Difference between revisions of "Zimbabwe Criminal Code"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 5,747: Line 5,747:
 
===CORRESPONDENCE OF COMMON LAW CRIMES WITH CODIFIED CRIMES===
 
===CORRESPONDENCE OF COMMON LAW CRIMES WITH CODIFIED CRIMES===
  
Common law crime Corresponding crime in Code
+
'''Common law crime Corresponding crime in Code'''
 +
 
 
Abduction Kidnapping or unlawful detention
 
Abduction Kidnapping or unlawful detention
 +
 
Abortion Unlawful termination of pregnancy
 
Abortion Unlawful termination of pregnancy
 +
 
Administering a poisonous or noxious substance Assault
 
Administering a poisonous or noxious substance Assault
 +
 
Arson Malicious damage to property
 
Arson Malicious damage to property
 +
 
Assault with intent to inflict grievous bodily harm Assault
 
Assault with intent to inflict grievous bodily harm Assault
 +
 
Bestiality Bestiality
 
Bestiality Bestiality
 +
 
Bigamy Bigamy
 
Bigamy Bigamy
 +
 
Blasphemy Causing offence to persons of a particular race, religion, etc.
 
Blasphemy Causing offence to persons of a particular race, religion, etc.
 +
 
Bribery Bribery
 
Bribery Bribery
 +
 
Common assault Assault
 
Common assault Assault
 +
 
Compounding Defeating or obstructing the course of justice
 
Compounding Defeating or obstructing the course of justice
 +
 
Contempt of court Contempt of court
 
Contempt of court Contempt of court
 +
 
Crimen injuria Criminal insult
 
Crimen injuria Criminal insult
 +
 
Criminal defamation Criminal defamation
 
Criminal defamation Criminal defamation
 +
 
Culpable homicide Culpable homicide
 
Culpable homicide Culpable homicide
 +
 
Defeating or obstructing the course of justice Defeating or obstructing the course of justice
 
Defeating or obstructing the course of justice Defeating or obstructing the course of justice
 +
 
Exposing an infant Exposing an infant
 
Exposing an infant Exposing an infant
 +
 
Extortion Extortion
 
Extortion Extortion
 +
 
Forgery Forgery
 
Forgery Forgery
 +
 
Fraud Fraud
 
Fraud Fraud
 +
 
Housebreaking with intent to commit a crime Unlawful entry into premises
 
Housebreaking with intent to commit a crime Unlawful entry into premises
 +
 
Incest Sexual intercourse within a prohibited degree of relationship
 
Incest Sexual intercourse within a prohibited degree of relationship
 +
 
Indecent assault Aggravated indecent assault
 
Indecent assault Aggravated indecent assault
 +
 
Indecent assault
 
Indecent assault
 +
 
Kidnapping Kidnapping or unlawful detention
 
Kidnapping Kidnapping or unlawful detention
 +
 
Malicious injury to property Malicious damage to property
 
Malicious injury to property Malicious damage to property
 +
 
Murder Murder
 
Murder Murder
 +
 
Infanticide
 
Infanticide
 +
 
Offence against nature (unnatural offence) Sodomy
 
Offence against nature (unnatural offence) Sodomy
 +
 
Perjury Perjury
 
Perjury Perjury
 +
 
Public indecency Public indecency
 
Public indecency Public indecency
 +
 
Public violence Public violence
 
Public violence Public violence
 +
 
Rape Rape
 
Rape Rape
 +
 
Receiving stolen property knowing it to be stolen Receiving stolen property knowing it to have been stolen
 
Receiving stolen property knowing it to be stolen Receiving stolen property knowing it to have been stolen
 +
 
Robbery Robbery
 
Robbery Robbery
 +
 
Sedition Subverting constitutional government
 
Sedition Subverting constitutional government
 +
 
Public violence
 
Public violence
 +
 
Sodomy Sodomy
 
Sodomy Sodomy
 +
 
Subornation of perjury Incitement of or being an accomplice to perjury
 
Subornation of perjury Incitement of or being an accomplice to perjury
 +
 
Theft Theft
 
Theft Theft
 +
 
Stock theft
 
Stock theft
 +
 
Theft by false pretences Theft
 
Theft by false pretences Theft
 +
 
Treason Treason
 
Treason Treason
 +
 
Concealing treason
 
Concealing treason
 +
 
Uttering Fraud
 
Uttering Fraud
 +
 
Violating a dead body Violating corpses
 
Violating a dead body Violating corpses
 +
 
Violating a grave Violating graves
 
Violating a grave Violating graves
  
SIXTH SCHEDULE (Section 282)
+
== SIXTH SCHEDULE (Section 282) ==
AMENDMENT OF VARIOUS ACTS
+
 
PART I
+
===AMENDMENT OF VARIOUS ACTS===
INTERPRETATION ACT [CHAPTER 1:01]
+
 
 +
'''PART I'''
 +
 
 +
'''INTERPRETATION ACT [CHAPTER 1:01]'''
 +
 
  
  
  
" "Criminal Law Code" means the Criminal Law (Codification and Reform) Act [Chapter 9:23];";
+
 
 +
"Criminal Law Code" means the Criminal Law (Codification and Reform) Act [Chapter 9:23];";
 +
 
 
(b) in the definition of "standard scale" by the deletion of "section 346A of the Criminal Procedure and Evidence Act [Chapter 9:07]" and the substitution of "section 280 of the Criminal Law Code".
 
