agent not to disclose to the agent's principal the full nature of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
 
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
+
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
 +
 
 +
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
 +
 
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing a transaction from a principal.
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing a transaction from a principal.
 +
 
(3)  If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that?
 
(3)  If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that?
(a) an agent?
+
 
(i) agreed or arranged with another person that the full nature of any transaction should not be disclosed to the agent's principal;  or
+
(a) an agent?
(ii) failed to disclose to his or her principal the full nature of any transaction;
+
 
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal, or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
+
(i) agreed or arranged with another person that the full nature of any transaction should not be disclosed to the agent's principal;  or
(b) any person agreed or arranged with an agent that the full nature of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
+
 
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full nature of which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature of the transaction.
+
(ii) failed to disclose to his or her principal the full nature of any transaction;
173 Corruptly concealing from a principal a personal interest in a transaction
+
 
 +
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal, or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
 +
 
 +
(b) any person agreed or arranged with an agent that the full nature of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
 +
 
 +
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full nature of which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature of the transaction.
 +
 
 +
'''173 Corruptly concealing from a principal a personal interest in a transaction'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who carries out any transaction in connection with his or her principal's affairs or business without disclosing to the principal that he or she holds a personal interest in the subject-matter of the transaction?
+
 
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
(a) agent who carries out any transaction in connection with his or her principal's affairs or business without disclosing to the principal that he or she holds a personal interest in the subject-matter of the transaction?
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;
+
 
 +
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
 +
 
 +
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;
 +
 
 
or
 
or
(b) person who?
+
 
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
+
(b) person who?
(ii) assists an agent to carry out any such transaction;
+
 
knowing that the agent does not intend to disclose to the principal a personal interest which he or she or the agent holds in the subject-matter of the transaction;
+
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
 +
 
 +
(ii) assists an agent to carry out any such transaction;
 +
 
 +
knowing that the agent does not intend to disclose to the principal a personal interest which he or she or the agent holds in the subject-matter of the transaction;
 +
 
 
shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 
shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 +
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent's principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent's principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
 
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
+
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
 +
 
 +
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
 +
 
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction.
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction.
 +
 
(3)  If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that?
 
(3)  If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that?
(a) an agent?
+
 
(i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal;
+
(a) an agent?
(ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction;
+
 
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
+
(i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal;
(b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
+
 
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction.
+
(ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction;
174 Criminal abuse of duty as public officer
+
 
 +
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
 +
 
 +
(b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
 +
 
 +
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction.
 +
 
 +
'''174 Criminal abuse of duty as public officer'''
 +
 
 
(1)  If a public officer, in the exercise of his or her functions as such, intentionally?
 
(1)  If a public officer, in the exercise of his or her functions as such, intentionally?
(a) does anything that is contrary to or inconsistent with his or her duty as a public officer;  or
+
 
(b) omits to do anything which it is his or her duty as a public officer to do;
+
(a) does anything that is contrary to or inconsistent with his or her duty as a public officer;  or
 +
 
 +
(b) omits to do anything which it is his or her duty as a public officer to do;
 +
 
 
for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both.
 
for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both.
 +
 
(2)  If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.
 
(2)  If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.
 +
 
(3)  For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.
 
(3)  For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.
CHAPTER X
+
 
CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION
+
== CHAPTER X ==
175 Interpretation in Chapter X
+
 
 +
===CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION===
 +
 
 +
'''175 Interpretation in Chapter X'''
 +
 
 
In this Chapter?
 
In this Chapter?
 +
 
"advantage" means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her;
 
"advantage" means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her;
 +
 
"corporate body of a public character" means a body corporate?
 
