@@ Line 1,898: / Line 1,898: @@
 In this Part?
 "accuse a person of witchcraft" means to indicate that the person?
-	(a)	has used, is using or is likely or able to use non-natural means to cause?
-	(i)	death or injury to or disease or disability in any person;  or
+(a)	has used, is using or is likely or able to use non-natural means to cause?
-	(ii)	destruction or loss of or damage to property of any description;
-		or
+(i)	death or injury to or disease or disability in any person;  or
-	(b)	is possessed by a spirit which has caused, is causing or is likely or able to cause?
-	(i)	death or injury to or disease or disability in any person;  or
+(ii)	destruction or loss of or damage to property of any description;
-	(ii)	destruction or loss of or damage to property of any description;
+or
+(b)	is possessed by a spirit which has caused, is causing or is likely or able to cause?
+(i)	death or injury to or disease or disability in any person;  or
+(ii)	destruction or loss of or damage to property of any description;
 "non-natural means" includes the practice of witch-finding.
-	Engaging in practices commonly associated with witchcraft
+'''98	Engaging in practices commonly associated with witchcraft'''
 (1)  Any person who engages in any practice knowing that it is commonly associated with witchcraft shall be guilty of engaging in a practice commonly associated with witchcraft if, having intended thereby to cause harm to any person, such practice inspires in the person against whom it was directed a real fear or belief that harm will occur to that person or any member of his or her family, and be liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (2)  Spoken or written words shall not in themselves constitute a practice commonly associated with witchcraft for the purpose of this section, unless accompanied by or used in connection with other conduct commonly associated with witchcraft.
 (3)  For the avoidance of doubt it is declared that any person who assists another person to commit the crime of engaging in a practice commonly associated with witchcraft by giving advice or providing any substance or article to enable that person to commit the crime shall be liable to be charged as an accomplice to the crime.
 (4)  A court shall not take judicial notice of any practice that is said to be commonly associated with witchcraft, but any person who, in the opinion of the court, is suitably qualified to do so on account of his or her knowledge, shall be competent to give expert evidence as to whether the practice that forms the subject of a charge under this section is a practice that is commonly associated with witchcraft, whether generally or in the particular area where the practice is alleged to have taken place.
-	Indicating witches and wizards
+'''99	Indicating witches and wizards'''
 (1)  Subject to this section, any person who groundlessly or by the purported use of non-natural means accuses another person of witchcraft shall be guilty of indicating a witch or wizard and liable?
-	(a)	in a case of any purported use of any non-natural means, 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 of any purported use of any non-natural means, 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)  For the avoidance of doubt it is declared that no crime is committed by a person who, without the purported use of non-natural means and having reasonable grounds for suspecting another person of committing an offence referred to in section ninety-eight, accuses that person of committing that offence.
 (3)  It shall not be a defence to a contravention of subsection (1) involving the purported use of any non-natural means for the person charged to prove that the person he or she accused actually engaged in any practice commonly associated with witchcraft, but the court may regard such circumstance as mitigatory when assessing the sentence to be imposed.
-	Employing non-natural means to resolve crimes or delicts
+'''100	Employing non-natural means to resolve crimes or delicts'''
 (1)  Any person who?
-	(a)	by the purported use of non-natural means, intentionally indicates another person as the perpetrator of a crime or delict;  or
-	(b)	in the purported investigation by non-natural means of any crime or delict, requires, advises or incites another person to undergo any test or consume any substance;
+(a)	by the purported use of non-natural means, intentionally indicates another person as the perpetrator of a crime or delict;  or
+(b)	in the purported investigation by non-natural means of any crime or delict, requires, advises or incites another person to undergo any test or consume any substance;
 shall be guilty of employing non-natural means to resolve a crime or delict and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (2)  For the avoidance of doubt it is declared that any person who procures the services of another person to do any act referred to in paragraph (a) or (b) of subsection (1) shall be liable to be charged as an accomplice to the crime of employing non-natural means to resolve a crime or delict.
 (3)  It shall not be a defence to a contravention of subparagraph (a) of subsection (1) for the person charged to prove that the person he or she indicated actually perpetrated a crime or delict, but the court may regard such circumstance as mitigatory when assessing the sentence to be imposed.
