View source for Zimbabwe

{{Languages|Zimbabwe}}

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|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ZIMBABWE CRIMINAL DEFENSE MANUAL</h2>
# [[Zimbabwe Criminal Defense Manual - Introduction | Introduction]]
# [[Zimbabwe Criminal Defense Manual - Defense Lawyer's Role and Responsibilities |Defense Lawyer's Role and Responsibilities]]
# [[Zimbabwe Criminal Defense Manual - Pre-Trial Matters |Pre-Trial Matters]]
# [[Zimbabwe Criminal Defense Manual - Jurisdiction of Courts|Jurisdiction of Courts]]
# [[Zimbabwe Criminal Defense Manual - Preparing for Trial | Preparing for Trial]]
# [[Zimbabwe Criminal Defense Manual - Trial|Trials]]
# [[Zimbabwe Criminal Defense Manual - Rules of Evidence | Rules of Evidence]]
# [[Zimbabwe Criminal Defense Manual - Criminal Law Code | Criminal Law Code]]
# [[Zimbabwe Criminal Defense Manual - Verdict |Verdict]]
# [[Zimbabwe Criminal Defense Manual - Sentence |Sentence]]
# [[Zimbabwe Criminal Defense Manual - Record of Proceedings |Record of Proceedings]]
# [[Zimbabwe Criminal Defense Manual - Appeals | Appeals]]
# [[Zimbabwe Criminal Defense Manual - Automatic Review and Scrutiny | Automatic Review and Scrutiny]]
# [[Zimbabwe Criminal Defense Manual - Miscellaneous Matters |Miscellaneous Matters]]

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* [[Zimbabwe Legal Aid Act]]
* [[The Constitution of Zimbabwe]]
* [[Zimbabwe Criminal Code]]

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*[[Media:ACHPR_PrinciplesandGuidelines_FairTrial.pdf | Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa]]
*[http://caselaw.ihrda.org African Human Rights Case Law Analyser]

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* [http://elearning.ibj.org eLearning Courses for Zimbabwean lawyers ]
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Zimbabwe is located in Southern Africa and has a population of about 16 million people.<ref>https://data.worldbank.org/indicator/SP.POP.TOTL?locations=ZW</ref>The country is divided into seven  provinces and three  cities with provincial status (Harare, Masvingo and Bulawayo), Harare being its capital and largest city.<ref>Wikipedia, https://en.wikipedia.org/wiki/Provinces_of_Zimbabwe, last accessed July 15, 2019</ref>

After 1980 Zimbabwe was widely regarded as a model African democracy. However, since 2000, the country has been engulfed in a crippling political, economic, and humanitarian crisis that has virtually wiped out the progress made over the previous two decades. An estimated 3.5 million Zimbabweans have fled the country over the past seven years. The long-standing president Robert Mugabe lost power in November 2017 after being dismissed by a bloodless coup by the military.<ref>Columbia International Affairs Online, http://www.ciaonet.org.proxy.wm.edu/record/41016?search=1, last accessed July 16, 2019</ref> In 2018, Emmerson Mnangagwa was elected and sworn in as president, with his term to end in 2023.<ref>US State Department 2018 Country Reports on Human Rights Practices: Zimbabwe, https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/zimbabwe/, last accessed July 16, 2019</ref> Although there were improvements to the election process, international organisations stated that major reforms to stop corruption still need to be implemented.<ref>US State Department 2018 Country  Reports on Human Rights Practices: Zimbabwe, https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/zimbabwe/, last accessed July 16, 2019</ref>

Zimbabwe once boasted one of Africa's most sophisticated and developed legal communities. However, the country's justice system was adversely affected by the political meltdown, with lawyers and judges fleeing the country by the hundreds. The country's prisons swelled and the pre-trial detention population soared. During this period of turmoil, torture became widely accepted as a legitimate tool for police investigation and judicial sanctions. According to the U.S. State Department’s 2018 Country Reports on Human Rights Practices in Zimbabwe, ongoing human rights problems include “arbitrary killings, government-targeted abductions, and arbitrary arrests; torture; harsh prison conditions; criminal libel; censorship; restrictions on freedoms of assembly, association, and movement; government corruption; ineffective government response towards violence against women; and criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct”. <ref>US State Department 2018 Country  Reports on Human Rights Practices: Zimbabwe, https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/zimbabwe/, last accessed July 16, 2019</ref>


A truncated historical timeline<ref>For a fuller chronology of key events in Zimbabwe see: https://www.bbc.com/news/world-africa-14113618</ref> is provided below:
* '''1980''' - Veteran pro-independence leader Robert Mugabe and his ZANU party win British-supervised independence elections. Mugabe is named prime minister and includes ZAPU leader Joshua Nkomo in his cabinet. Independence on 18 April is internationally recognised.