"corporate body of a public character" means a body corporate?
(a) established directly by or under any enactment for special purposes specified in that enactment;  or
+
 
(b) wholly owned or controlled by the State that discharges statutory functions, including functions specified by or under a licence or other like authority issued in terms of an enactment;
+
(a) established directly by or under any enactment for special purposes specified in that enactment;  or
 +
 
 +
(b) wholly owned or controlled by the State that discharges statutory functions, including functions specified by or under a licence or other like authority issued in terms of an enactment;
  
(a) any magistrate or justice of the peace;
+
 
(b) the Sheriff or any deputy sheriff;
+
(a) any magistrate or justice of the peace;
(c) any police officer;
+
 
(d) any prison officer;
+
(b) the Sheriff or any deputy sheriff;
(e) any immigration officer;
+
 
(f) any inspector of mines;
+
(c) any police officer;
+
 
(i) chief, within his or her community; or
+
(d) any prison officer;
(ii) headman, chief's messenger or headman's messenger, within the community of his or her chief, as defined in the Traditional Leaders Act [Chapter 29:17];
+
 
(h) any other person designated by the Minister by notice in a statutory instrument;
+
(e) any immigration officer;
 +
 
 +
(f) any inspector of mines;
 +
 
 +
 
 +
 
 +
(i) chief, within his or her community; or
 +
 
 +
(ii) headman, chief's messenger or headman's messenger, within the community of his or her chief, as defined in the Traditional Leaders Act [Chapter 29:17];
 +
 
 +
(h) any other person designated by the Minister by notice in a statutory instrument;
 +
 
 
"public authority" means a peace officer, public official, corporate body of a public character or any agency of the State;
 
"public authority" means a peace officer, public official, corporate body of a public character or any agency of the State;
 +
 
"public official" means?
 
"public official" means?
(a) a person who?
+
 
(i) holds public office;  or
+
(a) a person who?
(ii) is appointed to perform a public duty;
+
 
or
+
(i) holds public office;  or
(b) any employee or agent of the State or a corporate body of a public character, who is appointed as an inspector or in any other capacity to enforce the provisions of any enactment.
+
 
176 Assaulting or resisting peace officer
+
(ii) is appointed to perform a public duty;
 +
 
 +
or
 +
 
 +
(b) any employee or agent of the State or a corporate body of a public character, who is appointed as an inspector or in any other capacity to enforce the provisions of any enactment.
 +
 
 +
'''176 Assaulting or resisting peace officer'''
 +
 
 
Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 
Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
177 Undermining of police authority
+
 
 +
'''177 Undermining of police authority'''
 +
 
 
Any person who?
 
Any person who?
(a) in a public place and in the presence of?
+
 
(i) a police officer who is present on duty;  or
+
(a) in a public place and in the presence of?
(ii) a police officer who is off duty, knowing that he or she is a police officer or realising that there is a risk or possibility that he or she is a police officer;
+
 
makes any statement that is false in a material particular or does any act or thing whatsoever;
+
(i) a police officer who is present on duty;  or
or
+
 
(b) in a public place and whether or not in the presence of a police officer referred to in subparagraph (i) or (ii) of paragraph (a), makes any statement that is false in a material particular or does any act or thing whatsoever;
+
(ii) a police officer who is off duty, knowing that he or she is a police officer or realising that there is a risk or possibility that he or she is a police officer;
 +
 
 +
makes any statement that is false in a material particular or does any act or thing whatsoever;
 +
 
 +
or
 +
 
 +
(b) in a public place and whether or not in the presence of a police officer referred to in subparagraph (i) or (ii) of paragraph (a), makes any statement that is false in a material particular or does any act or thing whatsoever;
 +
 
 
with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 
with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
178 Obstruction of public official
+
 
 +
'''178 Obstruction of public official'''
 +
 
 
(1)  Any person who by physical interference obstructs a public official acting in the lawful execution of his or her duty shall be guilty of obstructing a public official and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
(1)  Any person who by physical interference obstructs a public official acting in the lawful execution of his or her duty shall be guilty of obstructing a public official and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 +
 
(2)  A person accused of obstructing a police officer investigating the commission of a crime shall be charged with the crime of defeating or obstructing the course of justice and not obstructing a public official.
 