-	Belief in witchcraft to operate in mitigation and not as defence to crimes
+'''101	Belief in witchcraft to operate in mitigation and not as defence to crimes'''
 It shall not be a defence to murder, assault or any other crime that the accused was actuated by a genuine belief that the victim was a witch or wizard, but a court convicting such person may take such belief into account when imposing sentence upon him or her for the crime.
-	Charges alternative to or concurrent with charges under Part VI of Chapter V
+'''102	Charges alternative to or concurrent with charges under Part VI of Chapter V'''
 A person accused of engaging in a practice commonly associated with witchcraft, indicating a witch or wizard or employing non-natural means to resolve a crime or delict, involving conduct that is in itself otherwise unlawful?
-	(a)	may be charged in the alternative with the crime constituted by that conduct if the punishment to which the person is liable for that crime is the same or less than that provided for under section ninety-eight, ninety-nine or one hundred, as the case may be;  or
-	(b)	shall be charged with the crime constituted by that conduct, whether or not concurrently with the crime of engaging in a practice commonly associated with witchcraft, indicating a witch or wizard or employing non-natural means to resolve a crime or delict, if the punishment to which the person is liable for that crime is greater than that provided for under section ninety-eight, ninety-nine or one hundred, as the case may be.
-PART VII
+(a)	may be charged in the alternative with the crime constituted by that conduct if the punishment to which the person is liable for that crime is the same or less than that provided for under section ninety-eight, ninety-nine or one hundred, as the case may be;  or
-BIGAMY
-	Interpretation in Part VII of Chapter V
+(b)	shall be charged with the crime constituted by that conduct, whether or not concurrently with the crime of engaging in a practice commonly associated with witchcraft, indicating a witch or wizard or employing non-natural means to resolve a crime or delict, if the punishment to which the person is liable for that crime is greater than that provided for under section ninety-eight, ninety-nine or one hundred, as the case may be.
+'''PART VII'''
+'''BIGAMY'''
+'''103	Interpretation in Part VII of Chapter V'''
 In this Part?
 "actually polygamous marriage" means a polygamous marriage consisting of a husband and two or more wives;
 "monogamous marriage" means?
-	(a)	a marriage celebrated in terms of the Marriage Act [Chapter 5:11] or any enactment repealed by that Act;  or
-	(b)	any other marriage celebrated inside or outside Zimbabwe under a law which prohibits the parties from marrying anyone else whilst they remain married to each other;
+(a)	a marriage celebrated in terms of the Marriage Act [Chapter 5:11] or any enactment repealed by that Act;  or
+(b)	any other marriage celebrated inside or outside Zimbabwe under a law which prohibits the parties from marrying anyone else whilst they remain married to each other;
 "polygamous marriage" means?
-	(a)	a marriage celebrated according to customary law and solemnised in terms of the Customary Marriages Act [Chapter 5:07];  or
-	(b)	an unregistered customary law marriage;  or
+(a)	a marriage celebrated according to customary law and solemnised in terms of the Customary Marriages Act [Chapter 5:07];  or
-	(c)	any other marriage celebrated inside or outside Zimbabwe under a law which permits the husband to marry another woman while remaining married to the wife;
+(b)	an unregistered customary law marriage;  or
+(c)	any other marriage celebrated inside or outside Zimbabwe under a law which permits the husband to marry another woman while remaining married to the wife;
 "potentially polygamous marriage" means a polygamous marriage consisting of a husband and a single wife.
-	Bigamy
+'''104	Bigamy'''
 (1)  Any person who, being a party to?
-	(a)	a monogamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into another marriage, whether monogamous or polygamous, with a person other than his or her spouse by the first-mentioned marriage;  or
-	(b)	an actually polygamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into a monogamous marriage with any person;  or
+(a)	a monogamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into another marriage, whether monogamous or polygamous, with a person other than his or her spouse by the first-mentioned marriage;  or
-	(c)	a potentially polygamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into a monogamous marriage with any person other than his or her spouse by the potentially polygamous marriage;
+(b)	an actually polygamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into a monogamous marriage with any person;  or
+(c)	a potentially polygamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into a monogamous marriage with any person other than his or her spouse by the potentially polygamous marriage;
 shall be guilty of bigamy and liable, if convicted in terms of?
-	(i)	paragraph (a), to a fine not exceeding level six or imprisonment for a period not exceeding one year or both;
-	(ii)	paragraph (b) or (c), to a fine not exceeding level five.