(b) in the definition of "standard scale" by the deletion of "section 346A of the Criminal Procedure and Evidence Act [Chapter 9:07]" and the substitution of "section 280 of the Criminal Law Code".
PART II
+
 
BURIAL AND CREMATION ACT [CHAPTER 5:03]
+
'''PART II'''
By the repeal of section 8.
+
 
PART III
+
'''BURIAL AND CREMATION ACT [CHAPTER 5:03]'''
CUSTOMARY MARRIAGES ACT [CHAPTER 5:07]
+
 
1. In section 11 by the repeal of subsection (2).
+
'''By the repeal of section 8.'''
+
 
 +
'''PART III'''
 +
 
 +
'''CUSTOMARY MARRIAGES ACT [CHAPTER 5:07]'''
 +
 
 +
1. In section 11 by the repeal of subsection (2).
 +
 
 +
 
 +
 
 
"15A Legality of marriages between persons within certain degrees of affinity or consanguinity
 
"15A Legality of marriages between persons within certain degrees of affinity or consanguinity
 +
  
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the customary marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
+
 
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
+
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the customary marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
 +
 
 +
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
 +
 
 
(2)  Subsection (2) of section 24 of the Marriage Act [Chapter 5:11] shall apply to persons who marry or purport to marry in contravention of paragraph (i) of subsection (2) of section 75 of the Criminal Law Code.
 
(2)  Subsection (2) of section 24 of the Marriage Act [Chapter 5:11] shall apply to persons who marry or purport to marry in contravention of paragraph (i) of subsection (2) of section 75 of the Criminal Law Code.
 +
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
PART IV
+
 
MARRIAGE ACT [CHAPTER 5:11]
+
'''PART IV'''
 +
 
 +
'''MARRIAGE ACT [CHAPTER 5:11]'''
 +
 
  
 +
 
"24 Legality of marriages between persons within certain degrees of affinity or consanguinity
 
"24 Legality of marriages between persons within certain degrees of affinity or consanguinity
 +
  
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
+
 
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
+
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
 +
 
 +
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
 +
 
  
(a) the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be void;
+
 
(b) one of the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be voidable at the instance of the party who was not so aware within twelve months from the time when he or she became so aware;
+
(a) the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be void;
(c) the parties did not know or realise that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall not be void or voidable.
+
 
 +
(b) one of the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be voidable at the instance of the party who was not so aware within twelve months from the time when he or she became so aware;
 +
 
 +
(c) the parties did not know or realise that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall not be void or voidable.
 +
 
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
PART V
+
 
MAGISTRATES COURT ACT [CHAPTER 7:10]
+
'''PART V'''
 +
 
 +
'''MAGISTRATES COURT ACT [CHAPTER 7:10]'''
 +
 
  
 +
  
+
 
(i) imprisonment for a period not exceeding twenty years;
+
 
(ii) a fine not exceeding level fourteen;
+
 
or both such fine and such imprisonment;
+
(i) imprisonment for a period not exceeding twenty years;
(b) a regional magistrate in respect of the offence prescribed or any offender referred to in section 78 ("Deliberate infection of another with a sexually-transmitted disease") or 79 ("Deliberate transmission of HIV") of the Criminal Law Code, the penalties prescribed in those provisions;
+
 
+
(ii) a fine not exceeding level fourteen;
(i) imprisonment for a period not exceeding ten years;
+
 
(ii) a fine not exceeding level twelve;
+
or both such fine and such imprisonment;
or both such fine and such imprisonment;
+
 
+
(b) a regional magistrate in respect of the offence prescribed or any offender referred to in section 78 ("Deliberate infection of another with a sexually-transmitted disease") or 79 ("Deliberate transmission of HIV") of the Criminal Law Code, the penalties prescribed in those provisions;
(i) imprisonment for a period not exceeding fifteen years;
+
 
(ii) a fine not exceeding level thirteen;
+
 
or both such fine and such imprisonment:
+
 
 +
(i) imprisonment for a period not exceeding ten years;
 +
 
 +
(ii) a fine not exceeding level twelve;
 +
 
 +
or both such fine and such imprisonment;
 +
 
 +
 
 +
 
 +
(i) imprisonment for a period not exceeding fifteen years;
 +
 
 +
(ii) a fine not exceeding level thirteen;
 +
 
 +
or both such fine and such imprisonment:
 +
 
 
Provided that nothing in this subsection shall be construed as authorising any magistrate to impose for any such offence or contravention a punishment greater than that prescribed by the Criminal Law Code for such offence or contravention.
 