* '''1982''' - Mugabe sacks Nkomo, accusing him of preparing to overthrow the government.North Korean-trained Fifth Brigade deployed to crush rebellion by pro-Nkomo ex-guerrillas in Midlands and Matabeleland provinces. Government forces are accused of killing thousands of civilians over next few years.

* '''1987''' - Mugabe, Nkomo merge their parties to form Zanu-PF, ending the violence in southern areaMugabe changes constitution, becomes executive president.Robert Mugabe

* '''1999''' - Economic crisis, Zimbabwe's military involvement in DR Congo's civil war becomes increasingly unpopular. Opposition Movement for Democratic Change (MDC) formed.

* '''2000 February''' - President Mugabe suffers defeat in referendum on draft constitution. Squatters seize hundreds of white-owned farms in an ongoing and violent campaign to reclaim what they say was stolen by settlers.

* '''2002 March''' - Mugabe re-elected in presidential elections condemned as seriously flawed by the opposition and foreign observers. Commonwealth suspends Zimbabwe from its councils for a year after concluding that elections were marred by high levels of violence.

* '''2003 December''' - Zimbabwe pulls out of Commonwealth after organisation decides to extend suspension of country indefinitely.

* '''2005 May-July''' - Tens of thousands of shanty dwellings and illegal street stalls are destroyed as part of a "clean-up" programme. The UN estimates that the drive has left about 700,000 people homeless.

* '''2006 December''' - Ruling Zanu-PF party approves a plan to move presidential polls from 2008 to 2010, effectively extending Mr Mugabe's rule by two years.

* '''2008 May''' - Electoral body says Tsvangirai won most votes in presidential poll, but not enough to avoid a run-off against Mugabe.

* '''2008 June''' - Run-off goes ahead. Mugabe declared winner. Tsvangirai pulled out days before poll, complaining of intimidation. Russia,China veto a Western-backed UN Security Council resolution to impose sanctions.

* '''2008 Sept''' - Mugabe, Tsvangirai sign power-sharing agreement. Implementation stalls over who gets top ministerial jobs.

* '''2009 February''' - Tsvangirai is sworn in as prime minister, after protracted talks over formation of government. A month later he is injured in a car crash that kills his wife.

* '''2011 December''' - President Mugabe says he will run in the next elections. He condemns the current power-sharing government as a monster.

* '''2012 February''' - Constitutional Select Committee completes draft of new constitution, but Zanu-PF and MDC continue to quarrel about the details.

* '''2013 March''' - New constitution approved by an overwhelming majority in a referendum. Future presidents will be limited to two five-year terms.

* '''2013 July''' - Presidential and parliamentary elections. Mr Mugabe gains a seventh term in office and his Zanu-PF party three-quarters of the seats in parliament. The opposition MDC dismisses the polls as a fraud.

* '''2015 June''' - Central Bank formally phases out the Zimbabwe dollar, formalising the multi-currency system introduced to counter hyper-inflation.

* '''2016 November''' - A new national currency - called bond notes - is introduced amid public resistance.

* '''2017 November''' - Mr Mugabe resigns days after the military takes control. Emmerson Mnangagwa becomes president.

* '''2018 February''' - Opposition leader Morgan Tsvangirai dies after a battle with cancer.

* '''2018 June''' - A bomb explodes near Mr Mnangagwa at a rally in Bulawayo, leaving him unhurt but killing two people. Campaigning for the 30 July presidential election is underway.

* '''2018 July''' - Mr Mnangagwa narrowly wins first post-independence presidential election without Mr Mugabe on the ballot paper. Opponent Nelson Chamisa, of the MDC Alliance, says he will not accept the "fake results".

* '''2018 August''' - Constitutional Court upholds Mr Mnangagwa's election victory after it was challenged by the opposition MDC Alliance, paving the way for his inauguration two days later.


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Zimbabwe's legal system is a common-law system based on Roman-Dutch law as subsequently modified. <ref>Section 192, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref> It has also been influenced by the system of nearby [[South Africa]]. 