(2)  A person accused of obstructing a police officer investigating the commission of a crime shall be charged with the crime of defeating or obstructing the course of justice and not obstructing a public official.
 +
 
(3)  Where a person is accused of obstructing a public official acting under an enactment which makes such obstruction a crime, such person shall be charged under that enactment and not under subsection (1).
 
(3)  Where a person is accused of obstructing a public official acting under an enactment which makes such obstruction a crime, such person shall be charged under that enactment and not under subsection (1).
179 Impersonating police officer, peace officer or public official
+
 
 +
'''179 Impersonating police officer, peace officer or public official'''
 +
 
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, impersonates a police officer, peace officer or public official shall be guilty of impersonating a police officer, peace officer or public official, as the case may be, and liable?
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, impersonates a police officer, peace officer or public official shall be guilty of impersonating a police officer, peace officer or public official, as the case may be, and liable?
(a) in a case where the accused impersonated a peace officer or police officer, to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
+
 
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
+
(a) in a case where the accused impersonated a peace officer or police officer, to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
 +
 
 +
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
 
(2)  Where a person is accused of impersonating a police officer, peace officer or public official acting under an enactment which makes such impersonation a crime, such person shall be charged under that enactment and not under subsection (1).
 
(2)  Where a person is accused of impersonating a police officer, peace officer or public official acting under an enactment which makes such impersonation a crime, such person shall be charged under that enactment and not under subsection (1).
180 Deliberately supplying false information to public authority
+
 
 +
'''180 Deliberately supplying false information to public authority'''
 +
 
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, supplies any information verbally or in writing to a public authority?
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, supplies any information verbally or in writing to a public authority?
(a) knowing that the information is false;  or
+
 
(b) realising that there is a real risk or possibility that it may be false;
+
(a) knowing that the information is false;  or
 +
 
 +
(b) realising that there is a real risk or possibility that it may be false;
 +
 
 
shall be guilty of deliberately supplying false information to a public authority and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
shall be guilty of deliberately supplying false information to a public authority and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 +
 
(2)  Where a person is accused of deliberately supplying false information to a public authority in connection with an enactment which makes such conduct a crime, such person shall be charged under that enactment and not under subsection (1).
 
(2)  Where a person is accused of deliberately supplying false information to a public authority in connection with an enactment which makes such conduct a crime, such person shall be charged under that enactment and not under subsection (1).
 +
 
(3)  A person referred to in subsection (1) may be charged concurrently or alternatively with the crime of fraud.
 
(3)  A person referred to in subsection (1) may be charged concurrently or alternatively with the crime of fraud.
CHAPTER XI
+
 
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
+
== CHAPTER XI ==
181 Interpretation in Chapter XI
+
 
 +
===CRIMES AGAINST THE ADMINISTRATION OF JUSTICE===
 +
 
 +
'''181 Interpretation in Chapter XI'''
 +
 
 
In this Chapter?
 
In this Chapter?
 +
 
"court" means?
 
"court" means?
(a) the Supreme Court;  or
+
 
(b) the High Court;  or
+
(a) the Supreme Court;  or
(c) the Administrative Court;  or
+
 
(d) the Labour Court established in terms of section 84 of the Labour Act [Chapter 28:01];
+
(b) the High Court;  or
(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23:05];  or
+
 
(f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06];  or
+
(c) the Administrative Court;  or
(g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property Tribunal Act [Chapter 26:08];
+
 
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7:10];  or
+
(d) the Labour Court established in terms of section 84 of the Labour Act [Chapter 28:01];
(i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7:05];  or
+
 
(j) any other court or tribunal, which is established by or in terms of any enactment and which exercises judicial or quasi-judicial functions;
+
(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23:05];  or
 +
 
 +
(f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06];  or
 +
 
 +
(g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property Tribunal Act [Chapter 26:08];
 +
 
 +
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7:10];  or
 +
 
 +
(i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7:05];  or
 +
 
 +
(j) any other court or tribunal, which is established by or in terms of any enactment and which exercises judicial or quasi-judicial functions;
 +
 
 
"escaped person" means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section;
 
"escaped person" means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section;
 +
 
"judicial proceedings" means proceedings of a court, whatever the nature of such proceedings;
 
"judicial proceedings" means proceedings of a court, whatever the nature of such proceedings;
 +
 
"oath" means?
 