Provided that nothing in this subsection shall be construed as authorising any magistrate to impose for any such offence or contravention a punishment greater than that prescribed by the Criminal Law Code for such offence or contravention.
 +
  
 +
  
 +
 
(a) a contravention of section 65 ("Rape"), 66 ("Aggravated indecent assault"), 67 ("Indecent assault"), 70 ("Sexual intercourse or performing indecent acts with a young person"), 73 ("Sodomy"), 74 ("Bestiality"), 75 ("Sexual intercourse within a prohibited degree of relationship") or 76 ("Complicity in sexual crimes") of the Criminal Law Code;  or
 
(a) a contravention of section 65 ("Rape"), 66 ("Aggravated indecent assault"), 67 ("Indecent assault"), 70 ("Sexual intercourse or performing indecent acts with a young person"), 73 ("Sodomy"), 74 ("Bestiality"), 75 ("Sexual intercourse within a prohibited degree of relationship") or 76 ("Complicity in sexual crimes") of the Criminal Law Code;  or
 +
 
(b) an attempt to commit an offence referred to in paragraph (a).".
 
(b) an attempt to commit an offence referred to in paragraph (a).".
PART VI
+
 
PRISONS ACT [CHAPTER 7:11]
+
'''PART VI'''
1. In section 93 in subsection (1) by the deletion from paragraph (a) of "two years" and the substitution of "seven years".
+
 
2. By the repeal of Part XVI.
+
'''PRISONS ACT [CHAPTER 7:11]'''
PART VII
+
 
CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]
+
1. In section 93 in subsection (1) by the deletion from paragraph (a) of "two years" and the substitution of "seven years".
+
 
 +
2. By the repeal of Part XVI.
 +
 
 +
'''PART VII'''
 +
 
 +
'''CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]'''
 +
 
 +
 
 +
 
 
"31A Arrest by persons in charge of ship, boat or aircraft
 
"31A Arrest by persons in charge of ship, boat or aircraft
 +
 
(1)  The commander or person in charge of any ship, boat or aircraft may without warrant arrest any person whom he knows or on reasonable grounds believes to have committed, to be committing or to be about to commit an offence aboard the ship, boat or aircraft.
 
(1)  The commander or person in charge of any ship, boat or aircraft may without warrant arrest any person whom he knows or on reasonable grounds believes to have committed, to be committing or to be about to commit an offence aboard the ship, boat or aircraft.
 +
 
(2)  A commander or person in charge of any ship, boat or aircraft may authorise any member of the crew of the ship, boat or aircraft or any passenger aboard the ship, boat or aircraft to assist him in arresting any person in terms of subsection (1), and the member of the crew or the passenger so authorised shall have the same power to effect the arrest as the commander or person in charge of the ship, boat or aircraft.".
 
(2)  A commander or person in charge of any ship, boat or aircraft may authorise any member of the crew of the ship, boat or aircraft or any passenger aboard the ship, boat or aircraft to assist him in arresting any person in terms of subsection (1), and the member of the crew or the passenger so authorised shall have the same power to effect the arrest as the commander or person in charge of the ship, boat or aircraft.".
+
 
 +
 
 +
 
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order or warrant for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person.".
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order or warrant for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person.".
+
 
 +
 
 +
 
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person."."
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person."."
4. By the repeal of section 44.
+
 
+
4. By the repeal of section 44.
 +
 
 +
 
 +
 
 
"62A Forfeiture of unlawful consideration in cases of bribery
 
"62A Forfeiture of unlawful consideration in cases of bribery
 +
 
(1)  In this section, "agent" and "principal" shall have the meaning given to those terms by section 169 of the Criminal Law Code.
 
(1)  In this section, "agent" and "principal" shall have the meaning given to those terms by section 169 of the Criminal Law Code.
 +
 
(2)  Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of?
 
(2)  Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of?
(a) the convicted person's principal, where the convicted person was an agent when the crime was committed;  or
+
 
(b) in any other case, the State;
+
(a) the convicted person's principal, where the convicted person was an agent when the crime was committed;  or
 +
 
 +
(b) in any other case, the State;
 +
 
 
for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14].
 
for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14].
 +
 
(3)  A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court:
 
(3)  A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court:
 +
 
Provided that, in the case of a judgment given by the court of a regional magistrate, a copy of the judgment, certified by the clerk of such court, shall be forwarded to the court of the provincial magistrate for the province in which the trial took place and thereupon shall be recorded and have the same effect as a civil judgment of the court of such magistrate.".
 
Provided that, in the case of a judgment given by the court of a regional magistrate, a copy of the judgment, certified by the clerk of such court, shall be forwarded to the court of the provincial magistrate for the province in which the trial took place and thereupon shall be recorded and have the same effect as a civil judgment of the court of such magistrate.".
6. In section 146 ("Essentials of indictment, summons or charge") by the insertion of the following subsections after subsection (3):
+
 
 +
6. In section 146 ("Essentials of indictment, summons or charge") by the insertion of the following subsections after subsection (3):
 +
 
 
"(4)  Where a person is charged with a crime listed in the first column of the Second Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only.
 
"(4)  Where a person is charged with a crime listed in the first column of the Second Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only.
 
(5)  No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth.".
 
(5)  No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth.".
+
 
 +
 
 +
 
 
"207 Conviction for part of crime charged
 
"207 Conviction for part of crime charged
 +
 
For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence."."
 