==Structure of the criminal justice system==

===Applicable law and the judicial system===

The judiciary in Zimbabwe  is made up of the following courts<ref>Section 162, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>:

a)	Constitutional Court<ref>Sections 166-167, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

b)	 Supreme Court<ref>Sections 168-169, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

c)	 High Court<ref>Sections 170-171, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

d)	 Labour Court<ref>Sections 172, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

e)	Administrative Court<ref>Sections 173, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

f)	Magistrates courts<ref>Sections 174, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

g)	Customary law courts<ref>Section 162 (g), Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>

h)	Other courts established by or under an Act of Parliament.


However the only courts with criminal jurisdiction in Zimbabwe  are the following<ref>Section 193, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>:

a)	Constitutional Court : based in Harare and its composition and jurisdiction is provided for by law.

b)	Supreme Court : based in Harare and its composition and jurisdiction is provided for by law.

c)	High Court: there are four courts located in Harare, Bulawayo, Masvingo and Mutare, its composition and jurisdiction is provided for by law.

d)	Magistrates Courts: there are 58 courts distributed throughout the country and its composition and jurisdiction is provided for by law.

e)	A court or tribunal that deals with cases under a disciplinary law to the extent that the jurisdiction is necessary for the enforcement of discipline in the disciplined force concerned


The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice and five other judges.<ref>Constitution, Chap 8, Part 1, Art 166</ref> This Court is the highest court regarding constitutional matters,<ref>Constitution, Chap 8, Part 1, Art 167(1)(a)</ref> which can include cases of “alleged infringements of a fundamental human right or freedom enshrined in Chapter 4, or concerning the election of a President or Vice-President …”<ref>Constitution, Chap 8, Part 1, Art 166(3)(a)</ref> or the constitutionality of legislation, elections or Presidential obligations.<ref>Constitution, Chap 8, Part 1, Art 167(2)</ref>


The Supreme Court is made up of the Chief Justice, the Deputy Chief Justice, no fewer than two judges and any additional judges from the High Court that the Chief Justice deems necessary to appoint. The Supreme Court is the final court of appeal for all cases except those which the Constitutional Court has jurisdiction over. 


The High Court has original jurisdiction over all criminal cases, supervises lower courts and reviews their decisions and decides constitutional cases, except cases which only the Constitutional Court can decide.<ref>Constitution, Chap 8, Part 1, Art 171(1)</ref> The High Court has appellate jurisdiction by Acts of Parliament, <ref>Constitution, Chap 8, Part 1, Art 171(2)</ref> which have established specialised courts for certain types of cases.<ref>Judicial Laws Amendment (Ease  of Settling Commercial and Other Disputes) Bill, Part 2, Art 46A(2), 2016</ref> The Court must consist of a Chief Justice, Deputy Chief Justice and Judge President as well as other appointed judges. <ref>Constitution, Chap 8, Part 1, Art 170</ref>


The Labour Court has “jurisdiction over matters of labour and employment,”<ref>Constitution, Chap 8, Part 1, Art 172(2)</ref> and the Administrative Court has “jurisdiction over administrative matters.”<ref>Constitution, Chap 8, Part  1, Art 173(2)</ref> The Constitution also provides that Parliament can establish magistrates courts for civil and criminal cases; courts subordinate to the High Court; and “tribunals for arbitration, mediation and other forms of alternative dispute resolution.”<ref>Constitution, Chap 8, Part 1, Art 174</ref> The Parliament has established 59 magistrate courts in the country.<ref>Zimbabwe Judicial Service Commission, https://www.jsc.org.zw/magistrates, last accessed July 16, 2019</ref>


===Prosecuting authority===

The National Prosecuting Authority led by the Prosecutor-General is responsible for instituting and undertaking criminal prosecutions.<ref>Sections 258-262, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref> The law however also provides for private criminal prosecutions to be conducted by any other person in terms of the dictates of the law.<ref>Section 263, Constitution of Zimbabwe Amendment (No. 20) Act, 2013 and Part III, Criminal Procedure and Evidence Act (Chapter 9:07)</ref>


===Criminal law sources===

The criminal law in Zimbabwe is codified in the Criminal Codification and Reform Act (Chapter 9:23). The rules of evidence and procedure to be followed in criminal proceedings is governed by the Criminal Procedure and Evidence Act (Chapter 9:07). 

