Difference between revisions of "Zimbabwe Criminal Code"

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(ii) if the association is controlled or governed by a committee or other similar governing body, this subsection shall not apply so as to render criminally liable any person who was not at the time of the conduct a member of that committee or other body.
 
(ii) if the association is controlled or governed by a committee or other similar governing body, this subsection shall not apply so as to render criminally liable any person who was not at the time of the conduct a member of that committee or other body.
 +
 
(5)  A person who is criminally liable for any conduct in terms of subsection (3) or (4) shall be liable to be prosecuted and punished personally for the crime concerned.
 
(5)  A person who is criminally liable for any conduct in terms of subsection (3) or (4) shall be liable to be prosecuted and punished personally for the crime concerned.
 +
 
(6)  This section shall not limit any other law which imposes criminal liability upon corporate bodies and associations and their directors, employees and members.
 
(6)  This section shall not limit any other law which imposes criminal liability upon corporate bodies and associations and their directors, employees and members.
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278 Relation of criminal to civil or disciplinary proceedings
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 +
'''278 Relation of criminal to civil or disciplinary proceedings'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"disciplinary proceedings" means any proceedings for misconduct or breach of discipline against a public officer or member of a disciplined force or a statutory professional body, or against any other person for the discipline of whom provision is made by or under any enactment;
 
"disciplinary proceedings" means any proceedings for misconduct or breach of discipline against a public officer or member of a disciplined force or a statutory professional body, or against any other person for the discipline of whom provision is made by or under any enactment;
 +
 
"disciplined force" means?
 
"disciplined force" means?
−
(a) the Defence Forces;  or
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−
(b) the Police Force;  or
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(a) the Defence Forces;  or
−
(c) the Prison Service;  or
+
 
−
(d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe;
+
(b) the Police Force;  or
 +
 
 +
(c) the Prison Service;  or
 +
 
 +
(d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe;
 +
 
 
"public officer" has the meaning given to that term in section one hundred and sixty-nine.
 
"public officer" has the meaning given to that term in section one hundred and sixty-nine.
 +
 
(2)  A conviction or acquittal in respect of any crime shall not bar civil or disciplinary proceedings in relation to any conduct constituting the crime at the instance of any person who has suffered loss or injury in consequence of the conduct or at the instance of the relevant disciplinary authority, as the case may be.
 
(2)  A conviction or acquittal in respect of any crime shall not bar civil or disciplinary proceedings in relation to any conduct constituting the crime at the instance of any person who has suffered loss or injury in consequence of the conduct or at the instance of the relevant disciplinary authority, as the case may be.
 +
 
(3)  Civil or disciplinary proceedings in relation to any conduct that constitutes a crime may, without prejudice to the prosecution of any criminal proceedings in respect of the same conduct, be instituted at any time before or after the commencement of such criminal proceedings.
 
(3)  Civil or disciplinary proceedings in relation to any conduct that constitutes a crime may, without prejudice to the prosecution of any criminal proceedings in respect of the same conduct, be instituted at any time before or after the commencement of such criminal proceedings.
−
279 Concurrent and alternative charges
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 +
'''279 Concurrent and alternative charges'''
 +
 
 
In this Code the use of the word?
 
In this Code the use of the word?
−
(a) "concurrently", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged with both or all of those crimes either conjunctively or, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed, in the alternative;
+
 
−
(b) "alternatively", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged?
+
(a) "concurrently", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged with both or all of those crimes either conjunctively or, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed, in the alternative;
−
(i) with one of those crimes to the exclusion of the other crime, or with any one or more of those crimes to the exclusion of any other crime;  or
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−
(ii) with both or all of those crimes in the alternative, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed.
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(b) "alternatively", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged?
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280 Standard scale of fines and amendment thereof
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 +
(i) with one of those crimes to the exclusion of the other crime, or with any one or more of those crimes to the exclusion of any other crime;  or
 +
 
 +
(ii) with both or all of those crimes in the alternative, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed.
 +
 
 +
'''280 Standard scale of fines and amendment thereof'''
 +
 
 
(1)  Where in this Code and any enactment it is provided that a person who is guilty of a crime is liable to a fine or a maximum fine by reference to a level on the standard scale, the amount of the fine or the maximum fine, as the case may be, that may be imposed shall be the monetary amount specified in the second column of the First Schedule opposite that level in the first column of the First Schedule.
 
(1)  Where in this Code and any enactment it is provided that a person who is guilty of a crime is liable to a fine or a maximum fine by reference to a level on the standard scale, the amount of the fine or the maximum fine, as the case may be, that may be imposed shall be the monetary amount specified in the second column of the First Schedule opposite that level in the first column of the First Schedule.
 +
  
−
(a) the reference shall be construed as a reference to the standard scale of fines;  and
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−
(b) any fine or maximum fine so prescribed may be specified as a monetary amount or as a level on the standard scale of fines.
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(a) the reference shall be construed as a reference to the standard scale of fines;  and
 +
 
 +
(b) any fine or maximum fine so prescribed may be specified as a monetary amount or as a level on the standard scale of fines.
 +
 
 
(3)  Where any enactment prescribes the jurisdiction of any court or judicial officer by reference to a level on the standard scale, the reference shall be construed as a reference to the standard scale of fines.
 