For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence."."
+
 
 +
 
 +
 
 
"302A Testing of persons accused of sexual offences for HIV infection
 
"302A Testing of persons accused of sexual offences for HIV infection
 +
  
 +
 
"accused person" means a person accused of committing a sexual offence;
 
"accused person" means a person accused of committing a sexual offence;
 +
 
"designated person" means a member of a class of persons designated for the purposes of this section by the Minister responsible for health by notice in a statutory instrument;
 
"designated person" means a member of a class of persons designated for the purposes of this section by the Minister responsible for health by notice in a statutory instrument;
 +
  
(a) rape;  or
+
 
(b) aggravated indecent assault;  or
+
(a) rape;  or
(c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person's body that incurs a risk of transmission of HIV;  or
+
 
(d) deliberate transmission of HIV;  or
+
(b) aggravated indecent assault;  or
(e) an attempt to commit an offence specified in paragraph (a), (b), (c) or (d).
+
 
 +
(c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person's body that incurs a risk of transmission of HIV;  or
 +
 
 +
(d) deliberate transmission of HIV;  or
 +
 
 +
(e) an attempt to commit an offence specified in paragraph (a), (b), (c) or (d).
 +
 
 
(2)  For the purposes of section 80 of the Criminal Law Code ("Sentence for certain crimes where accused is infected with HIV"), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV.
 
(2)  For the purposes of section 80 of the Criminal Law Code ("Sentence for certain crimes where accused is infected with HIV"), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV.
 +
 
(3)  Where a court has given a direction under subsection (2), any medical practitioner or designated person shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample:
 
(3)  Where a court has given a direction under subsection (2), any medical practitioner or designated person shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample:
 +
 
Provided that the medical practitioner or designated person may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person.
 
Provided that the medical practitioner or designated person may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person.
 +
  
(a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and
+
 
(b) in the case of a blood or tissue sample, shall be taken from a part of the accused person's body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice.
+
(a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and
 +
 
 +
(b) in the case of a blood or tissue sample, shall be taken from a part of the accused person's body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice.
 +
 
 
(5)  The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial:
 
(5)  The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial:
 +
  
(i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence;
+
 
(ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted.
+
(i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence;
 +
 
 +
(ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted.
 +
 
  
(a) the State;  or
+
 
(b) any Minister;  or
+
(a) the State;  or
(c) any medical practitioner or designated person;
+
 
 +
(b) any Minister;  or
 +
 
 +
(c) any medical practitioner or designated person;
 +
 
 
in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently.
 
in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently.
 +
 
(7)  Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 
(7)  Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
9. In section 323 ("Previous conviction not to be charged in indictment") by the deletion of "It" and the substitution of "Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it".
+
 
10. By the repeal of sections 346A and 360.
+
9. In section 323 ("Previous conviction not to be charged in indictment") by the deletion of "It" and the substitution of "Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it".
+
 
 +
10. By the repeal of sections 346A and 360.
 +
 
 +
 
 +
 
  
 +
  
 +
  
(a) controls or governs that corporate body, whether lawfully or otherwise;  or
+
 
(b) is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise;  or
+
(a) controls or governs that corporate body, whether lawfully or otherwise;  or
(c) where there is no body or group such as is referred to in paragraph (b), who is a member of the corporate body.";
+
 
 +
(b) is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise;  or
 +
 
 +
(c) where there is no body or group such as is referred to in paragraph (b), who is a member of the corporate body.";
 +
 
 
(b) by the repeal of subsection (2);
 
(b) by the repeal of subsection (2);
 +
 
(c) in subsection (3) by the deletion from proviso (5) of "in terms of subsection (6)" and the substitution of "in his personal capacity";
 
(c) in subsection (3) by the deletion from proviso (5) of "in terms of subsection (6)" and the substitution of "in his personal capacity";
 +
 
(d) by the repeal of subsections (6) and (8);
 
(d) by the repeal of subsections (6) and (8);
 +
 
(e) in subsection (9)?
 
(e) in subsection (9)?
(i) by the deletion of "mentioned in subsection (8)";
+
 
(ii) by the insertion after "agent of the association" of ", including the accused".
+
(i) by the deletion of "mentioned in subsection (8)";
+
 
 +
(ii) by the insertion after "agent of the association" of ", including the accused".
 +
 
 +
 
 +
 
 
"THIRD SCHEDULE (Sections 116 and 123)
 
"THIRD SCHEDULE (Sections 116 and 123)
OFFENCES IN RESPECT OF WHICH POWER TO ADMIT PERSONS TO BAIL IS EXCLUDED OR QUALIFIED
+
 
 +
== OFFENCES IN RESPECT OF WHICH POWER TO ADMIT PERSONS TO BAIL IS EXCLUDED OR QUALIFIED ==
 +
 
 
1. Murder.
 
1. Murder.
 +
 
2. Rape or aggravated indecent assault.
 
2. Rape or aggravated indecent assault.
 +
 
3. Robbery committed in aggravating circumstances as provided in section 126 (3) of the Criminal Law Code.
 
3. Robbery committed in aggravating circumstances as provided in section 126 (3) of the Criminal Law Code.
 +
 
4. Kidnapping or unlawful detention.
 
4. Kidnapping or unlawful detention.
 +
 
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
 
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
 +
 
6. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 
6. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 +
 
7. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 1 to 6.
 
7. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 1 to 6.
 +
 
8. Any offence where the Attorney-General has notified a magistrate of his intention to indict the person concerned in terms of subsection (1) of section one hundred and one or subsection (1) of section one hundred and ten.
 
8. Any offence where the Attorney-General has notified a magistrate of his intention to indict the person concerned in terms of subsection (1) of section one hundred and one or subsection (1) of section one hundred and ten.
 +
 
9. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.".
 
9. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.".
+
 
 +
 
 +
 
 
"FIFTH SCHEDULE (Section 132)
 
"FIFTH SCHEDULE (Section 132)
OFFENCES IN CONNECTION WITH WHICH BAIL MAY NOT
+
 
BE GRANTED IN TERMS OF SECTION 132 (1)
+
== OFFENCES IN CONNECTION WITH WHICH BAIL MAY NOTBE GRANTED IN TERMS OF SECTION 132 (1) ==
1. Murder.
+
 
2. Rape or aggravated indecent assault.
+
1. Murder.
3. Robbery.
+
 
4. Assault in which a dangerous injury is inflicted.
+
2. Rape or aggravated indecent assault.
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
+
 
6. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
+
3. Robbery.
7. Theft, making off without payment, receiving any stolen property knowing it to have been stolen, fraud or forgery, if the amount or value involved in any such offence exceeds five hundred thousand dollars.
+
 
8. Stock theft.
+
4. Assault in which a dangerous injury is inflicted.
9. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
+
 
10. Any offence relating to the coinage or banknotes.
+
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
11. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code."
+
 
12. Any conspiracy, incitement or attempt to commit an offence specified in paragraphs 1 to 11.".
+
6. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
+
 
(a) by the insertion in paragraph 2 after "rape" of "or aggravated indecent assault";
+
7. Theft, making off without payment, receiving any stolen property knowing it to have been stolen, fraud or forgery, if the amount or value involved in any such offence exceeds five hundred thousand dollars.
+
 
"7. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.";
+
8. Stock theft.
+
 
"9. Forgery.
+
9. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
10. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
+
 
11. Theft, stock theft, making off without payment or receiving any stolen property knowing it to have been stolen.".
+
10. Any offence relating to the coinage or banknotes.
 +
 
 +
11. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code."
 +
 
 +
12. Any conspiracy, incitement or attempt to commit an offence specified in paragraphs 1 to 11.".
 +
 
 +
 
 +
 
 +
(a) by the insertion in paragraph 2 after "rape" of "or aggravated indecent assault";
 +
 
 +
 
 +
 
 +
"7. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.";
 +
 
 +
 
 +
 
 +
"9. Forgery.
 +
 
 +
10. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
 +
 
 +
11. Theft, stock theft, making off without payment or receiving any stolen property knowing it to have been stolen.".
 +
 
  
  
 
"NINTH SCHEDULE (Sections 25 (1) (a) and 32)
 
"NINTH SCHEDULE (Sections 25 (1) (a) and 32)
OFFENCES INVOLVING CORRUPTION, ORGANISED CRIME OR HARM TO THE NATIONAL ECONOMY
+
 
 +
== OFFENCES INVOLVING CORRUPTION, ORGANISED CRIME OR HARM TO THE NATIONAL ECONOMY ==
 +
 
 
1. Any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code.
 
1. Any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code.
 +
 
2. Contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17].
 
2. Contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17].
 +
 
3. The sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14].
 
3. The sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14].
 +
 
4. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
 
4. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
 +
 
5. Any offence referred to in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis.
 
5. Any offence referred to in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis.
 +
 
6. Fraud or forgery*
 
6. Fraud or forgery*
 +
 
(a) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister may prescribe by notice in a statutory instrument;  or
 
(a) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister may prescribe by notice in a statutory instrument;  or
 +
 
(b) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy;  or
 
(b) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy;  or
 +
 
(c) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister may prescribe by notice in a statutory instrument.
 
(c) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister may prescribe by notice in a statutory instrument.
 +
 
7. Contravening section 42 ("Offences relating to banknotes") of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage.
 
7. Contravening section 42 ("Offences relating to banknotes") of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage.
 +
 
8. Contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with*
 
8. Contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with*
 +
 
(a) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this paragraph and paragraph 8 called "the Exchange Control Regulations"), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;
 
(a) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this paragraph and paragraph 8 called "the Exchange Control Regulations"), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;
 +
 
(b) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;
 
(b) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;
 +
 
(c) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;
 
(c) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;
 +
 
(d) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
 
(d) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
 +
 
(e) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations.
 