"oath" means?
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings;  or
+
 
(b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose of judicial proceedings;  or
+
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings;  or
(c) an admonition lawfully administered to a person in place of an oath in the course of or for the purpose of judicial proceedings;
+
 
 +
(b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose of judicial proceedings;  or
 +
 
 +
(c) an admonition lawfully administered to a person in place of an oath in the course of or for the purpose of judicial proceedings;
 +
 
 
"officer of court" means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness;
 
"officer of court" means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness;
 +
 
"prison" has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11];
 
"prison" has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11];
 +
 
"reward" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it.
 
"reward" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it.
182 Contempt of court
+
 
 +
'''182 Contempt of court'''
 +
 
 
(1)  Any person who, by any act or omission, impairs the dignity, reputation or authority of a court?
 
(1)  Any person who, by any act or omission, impairs the dignity, reputation or authority of a court?
(a) intending to do so;  or
+
 
(b) realising that there is a real risk or possibility that his or her act or omission may have such an effect;
+
(a) intending to do so;  or
 +
 
 +
(b) realising that there is a real risk or possibility that his or her act or omission may have such an effect;
 +
 
 
shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 
shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
(2)  Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts?
 
(2)  Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts?
(a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for the purpose of giving evidence or producing any document or thing before the court ?
+
 
(i) intentionally or through negligence failing to attend the court in accordance with the summons;  or
+
(a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for the purpose of giving evidence or producing any document or thing before the court ?
(ii) and having attended the court, refusing to give evidence or to produce the document or thing, as the case may be;  or
+
 
(iii) refusing as a witness to answer any question put to him or her which he or she is lawfully required to answer;
+
(i) intentionally or through negligence failing to attend the court in accordance with the summons;  or
(b) obstructing, interrupting or disturbing judicial proceedings;
+
 
(c) misbehaviour in court;
+
(ii) and having attended the court, refusing to give evidence or to produce the document or thing, as the case may be;  or
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
+
 
(e) knowingly contravening or failing to comply with any order of a court which is given during or in respect of judicial proceedings and with which it is his or her duty to comply;
+
(iii) refusing as a witness to answer any question put to him or her which he or she is lawfully required to answer;
(f) by words, conduct or demeanour pretending to be an officer of the court;
+
 
(g) issuing or publishing to any other person a document that purports to be issued by or emanate from a court, knowing that the document is not issued by or does not emanate from the court concerned;
+
(b) obstructing, interrupting or disturbing judicial proceedings;
(h) publishing evidence that has been given in camera or which the court has ordered should not be published.
+
 
 +
(c) misbehaviour in court;
 +
 
 +
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
 +
 
 +
(e) knowingly contravening or failing to comply with any order of a court which is given during or in respect of judicial proceedings and with which it is his or her duty to comply;
 +
 
 +
(f) by words, conduct or demeanour pretending to be an officer of the court;
 +
 
 +
(g) issuing or publishing to any other person a document that purports to be issued by or emanate from a court, knowing that the document is not issued by or does not emanate from the court concerned;
 +
 
 +
(h) publishing evidence that has been given in camera or which the court has ordered should not be published.
 +
 
 
(3)  It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court.
 
(3)  It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court.
183 Perjury
+
 
 +
'''183 Perjury'''
 +
 
 
(1)  Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral?
 
(1)  Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral?
(a) knowing that the statement is false;  or
+
 
(b) realising that there is a real risk or possibility that it may be false;
+
(a) knowing that the statement is false;  or
 +
 
 +
(b) realising that there is a real risk or possibility that it may be false;
 +
 
 
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 +
 
(2)  For the purpose of subsection (1)?
 
(2)  For the purpose of subsection (1)?
(a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts;
+
 
(b) it shall be immaterial that?
+
(a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts;
(i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings;  or
+
 
(ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned;  or
+
(b) it shall be immaterial that?
(iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned.
+
 
 +
(i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings;  or
 +
 
 +
(ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned;  or
 +
 
 +
(iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned.
 +
 
 
(3)  Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that?
 