Case law and judgements can be accessed online on the following sites:

•	https://zimlii.org/

•	http://www.zimbabwelawreports.com/law-reports.html


===Powers of arrest===

In terms of the Criminal Procedure and Evidence Act (Chapter 9:07) the following persons have the power to arrest in the prescribed circumstances:

a)	Any '''judge, magistrate or justice official''', who has knowledge of any offence by seeing it committed, himself to arrest the offender or by a verbal order to authorize others so to do,<ref>Section 24 (1) Criminal Procedure and Evidence Act (Chapter 9:07)</ref>

b)	Any '''Peace Officer'''<ref>“any magistrate or justice; the Sheriff or any deputy sheriff; any police officer; any prison officer;
any immigration officer; any inspector of mines; any chief, within his area; and headman, within his chief’s area; and village head, within the area of his village; and chief’s messenger or headman’s messenger, within the chief’s area; as defined in the Traditional Leaders Act [Chapter 29:17];any other person designated by the Minister by a statutory instrument;” Section 2 Criminal Procedure and Evidence Act (Chapter 9:07)</ref> is empowered in general to '''arrest with a warrant'''  and '''without a warrant'''<ref>Section 33, Criminal Procedure and Evidence Act (Chapter 9:07)</ref>: any person who commits any offence in his presence; any person whom he or she has reasonable grounds to suspect of having committed any of the offences mentioned in the '''First Schedule'''<ref>First Schedule, Criminal Procedure and Evidence Act (Chapter 9:07)</ref> or the '''Ninth Schedule'''<ref>Ninth Schedule, Criminal Procedure and Evidence Act (Chapter 9:07)</ref> or under the other specific circumstances provided by law.<ref>Section 25, Criminal Procedure and Evidence Act (Chapter 9:07)</ref>

c)	Any '''Private Person''' is authorized to arrest any person in whose presence commits or attempts to commit an offence mentioned in the '''First Schedule'''<ref>First Schedule, Criminal Procedure and Evidence Act (Chapter 9:07)</ref> or any other person whom he believes on reasonable grounds to have committed an offence and to be escaping; any person whom he or she sees engaged in fighting in a public place in order to prevent such person from continuing the fight.<ref>For fuller details see Sections 27-31A, Criminal Procedure and Evidence Act (Chapter 9:07)</ref>

In most cases though arrests for criminal offences are usually carried out by the Zimbabwe Republic Police established in terms of the Constitution of Zimbabwe<ref>Sections 219-223, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref> read together with the Police Act (Chapter 11:10).


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==In forma pauperis==

The Magistrates Court Civil Rules, the High Court Rules and the Rules of the Supreme Court make provision for in forma pauperis, which is a procedure allowing for an indigent litigant to apply to the court for assistance in getting legal representation and a waiver of the costs which would be ordinarily paid in the course of civil litigation.

==Legal Aid Directorate==

The Legal Aid Directorate is  a department in the Ministry of Justice, Legal & Parliamentary Affairs set up in terms of the Legal Aid Act of 1996 (Chapter 7:16). The Legal Aid Directorate is tasked with providing legal aid in criminal and civil litigation, to people who have insufficient means to obtain the services of a legal practitioner on their own.<ref>Sections 8-9 Legal Aid Act (Chapter 7:16)</ref> The Legal Aid Directorate has offices in the largest cities of eight of Zimbabwe’s provinces (Harare, Bulawayo, Gweru, Mutare, Masvingo, Bindura, Chinhoyi and Gwanda). 


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The [[The Constitution of Zimbabwe | Zimbabwe Constitution]] provides for an elaborate Bill of Rights in its Chapter 4. Part 2 of Chapter 4 (Articles 48 to 78) enshrines Fundamental Human Rights and Freedoms. These rights include the right to human dignity<ref>Section 51, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>; the right to personal security <ref>Section 52, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>; the right to personal liberty<ref>Article 49 of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>; the rights of arrested and detained persons<ref>Article 50 of the Constitution of Zimbabwe</ref>; freedom from torture or cruel, inhuman or degreading treatment or punishment<ref>Article 53 of the Constitution of Zimbabwe</ref>; right to administrative justice <ref>Article 68 of the Constitution of Zimbabwe</ref>; right to a fair hearing<ref>Article 69 of the Constitution of Zimbabwe</ref>; and the rights of accused persons.<ref>Article 70 of the Constitution of Zimbabwe</ref> These articles ensure that an accused person has the right to counsel and is given a speedy trial where they are informed of their relevant rights and all charges against them.<ref>Articles 50, 68, 70 of the Constitution of Zimbabwe</ref>Specifically, Article 70 provides for the presumption of innocence, the right to private or public legal representation, and the right to receive information regarding their arrest in a language they understand.