(e) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations.
 +
 
9. Contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations.
 
9. Contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations.
 +
 
10. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 
10. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 +
 
11. Theft or forgery of*
 
11. Theft or forgery of*
 +
 
(a) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe;  or
 
(a) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe;  or
 +
 
(b) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;  or
 
(b) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;  or
 +
 
(c) any passport, identity document or drivers licence issued by a foreign government;  or
 
(c) any passport, identity document or drivers licence issued by a foreign government;  or
 +
 
(d) a vehicle registration plate;  or  
 
(d) a vehicle registration plate;  or  
 +
 
(e) any documentation relating to the registration or insurance of a motor vehicle.
 
(e) any documentation relating to the registration or insurance of a motor vehicle.
 +
 
12. Stock theft involving a bovine or equine animal.
 
12. Stock theft involving a bovine or equine animal.
 +
 
13. A conspiracy, incitement or attempt to commit any offence referred to in paragraphs 1 to 12.".
 
13. A conspiracy, incitement or attempt to commit any offence referred to in paragraphs 1 to 12.".
PART VIII
+
 
PREVENTION OF CORRUPTION ACT [CHAPTER 9:16]
+
'''PART VIII'''
1. By the repeal of sections 3, 4 and 5.
+
 
+
'''PREVENTION OF CORRUPTION ACT [CHAPTER 9:16]'''
 +
 
 +
1. By the repeal of sections 3, 4 and 5.
 +
 
 +
 
 +
 
  
"(c) has accepted or obtained any benefit, advantage or profit corruptly or in circumstances that amount to an offence in terms of this Act or Chapter IX ("Bribery and Corruption") of the Criminal Law Code;";
+
 
 +
"(c) has accepted or obtained any benefit, advantage or profit corruptly or in circumstances that amount to an offence in terms of this Act or Chapter IX ("Bribery and Corruption") of the Criminal Law Code;";
 +
 
 
(b) in paragraph (e) by the deletion of ", (c) or (d)" and the substitution of "or (c)".
 
(b) in paragraph (e) by the deletion of ", (c) or (d)" and the substitution of "or (c)".
+
 
"(a) any contravention of Chapter IX ("Bribery and Corruption") of the Criminal Law Code; or";
+
 
+
 
 +
"(a) any contravention of Chapter IX ("Bribery and Corruption") of the Criminal Law Code; or";
 +
 
 +
 
 +
 
 
(a) by the repeal of subsection (2);
 
(a) by the repeal of subsection (2);
 +
 
(b) in subsection (4) by the deletion from paragraph (a) of "section three" the substitution of "Chapter IX ("Bribery and Corruption") of the Criminal Law Code".
 
(b) in subsection (4) by the deletion from paragraph (a) of "section three" the substitution of "Chapter IX ("Bribery and Corruption") of the Criminal Law Code".
PART IX
+
 
STOCK THEFT ACT [CHAPTER 9:18]
+
'''PART IX'''
+
 
 +
'''STOCK THEFT ACT [CHAPTER 9:18]'''
 +
 
 +
 
 +
 
 
"1 Short title
 
"1 Short title
 +
 
This Act may be cited as the Stock Theft Prevention Act [Chapter 9:18].".
 
This Act may be cited as the Stock Theft Prevention Act [Chapter 9:18].".
2. In section 2 by the repeal of the definition of "public sale".
+
 
3. By the repeal of sections 4, 5, 6 and 8.
+
2. In section 2 by the repeal of the definition of "public sale".
+
 
 +
3. By the repeal of sections 4, 5, 6 and 8.
 +
 
 +
 
 +
 
 
"9 Special jurisdiction of magistrates courts
 
"9 Special jurisdiction of magistrates courts
 +
 
Notwithstanding anything to the contrary in the Magistrates Court Act [Chapter 7:10], every magistrate shall have special jurisdiction to impose the penalties prescribed in paragraphs (e) and (f) of subsection (2) of section 114 of the Criminal Law Code.".".
 
Notwithstanding anything to the contrary in the Magistrates Court Act [Chapter 7:10], every magistrate shall have special jurisdiction to impose the penalties prescribed in paragraphs (e) and (f) of subsection (2) of section 114 of the Criminal Law Code.".".
5. In section 10 by the deletion of ""any offence referred to in subsection (1), (2) or (3) of section eleven" and the substitution of "any contravention of subsection (2) of section 114 of the Criminal Law Code.".
+
 
6. By the repeal of sections 11 and 12.
+
5. In section 10 by the deletion of ""any offence referred to in subsection (1), (2) or (3) of section eleven" and the substitution of "any contravention of subsection (2) of section 114 of the Criminal Law Code.".
PART X
+
 
ANTI-CORRUPTION COMMISSION ACT [CHAPTER 9:22]
+
6. By the repeal of sections 11 and 12.
+
 
"(a) any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code;  and".
+
'''PART X'''
+
 
+
'''ANTI-CORRUPTION COMMISSION ACT [CHAPTER 9:22]'''
 +
 
 +
 
 +
 
 +
"(a) any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code;  and".
 +
 
 +
 
 +
 
 +
 
 +
 
 
(a) any offence related to corruption;
 
(a) any offence related to corruption;
 +
 
(b) contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17];
 
(b) contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17];
 +
 
(c) the sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14];
 
(c) the sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14];
 +
 
(d) any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones;
 