(3)  Where any enactment prescribes the jurisdiction of any court or judicial officer by reference to a level on the standard scale, the reference shall be construed as a reference to the standard scale of fines.
 +
 
(4)  Notwithstanding any other provision of this section, whenever a court imposes a sentence of a fine upon an offender, the court shall specify the monetary amount of the fine and shall not specify the fine by reference to a level on the standard scale of fines.
 
(4)  Notwithstanding any other provision of this section, whenever a court imposes a sentence of a fine upon an offender, the court shall specify the monetary amount of the fine and shall not specify the fine by reference to a level on the standard scale of fines.
 +
 
(5)  Subject to subsection (6), the Minister may, by statutory instrument, amend or replace the First Schedule, whenever the Minister considers such an amendment or replacement to be necessary as a result of a change in the purchasing-power of money or for any other reason:
 
(5)  Subject to subsection (6), the Minister may, by statutory instrument, amend or replace the First Schedule, whenever the Minister considers such an amendment or replacement to be necessary as a result of a change in the purchasing-power of money or for any other reason:
 +
 
Provided that?
 
Provided that?
−
(i) an increase in the monetary amount corresponding to any level in the standard scale of fines shall not have the effect of increasing the penalty to which any person is liable in respect of a crime committed before the increase came into effect;
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−
(ii) a reduction in the monetary amount corresponding to any level in the standard scale of fines shall reduce the penalty to which any person is liable in respect of an offence committed before the reduction came into effect, if the penalty is imposed after that date.
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(i) an increase in the monetary amount corresponding to any level in the standard scale of fines shall not have the effect of increasing the penalty to which any person is liable in respect of a crime committed before the increase came into effect;
 +
 
 +
(ii) a reduction in the monetary amount corresponding to any level in the standard scale of fines shall reduce the penalty to which any person is liable in respect of an offence committed before the reduction came into effect, if the penalty is imposed after that date.
 +
 
 
(6)  A statutory instrument may not be made in terms of subsection (5) unless a draft has been laid before and approved by resolution of Parliament.
 
(6)  A statutory instrument may not be made in terms of subsection (5) unless a draft has been laid before and approved by resolution of Parliament.
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281 References in enactments to common law crimes
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 +
'''281 References in enactments to common law crimes'''
 +
 
 
Any reference in an enactment to a common law crime specified in the first column of the Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified in the second column opposite thereto.
 
Any reference in an enactment to a common law crime specified in the first column of the Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified in the second column opposite thereto.
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282 Amendment of Acts
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 +
'''282 Amendment of Acts'''
 +
 
 
The Act specified in each Part of the Sixth Schedule is amended to the extent set out in that Part.
 
The Act specified in each Part of the Sixth Schedule is amended to the extent set out in that Part.
−
283 Repeals
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 +
'''283 Repeals'''
 +
 
 
The Acts specified in the Seventh Schedule are repealed.
 
The Acts specified in the Seventh Schedule are repealed.
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284 Savings
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 +
'''284 Savings'''
 +
 
 
(1)  Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section three shall not?
 
(1)  Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section three shall not?
−
(a) affect the previous operation of that law or anything duly done or suffered under that law;  or
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−
(b) affect any crime committed against that law before the fixed date, or any penalty, forfeiture or punishment incurred in respect thereof;  or
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(a) affect the previous operation of that law or anything duly done or suffered under that law;  or
−
(c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty, forfeiture or punishment referred to in paragraph (b), and any such investigation, legal proceeding or remedy shall be exercisable, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if that law had not been repealed.
+
 
 +
(b) affect any crime committed against that law before the fixed date, or any penalty, forfeiture or punishment incurred in respect thereof;  or
 +
 
 +
(c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty, forfeiture or punishment referred to in paragraph (b), and any such investigation, legal proceeding or remedy shall be exercisable, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if that law had not been repealed.
 +
 
 
(2)  In the case of a trial commenced before the fixed date for a crime specified in the first column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in excess of the maximum sentence imposable for the equivalent crime under this Code specified in the second column of the Fifth Schedule.
 
(2)  In the case of a trial commenced before the fixed date for a crime specified in the first column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in excess of the maximum sentence imposable for the equivalent crime under this Code specified in the second column of the Fifth Schedule.
 +
 
(3)  For the avoidance of doubt it is declared that every crime in force in terms of any other enactment immediately before the fixed date shall continue in force on and after such date unless it is expressly repealed by this Code.
 