+(i)	paragraph (a), to a fine not exceeding level six or imprisonment for a period not exceeding one year or both;
+(ii)	paragraph (b) or (c), to a fine not exceeding level five.
 (2)  Where a person is accused of bigamy in circumstances where he or she is alleged to have purportedly entered into a monogamous marriage while being a party to an unregistered customary law marriage with another person, and the accused denies that he or she is a party to the unregistered customary law marriage, the burden shall rest upon the prosecution to prove beyond a reasonable doubt that he or she is a party to the unregistered customary law marriage.
-PART VIII
-CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS
+'''PART VIII'''
-	Interpretation in Part VIII of Chapter V
+'''CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS'''
+'''105	Interpretation in Part VIII of Chapter V'''
 In this Part?
 "child" does not include a foetus which has issued forth from its mother before the twenty-eighth week of pregnancy;
 "infant" means a person under the age of seven years;
 "still-born', in relation to a child, means a child which did not at any time after being expelled from its mother breathe or show any signs of life.
-	Concealing birth of child
+'''106	Concealing birth of child'''
 (1)  Any person who buries, abandons or disposes of the body of a child with the intention of concealing the fact of its birth, whether the child was still-born or died during or after its birth, shall be guilty of concealing the birth of a child and liable to a fine not exceeding level seven or imprisonment for a period not exceeding six months or both.
 (2)  A person may be convicted of concealing the birth of a child even though it has not been proved that the child died before its body was buried, abandoned or disposed of.
-	Presumptions relating to concealment of birth
+'''107	Presumptions relating to concealment of birth'''
 (1)  If it is proved, in any prosecution for concealing the birth of a child, that a person buried, abandoned or disposed of the body of a child otherwise than in accordance with the provisions of the Burial and Cremation Act [Chapter 5:03], it shall be presumed, unless the contrary is proved, that he or she buried, abandoned or disposed of the body with the intention of concealing the fact of its birth.
 (2)  If it is proved, in any prosecution for concealing the birth of a child, that a person buried, abandoned or disposed of any human remains, it shall be presumed, unless the contrary is proved, that he or she buried, abandoned or disposed of the body of a child.
-	Exposing an infant
+'''108	Exposing an infant'''
 (1)  Any person who intentionally abandons an infant in such a place or in such circumstances that death may result from the exposure shall be guilty of exposing an infant and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (2)  Where the abandonment of an infant as described in subsection (1)?
-	(a)	results in or was intended to cause the death of the infant, the person who abandoned the infant shall be charged with murder or attempted murder or infanticide or attempted infanticide, as the case may be, whether or not concurrently with exposing an infant in contravention of subsection (1);
-	(b)	does not result in and was not intended to cause the death of the infant, the person who abandoned the infant may be charged concurrently or alternatively under subsection (1) of section 7 of the Children's Act [Chapter 5:06].
+(a)	results in or was intended to cause the death of the infant, the person who abandoned the infant shall be charged with murder or attempted murder or infanticide or attempted infanticide, as the case may be, whether or not concurrently with exposing an infant in contravention of subsection (1);
+(b)	does not result in and was not intended to cause the death of the infant, the person who abandoned the infant may be charged concurrently or alternatively under subsection (1) of section 7 of the Children's Act [Chapter 5:06].
 (3)  When assessing the sentence to be imposed upon a person accused of exposing an infant who is the mother of the infant, regard shall be had to any pressure or stress from which she suffered arising out of any one or more of the following circumstances or considerations?
-	(a)	the effects which the birth had, or which she believed it would have, on her social, financial or marital situation;
-	(b)	the difficulties which were created, or which she believed would be created, in caring for the infant in the social, financial or marital situation in which the infant was born;
+(a)	the effects which the birth had, or which she believed it would have, on her social, financial or marital situation;
-	(c)	the difficulties which she had, or which she believed she would have, in caring for the infant due to her inexperience or incapacity;
-	(d)	any other relevant circumstance or consideration.
+(b)	the difficulties which were created, or which she believed would be created, in caring for the infant in the social, financial or marital situation in which the infant was born;
-PART IX
-CRIMES IN RELATION TO GRAVES AND CORPSES
+(c)	the difficulties which she had, or which she believed she would have, in caring for the infant due to her inexperience or incapacity;
-	Interpretation in Part IX of Chapter V
+(d)	any other relevant circumstance or consideration.