(d) any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones;
 +
 
(e) any offence referred to in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis;
 
(e) any offence referred to in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis;
 +
 
(f) fraud or forgery*
 
(f) fraud or forgery*
 +
 
(i) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister responsible for justice may prescribe by notice in a statutory instrument;  or
 
(i) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister responsible for justice may prescribe by notice in a statutory instrument;  or
 +
 
(ii) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy;  or
 
(ii) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy;  or
 +
 
(iii) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister responsible for justice may prescribe by notice in a statutory instrument;
 
(iii) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister responsible for justice may prescribe by notice in a statutory instrument;
 +
 
(g) contravening section 42 ("Offences relating to banknotes") of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage;
 
(g) contravening section 42 ("Offences relating to banknotes") of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage;
 +
 
(h) contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with*
 
(h) contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with*
 +
 
(i) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this paragraph and paragraph 8 called "the Exchange Control Regulations"), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;
 
(i) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this paragraph and paragraph 8 called "the Exchange Control Regulations"), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;
 +
 
(ii) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;
 
(ii) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;
 +
 
(iii) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;
 
(iii) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;
 +
 
(iv) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
 
(iv) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
 +
 
(v) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations;
 
(v) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations;
 +
 
(i) contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations;
 
(i) contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations;
 +
 
(j) theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11];
 
(j) theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11];
 +
 
(k) theft or forgery of*
 
(k) theft or forgery of*
 +
 
(i) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe;  or
 
(i) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe;  or
 +
 
(ii) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;  or
 
(ii) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;  or
 +
 
(iii) any passport, identity document or drivers licence issued by a foreign government;  or
 
(iii) any passport, identity document or drivers licence issued by a foreign government;  or
 +
 
(iv) a vehicle registration plate;  or  
 
(iv) a vehicle registration plate;  or  
 +
 
(v) any documentation relating to the registration or insurance of a motor vehicle;
 
(v) any documentation relating to the registration or insurance of a motor vehicle;
 +
 
(l) stock theft involving a bovine or equine animal;
 
(l) stock theft involving a bovine or equine animal;
 +
 
(m) a conspiracy, incitement or attempt to commit any offence referred to in subparagraphs (a) to (l).".
 
(m) a conspiracy, incitement or attempt to commit any offence referred to in subparagraphs (a) to (l).".
PART XI
+
 
PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:07]
+
'''PART XI'''
1. In section 2 by the repeal of the definitions of "act of insurgency, banditry, sabotage or terrorism", "bomb", "essential service", "insurgent, bandit saboteur or terrorist", "law enforcement agency", "offensive material", "official" and "weaponry".
+
 
2. By the repeal of section 3.
+
'''PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:07]'''
3. By the repeal of the whole of Part II ("Offences Against Constitutional Government and Public Security") except for section 14 ("Temporary prohibition of possession of certain weapons within particular police districts").
+
 
4. By the repeal of the whole of Part III ("Offences Against Public Order").
+
1. In section 2 by the repeal of the definitions of "act of insurgency, banditry, sabotage or terrorism", "bomb", "essential service", "insurgent, bandit saboteur or terrorist", "law enforcement agency", "offensive material", "official" and "weaponry".
5. In section 14 by the deletion from subsection (1) of "Without derogation from section thirteen" and the substitution of "Without derogation from section 38 ("Possession of dangerous weapons") of the Criminal Law Code".
+
 
6. By the repeal of sections 30, 31 and 36.
+
2. By the repeal of section 3.
7. In section 38 in subsection (1) by the deletion of "this Act" and the substitution of "Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against Public Order") or section 176 ("Assaulting or resisting peace officer") or 177 ("Undermining of police authority") of the Criminal Law Code".".
+
 
+
3. By the repeal of the whole of Part II ("Offences Against Constitutional Government and Public Security") except for section 14 ("Temporary prohibition of possession of certain weapons within particular police districts").
 +
 
 +
4. By the repeal of the whole of Part III ("Offences Against Public Order").
 +
 
 +
5. In section 14 by the deletion from subsection (1) of "Without derogation from section thirteen" and the substitution of "Without derogation from section 38 ("Possession of dangerous weapons") of the Criminal Law Code".
 +
 
 +
6. By the repeal of sections 30, 31 and 36.
 +
 
 +
7. In section 38 in subsection (1) by the deletion of "this Act" and the substitution of "Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against Public Order") or section 176 ("Assaulting or resisting peace officer") or 177 ("Undermining of police authority") of the Criminal Law Code".".
 +
 
 +
 
 +
 
 
(a) in subsection (1) by the insertion after "this Act" of "or of Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against the Community") or section 176 ("Assaulting or resisting peace officer") or 177 ("Undermining of police authority") of the Criminal Law Code";
 
(a) in subsection (1) by the insertion after "this Act" of "or of Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against the Community") or section 176 ("Assaulting or resisting peace officer") or 177 ("Undermining of police authority") of the Criminal Law Code";
 +
 
(b) in subsection (2) by the insertion after "this Act" wherever it occurs of " or any of the provisions of the Criminal Law Code referred to in subsection (1)";
 
