Difference between revisions of "Zimbabwe Criminal Code"

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It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if?
 
It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if?
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(a) the taking, dealing with or using of the property was not authorised by any agreement between the accused and his or her co-owner, spouse or partner;  and
+
 
−
(b) in the case of a charge of theft or stock theft, the accused took, dealt with or used the property with the intention of depriving his or her co-owner, spouse or partner permanently of the ownership, possession or control of the property:
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(a) the taking, dealing with or using of the property was not authorised by any agreement between the accused and his or her co-owner, spouse or partner;  and
 +
 
 +
(b) in the case of a charge of theft or stock theft, the accused took, dealt with or used the property with the intention of depriving his or her co-owner, spouse or partner permanently of the ownership, possession or control of the property:
 +
 
 
Provided that no prosecution shall be instituted against a spouse for stealing or unlawfully borrowing or using property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
 
Provided that no prosecution shall be instituted against a spouse for stealing or unlawfully borrowing or using property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
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121 Theft and stock theft continuing crimes
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 +
'''121 Theft and stock theft continuing crimes'''
 +
 
 
(1)  The crime of theft or stock theft continues to be committed by a thief even if the thief subsequently loses possession of the property he or she has stolen.
 
(1)  The crime of theft or stock theft continues to be committed by a thief even if the thief subsequently loses possession of the property he or she has stolen.
 +
 
(2)  Regardless of whether a thief remains in possession of the property he or she has stolen?
 
(2)  Regardless of whether a thief remains in possession of the property he or she has stolen?
−
(a) he or she may be tried for the theft or stock theft by any court within whose area of jurisdiction he or she possessed the stolen property, even if he or she originally stole the property outside the court's area of jurisdiction or outside Zimbabwe;  and
+
 
−
(b) any person who assists him or her while he or she is in possession of the stolen property may be charged and convicted as an accomplice to the theft or stock theft.
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(a) he or she may be tried for the theft or stock theft by any court within whose area of jurisdiction he or she possessed the stolen property, even if he or she originally stole the property outside the court's area of jurisdiction or outside Zimbabwe;  and
−
122 Pledge-taking cases
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 +
(b) any person who assists him or her while he or she is in possession of the stolen property may be charged and convicted as an accomplice to the theft or stock theft.
 +
 
 +
'''122 Pledge-taking cases'''
 +
 
 
(1)  Where a person takes possession or control of property capable of being stolen which is owned, possessed or controlled by another person, intending to hold the property as a pledge or security pending the satisfaction of a debt owed by that other person, he or she shall not be chargeable with theft of the property or stock theft unless he or she intended to deprive the other person permanently of his or her ownership, possession or control of the property, but he or she may be charged with unauthorised borrowing or use of the property.
 
(1)  Where a person takes possession or control of property capable of being stolen which is owned, possessed or controlled by another person, intending to hold the property as a pledge or security pending the satisfaction of a debt owed by that other person, he or she shall not be chargeable with theft of the property or stock theft unless he or she intended to deprive the other person permanently of his or her ownership, possession or control of the property, but he or she may be charged with unauthorised borrowing or use of the property.
 +
 
(2)  A person who takes property capable of being stolen, intending to deprive the owner permanently of his or her ownership, contrary to the terms on which the person received possession or control of it from the owner as a pledge or security pending the satisfaction of a debt owed to him or her, shall be chargeable with theft or stock theft, as the case may be.
 
(2)  A person who takes property capable of being stolen, intending to deprive the owner permanently of his or her ownership, contrary to the terms on which the person received possession or control of it from the owner as a pledge or security pending the satisfaction of a debt owed to him or her, shall be chargeable with theft or stock theft, as the case may be.
 
123 Recent possession of stolen property
 
123 Recent possession of stolen property
 +
 
(1)  Subject to subsection (2), where a person is found in possession of property that has recently been stolen and the circumstances of the person's possession are such that he or she may reasonably be expected to give an explanation for his or her possession, a court may infer that the person is guilty of either the theft of the property or stock theft, or of receiving it knowing it to have been stolen, whichever crime is the more appropriate on the evidence, if the person?
 
(1)  Subject to subsection (2), where a person is found in possession of property that has recently been stolen and the circumstances of the person's possession are such that he or she may reasonably be expected to give an explanation for his or her possession, a court may infer that the person is guilty of either the theft of the property or stock theft, or of receiving it knowing it to have been stolen, whichever crime is the more appropriate on the evidence, if the person?
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(a) cannot explain his or her possession;  or
+
 
−
(b) gives an explanation of his or her possession which is false or unreasonable.
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(a) cannot explain his or her possession;  or
 +
 
 +
(b) gives an explanation of his or her possession which is false or unreasonable.
 +
 
 
(2)  A court shall not draw the inference referred to in subsection (1) unless the circumstances of the person's possession of the property are such that, in the absence of an explanation from him or her, the only reasonable inference is that he or she is guilty of theft, stock theft or receiving stolen property knowing it to have been stolen, as the case may be.
 
(2)  A court shall not draw the inference referred to in subsection (1) unless the circumstances of the person's possession of the property are such that, in the absence of an explanation from him or her, the only reasonable inference is that he or she is guilty of theft, stock theft or receiving stolen property knowing it to have been stolen, as the case may be.
  
