Difference between revisions of "Zimbabwe Criminal Code"

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"accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed.
 
"accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed.
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206 Assistance after commission of crime
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'''206 Assistance after commission of crime'''
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Any person, other than an actual perpetrator of a crime, who?
 
Any person, other than an actual perpetrator of a crime, who?
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(a) knowing that an actual perpetrator has committed a crime;  or
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−
(b) realising that there is a real risk or possibility that an actual perpetrator has committed a crime;
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(a) knowing that an actual perpetrator has committed a crime;  or
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 +
(b) realising that there is a real risk or possibility that an actual perpetrator has committed a crime;
 +
 
 
renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal the crime or to evade justice or which in any other way associates the person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to the crime concerned.
 
renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal the crime or to evade justice or which in any other way associates the person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to the crime concerned.
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207 Unavailable defences for accessories
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'''207 Unavailable defences for accessories'''
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(1)  A person may be found guilty as an accessory to a crime even if?
 
(1)  A person may be found guilty as an accessory to a crime even if?
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(a) the person lacks capacity to commit the crime committed by the actual perpetrator;  or
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−
(b) the person is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime committed by the actual perpetrator or the manner in which it was committed;  or
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(a) the person lacks capacity to commit the crime committed by the actual perpetrator;  or
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(c) the actual perpetrator is unaware of any assistance rendered by the person;  or
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−
(d) the assistance the person renders does not in fact enable the actual perpetrator to conceal the crime or to evade justice.
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(b) the person is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime committed by the actual perpetrator or the manner in which it was committed;  or
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(c) the actual perpetrator is unaware of any assistance rendered by the person;  or
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(d) the assistance the person renders does not in fact enable the actual perpetrator to conceal the crime or to evade justice.
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(2)  Where a person renders assistance to another person in circumstances which would make him or her guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
 
(2)  Where a person renders assistance to another person in circumstances which would make him or her guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
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(a) the first-mentioned person shall be guilty as an accessory to a crime as if the person to whom he or she renders assistance were an actual perpetrator;  and
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−
(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he himself or she herself were charged as an actual perpetrator of the crime concerned.
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(a) the first-mentioned person shall be guilty as an accessory to a crime as if the person to whom he or she renders assistance were an actual perpetrator;  and
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208 Types of assistance to which accessory liability applies
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(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he himself or she herself were charged as an actual perpetrator of the crime concerned.
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'''208 Types of assistance to which accessory liability applies'''
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Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part?
 
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part?
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(a) concealing, sheltering or feeding the actual perpetrator to enable the actual perpetrator to escape apprehension;
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(b) driving or providing transport to enable the actual perpetrator to escape apprehension;
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(a) concealing, sheltering or feeding the actual perpetrator to enable the actual perpetrator to escape apprehension;
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(c) destroying or concealing evidence of the commission of the crime;
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(d) giving false information to a police officer or other person in authority concerning the circumstances of the crime or the whereabouts of the actual perpetrator.
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(b) driving or providing transport to enable the actual perpetrator to escape apprehension;
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209 Accessory liability for extra-territorial acts and crimes
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(c) destroying or concealing evidence of the commission of the crime;
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(d) giving false information to a police officer or other person in authority concerning the circumstances of the crime or the whereabouts of the actual perpetrator.
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'''209 Accessory liability for extra-territorial acts and crimes'''
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Where a crime is committed?
 
Where a crime is committed?
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(a) inside Zimbabwe;  or
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(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
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(a) inside Zimbabwe;  or
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 +
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
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and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime.
 
and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime.
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210 Punishment of accessories
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'''210 Punishment of accessories'''
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A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance.
 
A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance.
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211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories
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'''211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories'''
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(1)  Subject to this Part, any?
 
(1)  Subject to this Part, any?
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(a) presumption that applies;  or
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(b) jurisdiction that may that may be exercised;  or
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(a) presumption that applies;  or
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(c) award or order that may be made;  or
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(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
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(b) jurisdiction that may that may be exercised;  or
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(e) power to take a deposit by way of a penalty that may be exercised;
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(c) award or order that may be made;  or
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(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
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(e) power to take a deposit by way of a penalty that may be exercised;
 +
 
 
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory.
 
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory.
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(2)  Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accessory:
 
(2)  Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accessory:
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Provided that a person charged as an accessory shall be guilty of being an accessory to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
 
Provided that a person charged as an accessory shall be guilty of being an accessory to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
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212 Where accessory liability is concurrent or does not apply
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'''212 Where accessory liability is concurrent or does not apply'''
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This Part shall not affect the liability of any person?
 
This Part shall not affect the liability of any person?
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(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to the rendering of assistance to offenders;
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(b) to be convicted of the crime of treason or any other crime which is committed through the rendering of assistance or failure to report the crime, or of which the rendering of assistance or a failure to report is an element;
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(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to the rendering of assistance to offenders;
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(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
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CHAPTER XIV
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(b) to be convicted of the crime of treason or any other crime which is committed through the rendering of assistance or failure to report the crime, or of which the rendering of assistance or a failure to report is an element;
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GENERAL DEFENCES AND MITIGATING FACTORS
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PART I
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(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
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PRELIMINARY
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213 Interpretation in Chapter XIV
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== CHAPTER XIV ==
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===GENERAL DEFENCES AND MITIGATING FACTORS===
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'''PART I'''
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'''PRELIMINARY'''
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'''213 Interpretation in Chapter XIV'''
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In this Chapter?
 
In this Chapter?
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"complete defence" means a defence to a criminal charge which completely absolves the accused from criminal liability;
 
"complete defence" means a defence to a criminal charge which completely absolves the accused from criminal liability;
 +
 
"partial defence" means a defence to a criminal charge which does not completely absolve the accused from criminal liability but instead renders the accused liable to conviction for a lesser crime.
 
"partial defence" means a defence to a criminal charge which does not completely absolve the accused from criminal liability but instead renders the accused liable to conviction for a lesser crime.
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214 Defences and mitigating factors not limited to those mentioned in Chapter XIV
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'''214 Defences and mitigating factors not limited to those mentioned in Chapter XIV'''
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The defences and mitigating factors which an accused may successfully raise are not limited to those set out in this Chapter.
 
The defences and mitigating factors which an accused may successfully raise are not limited to those set out in this Chapter.
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215 Defence to one crime not necessarily defence to other crimes
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'''215 Defence to one crime not necessarily defence to other crimes'''
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The fact that a person has a complete or partial defence in relation to conduct which is an essential element of a particular crime shall not prevent that person from being charged with and convicted of any other crime of which that conduct is not an essential element.
 
The fact that a person has a complete or partial defence in relation to conduct which is an essential element of a particular crime shall not prevent that person from being charged with and convicted of any other crime of which that conduct is not an essential element.
  

Revision as of 13:58, 3 May 2010

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