(3)  Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that?
(a) the person made a false statement, whether or not either statement has actually been proved to have been false;  and
+
 
(b) the person knew the falsity thereof;
+
(a) the person made a false statement, whether or not either statement has actually been proved to have been false;  and
 +
 
 +
(b) the person knew the falsity thereof;
 +
 
 
unless the person proves that when he or she made each statement he or she genuinely believed that it was true.
 
unless the person proves that when he or she made each statement he or she genuinely believed that it was true.
184 Defeating or obstructing the course of justice
+
 
 +
'''184 Defeating or obstructing the course of justice'''
 +
 
 
(1)  Any person who?
 
(1)  Any person who?
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed;  or
+
 
(b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such;  or
+
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed;  or
(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement;  or
+
 
(d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false;  or
+
(b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such;  or
(e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed;  or
+
 
(f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false;  or
+
(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement;  or
(g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty;  or
+
 
(h) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime;
+
(d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false;  or
 +
 
 +
(e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed;  or
 +
 
 +
(f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false;  or
 +
 
 +
(g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty;  or
 +
 
 +
(h) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime;
 +
 
 
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in?
 
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in?
(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
+
 
(ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both;
+
(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
(iii) paragraph (b), (c) or (h) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
+
 
 +
(ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both;
 +
 
 +
(iii) paragraph (b), (c) or (h) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
 
(2)  For the purposes of subsection (1), and without limiting that provision in any way?
 
(2)  For the purposes of subsection (1), and without limiting that provision in any way?
(a) judicial proceedings are defeated when an innocent person is convicted or a guilty person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant or respondent unjustly fails to succeed;
+
 
(b) judicial proceedings or the investigation of any crime are obstructed when the judicial proceedings or investigations are impeded or interfered with in any way.
+
(a) judicial proceedings are defeated when an innocent person is convicted or a guilty person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant or respondent unjustly fails to succeed;
 +
 
 +
(b) judicial proceedings or the investigation of any crime are obstructed when the judicial proceedings or investigations are impeded or interfered with in any way.
 +
 
 
(3)  Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath.
 
(3)  Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath.
 +
 
(4)  If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice.
 
(4)  If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice.
185 Escaping from lawful custody
+
 
 +
'''185 Escaping from lawful custody'''
 +
 
 
(1)  Any person who, having been lawfully arrested and held in lawful custody and?
 
(1)  Any person who, having been lawfully arrested and held in lawful custody and?
(a) not having yet been lodged in any prison;  or
+
 
(b) lodged in any prison;
+
(a) not having yet been lodged in any prison;  or
 +
 
 +
(b) lodged in any prison;
 +
 
 
escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable?
 
escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable?
(i) if the crime was committed in any of the aggravating circumstances described in subsection (4)?
+
 
A. to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, where the person had not yet been lodged in any prison;  or
+
(i) if the crime was committed in any of the aggravating circumstances described in subsection (4)?
B. to imprisonment for a period not exceeding ten years where the person had been lodged in any prison;
+
 
or
+
A. to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, where the person had not yet been lodged in any prison;  or
(ii) in any other case?
+
 
A. to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, where the person had not yet been lodged in any prison;  or
+
B. to imprisonment for a period not exceeding ten years where the person had been lodged in any prison;
B. to imprisonment for a period not exceeding seven years, where the person had been lodged in any prison.
+
 
 +
or
 +
 
 +
(ii) in any other case?
 +
 
 +
A. to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, where the person had not yet been lodged in any prison;  or
 +
 
 +
B. to imprisonment for a period not exceeding seven years, where the person had been lodged in any prison.
 +
 
 
(2)  Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable?
 
(2)  Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable?
 +
 
(a) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)?
 
(a) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)?
 
(i) to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
 
(i) to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or

Revision as of 11:20, 3 May 2010