Chapter 4, Part 5, Article 85 provides for the limitation of rights and freedoms. Article 85(3) states that the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment, the right to a fair trial;  and the right to obtain an order of habeas corpus  can never be limited, and “no person may violate them.


===Rights of arrested and detained persons===

Accused persons are entitled to the enjoyment of the rights provided for in the Bill of Rights with the limitations allowed by law in relation to arrest and do not forfeit their rights just by mere fact of arrest. The [[The Constitution of Zimbabwe | Zimbabwe Constitution]] also provides specifically for the Rights of arrested and detained persons<ref>Section 50, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref> and these state interalia that any person who is arrested:

a)	must be informed at the time of arrest of the reason for the arrest; 

b)	must be permitted, without delay-- (i) at the expense of the State, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice; and (ii) at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice; (ii) and must be informed of this right promptly; 

c)	must be treated humanely and with respect for their inherent dignity; 

d)	must be released unconditionally or on reasonable conditions, pending a charge or trial, unless there are compelling reasons justifying their continued detention;

e)	 must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful.

===Rights of accused persons===

The [[The Constitution of Zimbabwe | Zimbabwe Constitution]] also provides specifically for the Rights of Accused Persons. <ref>Section 70, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref> 
Any person accused of an offence has among others the following rights:

a)	to be presumed innocent until proved guilty;

b)	to be informed promptly of the charge, in sufficient detail to enable them to answer it;

c)	to be given adequate time and facilities to prepare a defence;

d)	to choose a legal practitioner and, at their own expense, to be represented by that legal practitioner;

e)	to be represented by a legal practitioner assigned by the State and at State expense, if substantial injustice would otherwise result;

f)	    to be informed promptly of the rights;

g)	to be present when being tried;

h)	to adduce and challenge evidence;

i)	    to remain silent and not to testify or be compelled to give self-incriminating evidence;

j)	    to have the proceedings of the trial interpreted into a language that they understand;

k)	 not to be convicted of an act or omission that was not an offence when it took place; 

l)	    not to be convicted of an act or omission that is no longer an offence;

m)	 not to be tried for an offence in respect of an act or omission for which they have previously been pardoned or either acquitted or convicted on the merits;

n)	to be sentenced to the lesser of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing

===Right to a fair hearing===


The Constitution of Zimbabwe makes provision for the right to a fair hearing<ref>Section 69, Constitution of Zimbabwe Amendment (No. 20) Act, 2013</ref>, which entails the following:


a)	    Every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and impartial court.

b)	 In the determination of civil rights and obligations, every person has a right to a fair, speedy and public hearing within a reasonable time before an independent and impartial court, tribunal or other forum established by law.

c)	Every person has the right of access to the courts, or to some other tribunal or forum established by law for the resolution of any dispute.

d)	 Every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum.


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==Pre-Trial==

In order to make an arrest, a police officer must have reasonable suspicion that a crime has been committed or is about to be committed (Criminal Procedure and Evidence Act, Part V, Section 33). A warrant is required unless the defendant has committed or attempted to commit the crime in the presence of a police officer (Criminal Procedure and Evidence Act, Part V, Section 25). If arrested with a warrant the defendant must be brought to a police station or charging station as soon as possible (Criminal Procedure and Evidence Act, Part V, Section 32). A defendant may be detained for no more than 48 hours unless a magistrate authorizes an extension of the detention (Criminal Procedure and Evidence Act, Part V, Section 32). Police officers can physically restrain a person and remove them to a police station or charging office without intending to arrest them for no more than twenty-four hours (Criminal Procedure and Evidence Act, Part V, Section 39).  Upon arresting someone, a police officer must adequately inform the arrestee of their legal rights and the reasons for the arrest in a language they understand (Criminal Procedure and Evidence Act, Part V, Sec 41A).  The Seventh Schedule of the CPEA details offences which may qualify for extended imprisonment. 

==Trial==

Section 10 of the Legal Aid Act provides for legal aid in criminal cases when a judge, magistrate or attorney general believes it is in the interests of justice and the individual has insufficient means to pay a private attorney. Generally every client accused of homicide is entitled to a legal aid lawyer.