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Division C: Receiving or possessing stolen property
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'''Division C: Receiving or possessing stolen property'''
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124 Receiving stolen property knowing it to have been stolen
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 +
'''124 Receiving stolen property knowing it to have been stolen'''
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(1)  Any person who takes possession of stolen property?
 
(1)  Any person who takes possession of stolen property?
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(a) knowing that it has been stolen;  or
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−
(b) realising that there is a real risk or possibility that it has been stolen;
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(a) knowing that it has been stolen;  or
 +
 
 +
(b) realising that there is a real risk or possibility that it has been stolen;
 +
 
 
shall be guilty of receiving stolen property knowing it to have been stolen, and liable to?
 
shall be guilty of receiving stolen property knowing it to have been stolen, and liable to?
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(i) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
+
 
−
(ii) imprisonment for a period not exceeding twenty-five years;
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(i) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
 +
 
 +
(ii) imprisonment for a period not exceeding twenty-five years;
 +
 
 
or both.
 
or both.
 +
 
(2)  If it is proved in a prosecution for receiving stolen property knowing it to have been stolen that, at the time the accused took possession of the property, he or she did not know that it had been stolen or did not realise that there was a real risk or possibility that it had been stolen, but acquired such knowledge or came to such a realisation afterwards, he or she may be convicted of theft or stock theft or of being found in possession of property reasonably suspected of being stolen, if the facts support such a conviction.
 
(2)  If it is proved in a prosecution for receiving stolen property knowing it to have been stolen that, at the time the accused took possession of the property, he or she did not know that it had been stolen or did not realise that there was a real risk or possibility that it had been stolen, but acquired such knowledge or came to such a realisation afterwards, he or she may be convicted of theft or stock theft or of being found in possession of property reasonably suspected of being stolen, if the facts support such a conviction.
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125 Possessing property reasonably suspected of being stolen
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 +
'''125 Possessing property reasonably suspected of being stolen'''
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If any person?
 
If any person?
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(a) is or has been in possession of property capable of being stolen and the circumstances of his or her possession are such as to give rise, either at the time of his or her possession or at any time thereafter, to a reasonable suspicion that when he or she came into possession of the property it was stolen;  and
+
 
−
(b) is unable at any time to give a satisfactory explanation for his or her possession of the property;  
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(a) is or has been in possession of property capable of being stolen and the circumstances of his or her possession are such as to give rise, either at the time of his or her possession or at any time thereafter, to a reasonable suspicion that when he or she came into possession of the property it was stolen;  and
 +
 
 +
(b) is unable at any time to give a satisfactory explanation for his or her possession of the property;  
 +
 
 
the person shall be guilty of possessing property reasonably suspected of being stolen, and liable to?
 
the person shall be guilty of possessing property reasonably suspected of being stolen, and liable to?
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(i) a fine not exceeding level ten or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
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−
(ii) imprisonment for a period not exceeding five years;
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(i) a fine not exceeding level ten or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
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 +
(ii) imprisonment for a period not exceeding five years;
 +
 
 
or both.
 
or both.
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Division D: Robbery
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−
126 Robbery
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'''Division D: Robbery'''
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 +
'''126 Robbery'''
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(1)  Any person who steals or does any act constituting the crime of unauthorised borrowing or use of property shall be guilty of robbery if he or she intentionally uses violence or the threat of immediate violence?
 
(1)  Any person who steals or does any act constituting the crime of unauthorised borrowing or use of property shall be guilty of robbery if he or she intentionally uses violence or the threat of immediate violence?
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(a) immediately before or at the time he or she takes the property, in order to induce the person who has lawful control over the property to relinquish his or her control over it;  or
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−
(b) immediately after he or she takes the property, in order to prevent the person who had lawful control over the property from recovering his or her control over it.
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(a) immediately before or at the time he or she takes the property, in order to induce the person who has lawful control over the property to relinquish his or her control over it;  or
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 +
(b) immediately after he or she takes the property, in order to prevent the person who had lawful control over the property from recovering his or her control over it.
 +
 
 
(2)  A person convicted of robbery shall be liable?
 
(2)  A person convicted of robbery shall be liable?
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(a) to imprisonment for life or any shorter period, if the crime was committed in aggravating circumstances as provided in subsection (3);  or
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−
(b) in any other case?
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(a) to imprisonment for life or any shorter period, if the crime was committed in aggravating circumstances as provided in subsection (3);  or
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(i) to a fine not exceeding level fourteen or not exceeding twice the value of the property that forms the subject of the charge, whichever is the greater;  or
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−
(ii) to imprisonment for a period not exceeding fifty years;
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(b) in any other case?
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or both:
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−
Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for robbery on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss.
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(i) to a fine not exceeding level fourteen or not exceeding twice the value of the property that forms the subject of the charge, whichever is the greater;  or
 +
 
 +
(ii) to imprisonment for a period not exceeding fifty years;
 +
 
 +
or both:
 +
 
 +
Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for robbery on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss.
 +
 
 
(3)  For the purposes of subsection (2), robbery is committed in aggravating circumstances if the convicted person or an accomplice of the convicted person ?
 
(3)  For the purposes of subsection (2), robbery is committed in aggravating circumstances if the convicted person or an accomplice of the convicted person ?
 
(a) possessed a firearm or a dangerous weapon;  or  
 
(a) possessed a firearm or a dangerous weapon;  or  

Revision as of 15:51, 30 April 2010

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