+'''PART IX'''
+'''CRIMES IN RELATION TO GRAVES AND CORPSES'''
+'''109	Interpretation in Part IX of Chapter V'''
 In this section?
 "grave" includes any monument, vault or tombstone, whether situated in a cemetery established in terms of the Cemeteries Act [Chapter 5:04] or not;
 "violate", in relation to a grave, includes to destroy or damage the grave or the immediate surrounds of the grave, or take any article therefrom.
-	Violating graves
+'''110	Violating graves'''
 Any person who violates a grave in which human remains are situated, knowing that he or she is doing so or realising that there is a real risk or possibility that he or she may be doing so, shall be guilty of violating a grave and liable to a fine not exceeding level seven or imprisonment for a period not exceeding one year or both.
-	Violating corpses
+'''111	Violating corpses'''
 (1)  Any person who damages, mutilates, removes pieces from or otherwise violates a dead human body, knowing that he or she is doing so or realising that there is a real risk or possibility that he or she may be doing so, shall be guilty of violating a corpse and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 (2)  Notwithstanding subsection (1), it shall be lawful for any person?
-	(a)	to remove tissue from or carry out a post-mortem examination on or otherwise deal with a dead human body in accordance with the Inquests Act [Chapter 7:07], the Anatomical Donations and Post-mortem Examinations Act [Chapter 15:01], or any other enactment;  or
-	(b)	to do anything necessary for the purpose of embalming a dead human body or preparing it for burial, cremation or other lawful disposal.
+(a)	to remove tissue from or carry out a post-mortem examination on or otherwise deal with a dead human body in accordance with the Inquests Act [Chapter 7:07], the Anatomical Donations and Post-mortem Examinations Act [Chapter 15:01], or any other enactment;  or
-CHAPTER VI
-PROPERTY CRIMES
+(b)	to do anything necessary for the purpose of embalming a dead human body or preparing it for burial, cremation or other lawful disposal.
-PART I
-THEFT AND RELATED CRIMES
+== CHAPTER VI ==
-Division A: Preliminary
-	Interpretation in Part I of Chapter VI
+===PROPERTY CRIMES===
+'''PART I'''
+'''THEFT AND RELATED CRIMES'''
+'''Division A: Preliminary'''
+'''112	Interpretation in Part I of Chapter VI'''
 In this Part?
 "property capable of being stolen" means any movable corporeal thing or object, or any incorporeal right vested in a person relating to movable or immovable property, and?
-	(a)	includes?
+(a)	includes?
-	(i)	money, whether in the form of cash, specific notes or coins, an entry in an account or other abstract sum of money or claim to be paid an amount of money;  and
-	(ii)	shares in any business undertaking;
+(i)	money, whether in the form of cash, specific notes or coins, an entry in an account or other abstract sum of money or claim to be paid an amount of money;  and
-	(iii)	the following incorporeal things in so far as they may be illegally tapped or diverted from their intended destination?
-	A.	electricity;  and
+(ii)	shares in any business undertaking;
-	B.	electromagnetic waves emitted by a telecommunications or broadcasting system;
-	(b)	does not include any of the following things?
+(iii)	the following incorporeal things in so far as they may be illegally tapped or diverted from their intended destination?
-	(i)	property that is common to everyone, such as water in a public stream or air in the atmosphere;
-	(ii)	wild animals, birds, insects and fish that have not been reduced to captivity;
+A.	electricity;  and
-	(iii)	eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken into possession by anyone;
-	(iv)	property that has been finally and absolutely abandoned by its owner, that is, thrown away or otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
+B.	electromagnetic waves emitted by a telecommunications or broadcasting system;
+(b)	does not include any of the following things?
+(i)	property that is common to everyone, such as water in a public stream or air in the atmosphere;
+(ii)	wild animals, birds, insects and fish that have not been reduced to captivity;
+(iii)	eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken into possession by anyone;
+(iv)	property that has been finally and absolutely abandoned by its owner, that is, thrown away or otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
 "steal" means to commit theft or stock theft, as the case may be;
 "take", in relation to property capable of being stolen, means?
 	(a)	taking possession or control of a movable corporeal thing or object;
 	(b)	being in possession of a movable corporeal thing or object and assuming the rights of an owner in respect of it;

Difference between revisions of "Zimbabwe Criminal Code"

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