The defense lawyer has the right to cross-examine State witnesses (Legal Aid Act, Art 115A(4)(a)). Statements to police may be admitted only if freely and voluntarily made without undue influence<ref>Legal Aid Act, Art 256(1)</ref>. The prosecutor can apply to the magistrate to confirm any statement made freely and voluntarily by the accused.<ref>Legal Aid Act, Art 113(1)-(3)</ref>  If the accused claims that he did not make the statement or he did not make the statement freely and voluntarily, the magistrate will investigate further to decide whether to admit the statement.<ref>Legal Aid Act, Art 113(4)</ref>


The Prosecutor-General can refuse to allow the state to pursue a case if “there is no possibility (or only a remote possibility) of proving the charge against the accused beyond a reasonable doubt.”<ref>Legal Aid Act, Art 16(3)(b)</ref> The testimony of one witness alone will not meet the state’s burden of proof in cases of perjury and treason.  If the defendant does not mention a relevant fact to their defence as requested by the court, the prosecution and court can draw relevant inferences from the failure to mention the fact and treat these inferences as corroborating other evidence.<ref>Legal Aid Act,  Part VII, Art 67(2)</ref>

==Post-Conviction==

After conviction, a defendant may appeal the conviction, sentence or both (Zimbabwe Constitution, Art 70(5)(b)). The grounds must be set out clearly in the notice and grounds for appeal. In exceptional circumstances a court may hear new evidence that was not admitted at the trial court (Legal Aid Act, Art 10(2)(c)).


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==Minimum age of criminal responsibility==

A child below the age of seven years shall be deemed to lack criminal capacity and shall not be tried for or convicted of any crime which he or she is alleged to have committed before attaining that age; whilst over the age of seven years but below the age of fourteen years at the time of the conduct constituting any crime which he or she is alleged to have committed shall be presumed, unless the contrary is proved beyond a reasonable doubt.<ref>Sections 6-8, Criminal Codification and Reform Act (Chapter 9:23)</ref>

==Degree and burden of proof in criminal cases==

Every accused person is presumed innocent and the onus/burden to prove guilt is on the state/prosecution to prove guilt beyond reasonable doubt.<ref>Section 18, Criminal Codification and Reform Act (Chapter 9:23)</ref>

==''Nullum crimen sine lege and Nulla poena sine lege''==

No person should face criminal punishment except for an act that was criminalized by law before he/she performed the act and one cannot be punished for doing something that is not prohibited by law.<ref>Section 9, Criminal Codification and Reform Act (Chapter 9:23)</ref>

==Entitlement to bail==

A person who is in custody in respect of an offence shall be entitled to be released on bail at any time after he or she has appeared in court on a charge and before sentence is imposed, unless the court finds that it is in the interests of justice that he or she should be detained in custody. <ref>Sections 115C and 117, Criminal Procedure and Evidence Act (Chapter 9:07)</ref>



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==Prisons==

Zimbabwe has 46 main prisons with an official total holding capacity of 17000 inmates and according to the official statistics compiled in 2019 the occupancy level was 114% with a total prison population of 19.382 inmates as of April 2019. 18.6% of the inmates are pre-trial detainees / remand prisoners; 2.4% are female prisoners; 0.6% are juveniles / minors / young prisoners under the age of 18; 1.9% are foreign prisoners.<ref>http://www.prisonstudies.org/country/zimbabwe</ref>

==Police ranking==

The Zimbabwe Republic Police (ZRP) was ranked at position 102 out of 127 nations with regard to the ability of security bodies to render security services. <ref>http://www.ipsa-police.org/Images/uploaded/Pdf%20file/WISPI%20Report.pdf</ref>

==Corruption ranking==

Zimbabwe in 2017 was 157 out of 180 states in terms of perceptions of public sector corruption.<ref>https://www.transparency.org/country/ZWE</ref>

==Rule of law ranking==

Zimbabwe is ranked 17 out of 18 states regionally and 108 out of 113 states global in relation to rule of law adherence.<ref>http://data.worldjusticeproject.org/#/groups/ZWE</ref>

==Global peace ranking==

Zimbabwe is ranked 124 out of 163 states in relation to the state of peace using three thematic domains: the level of Societal Safety and Security; the extent of Ongoing Domestic and International Conflict; and the degree of Militarisation.<ref>https://reliefweb.int/sites/reliefweb.int/files/resources/Global-Peace-Index-2018-2.pdf</ref>

==Fragile States ranking==

Zimbabwe was flagged as one of the worsened countries in relation to state fragility in 2018 and was ranked as the 10th most fragile state out 178 states.<ref>http://fundforpeace.org/fsi/wp-content/uploads/2018/04/951181805-Fragile-States-Index-Annual-Report-2018.pdf</ref>


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See [[Criminal Justice Systems Around the World]]

==References==
<references/>

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