(3)  For the avoidance of doubt it is declared that every crime in force in terms of any other enactment immediately before the fixed date shall continue in force on and after such date unless it is expressly repealed by this Code.
  
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FIRST SCHEDULE (Sections 2 (1) and 280)
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== FIRST SCHEDULE (Sections 2 (1) and 280) ==
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STANDARD SCALE OF FINES
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−
Level Monetary Amount
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===STANDARD SCALE OF FINES===
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 +
'''Level Monetary Amount'''
 +
 
 
$
 
$
 
1 10 000
 
1 10 000
 +
 
2 24 000
 
2 24 000
 +
 
3 50 000*
 
3 50 000*
 +
 
4 100 000
 
4 100 000
 +
 
5 200 000
 
5 200 000
 +
 
6 400 000
 
6 400 000
 +
 
7 800 000
 
7 800 000
 +
 
8 1 200 000
 
8 1 200 000
 +
 
9 1 500 000
 
9 1 500 000
 +
 
10 2 000 000
 
10 2 000 000
 +
 
11 2 500 000
 
11 2 500 000
 +
 
12 3 000 000
 
12 3 000 000
 +
 
13 4 000 000
 
13 4 000 000
 +
 
14 5 000 000
 
14 5 000 000
 +
 
*In the case of a deposit fine, the maximum monetary amount for this level shall be $25 000.
 
*In the case of a deposit fine, the maximum monetary amount for this level shall be $25 000.
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SECOND SCHEDULE (Section 2 (2))
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−
CORRESPONDENCE OF REFERENCES TO CRIMES IN CODE OR OTHER ENACTMENTS TO PROVISIONS OF CODE DEFINING SUCH CRIMES
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== SECOND SCHEDULE (Section 2 (2)) ==
−
Crime Provision in Code defining it
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 +
==='''CORRESPONDENCE OF REFERENCES TO CRIMES IN CODE OR OTHER ENACTMENTS TO PROVISIONS OF CODE DEFINING SUCH CRIMES'''===
 +
 
 +
'''Crime Provision in Code defining it'''
 +
 
 
Aggravated indecent assault Section 66
 
Aggravated indecent assault Section 66
 +
 
Allowing child to become a prostitute Section 87
 
Allowing child to become a prostitute Section 87
 +
 
Assault Section 89
 
Assault Section 89
 +
 
Assaulting, intimidating or threatening a person on an aircraft Section 149
 
Assaulting, intimidating or threatening a person on an aircraft Section 149
 +
 
Assaulting or resisting peace officer Section 176
 
Assaulting or resisting peace officer Section 176
 +
 
Bestiality Section 74
 
Bestiality Section 74
 +
 
Bigamy Section 104
 
Bigamy Section 104
 +
 
Bribery Section 170
 
Bribery Section 170
 +
 
Causing disaffection among Police Force or Defence Forces Section 30
 
Causing disaffection among Police Force or Defence Forces Section 30
 +
 
Causing offence to persons of a particular race, religion, etc. Section 42
 
Causing offence to persons of a particular race, religion, etc. Section 42
 +
 
Coercing or inducing a person for purpose of engaging in sexual conduct Section 84
 
Coercing or inducing a person for purpose of engaging in sexual conduct Section 84
 +
 
Concealing birth of child Section 106
 
Concealing birth of child Section 106
 +
 
Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs Section 160
 
Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs Section 160
 +
 
Concealing treason Section 21
 
Concealing treason Section 21
 +
 
Contempt of court Section 182
 
Contempt of court Section 182
 +
 
Corruptly concealing a transaction from a principal Section 172
 
Corruptly concealing a transaction from a principal Section 172
 +
 
Corruptly concealing from a principal a personal interest in a transaction Section 173
 
Corruptly concealing from a principal a personal interest in a transaction Section 173
 +
 
Corruptly using a false document Section 171
 
Corruptly using a false document Section 171
 +
 
Criminal abuse of duty as public officer Section 174
 
Criminal abuse of duty as public officer Section 174
 +
 
Criminal defamation Section 96
 
Criminal defamation Section 96
 +
 
Criminal insult Section 95
 
Criminal insult Section 95
 +
 
Criminal nuisance Section 46
 
Criminal nuisance Section 46
 +
 
Criminal trespass Section 132
 
Criminal trespass Section 132
 +
 
Culpable homicide Section 49
 
Culpable homicide Section 49
 +
 
Damaging, destroying or prejudicing the safe operation of an aircraft Section 148
 
Damaging, destroying or prejudicing the safe operation of an aircraft Section 148
 +
 
Dealing in or possession of prohibited knives Section 39
 
Dealing in or possession of prohibited knives Section 39
 +
 
Defeating or obstructing the course of justice Section 184
 
Defeating or obstructing the course of justice Section 184
 
Deliberate infection of another with a sexually transmitted disease Section 78
 
Deliberate infection of another with a sexually transmitted disease Section 78

Revision as of 15:17, 3 May 2010

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