(b) in subsection (2) by the insertion after "this Act" wherever it occurs of " or any of the provisions of the Criminal Law Code referred to in subsection (1)";
 +
  
(i) by the insertion after "this Act" where it occurs for the first time of "or any provision of the Criminal Law Code referred to in subsection (1)";
+
 
(ii) by the insertion after "this Act" where it occurs for the second time of "or the Criminal Law Code".
+
(i) by the insertion after "this Act" where it occurs for the first time of "or any provision of the Criminal Law Code referred to in subsection (1)";
PART XII
+
 
POLICE ACT [CHAPTER 11:10]
+
(ii) by the insertion after "this Act" where it occurs for the second time of "or the Criminal Law Code".
 +
 
 +
'''PART XII'''
 +
 
 +
'''POLICE ACT [CHAPTER 11:10]'''
 +
 
  
 +
 
"67A When police officer or constabulary member deemed to be acting in execution of duty
 
"67A When police officer or constabulary member deemed to be acting in execution of duty
 +
 
A police officer, or a constabulary member of the Police Force, who in good faith performs any act in accordance with or in the enforcement of any provision purporting to be an enactment of a competent legislative authority shall, notwithstanding any irregularity in the enactment of or defect in that provision or want of jurisdiction on the part of the legislative authority, be deemed to be acting in the execution of his duty.".
 
A police officer, or a constabulary member of the Police Force, who in good faith performs any act in accordance with or in the enforcement of any provision purporting to be an enactment of a competent legislative authority shall, notwithstanding any irregularity in the enactment of or defect in that provision or want of jurisdiction on the part of the legislative authority, be deemed to be acting in the execution of his duty.".
PART XIII
+
 
INLAND WATERS SHIPPING ACT [CHAPTER 13:06]
+
'''PART XIII'''
 +
 
 +
'''INLAND WATERS SHIPPING ACT [CHAPTER 13:06]'''
 +
 
  
 +
 
"53A Use of vessel and interference therewith without owner's consent
 
"53A Use of vessel and interference therewith without owner's consent
 +
  
(a) without lawful authority or reasonable cause, gets on to any vessel lying on inland waters or in any port or harbour or on any land or interferes with or wilfully injures such vessel or its accessories;  or
+
 
(b) without the consent of the owner or person in lawful charge of the vessel, uses or sails such boat on inland waters;
+
(a) without lawful authority or reasonable cause, gets on to any vessel lying on inland waters or in any port or harbour or on any land or interferes with or wilfully injures such vessel or its accessories;  or
 +
 
 +
(b) without the consent of the owner or person in lawful charge of the vessel, uses or sails such boat on inland waters;
 +
 
 
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment:
 
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment:
 +
 
Provided that nothing in this subsection shall be construed as prohibiting any police officer or any other person empowered thereto under any enactment from performing the duties conferred and imposed upon him by this Act or any other enactment.
 
Provided that nothing in this subsection shall be construed as prohibiting any police officer or any other person empowered thereto under any enactment from performing the duties conferred and imposed upon him by this Act or any other enactment.
 +
 
(2)  If, on the trial of any person on a charge of stealing a vessel, the court is of the opinion that the accused was not guilty of stealing the vessel but was guilty of an offence under subsection (1), the court may find him guilty of an offence under subsection (1), and thereupon he shall be liable to punishment accordingly.
 
(2)  If, on the trial of any person on a charge of stealing a vessel, the court is of the opinion that the accused was not guilty of stealing the vessel but was guilty of an offence under subsection (1), the court may find him guilty of an offence under subsection (1), and thereupon he shall be liable to punishment accordingly.
 +
 
53B Power of police to stop and search vessel
 
53B Power of police to stop and search vessel
 +
 
(1)  Where a police officer has reason to suspect that an offence has been committed by any person on board a vessel on inland waters, it shall be lawful for him to stop, go on board and search such vessel without warrant and to seize any thing which he has reasonable grounds for believing will afford evidence as to the commission of an offence under any law.
 
(1)  Where a police officer has reason to suspect that an offence has been committed by any person on board a vessel on inland waters, it shall be lawful for him to stop, go on board and search such vessel without warrant and to seize any thing which he has reasonable grounds for believing will afford evidence as to the commission of an offence under any law.
 +
 
(2)  Any person who, when called upon to stop a vessel under his control in terms of subsection (1), fails to comply immediately with such request shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.".
 
(2)  Any person who, when called upon to stop a vessel under his control in terms of subsection (1), fails to comply immediately with such request shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.".
PART XIV
+
 
TOURISM ACT [CHAPTER 14:20]
+
'''PART XIV'''
 +
 
 +
'''TOURISM ACT [CHAPTER 14:20]'''
 +
 
 
By the repeal of section 58.
 
By the repeal of section 58.
PART XV
+
 
DANGEROUS DRUGS ACT [CHAPTER 15:03]
+
'''PART XV'''
+
 
 +
D'''ANGEROUS DRUGS ACT [CHAPTER 15:03]'''
 +
 
 +
 
 +
 
 
"(3)  Any word or expression to which a meaning has been assigned in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code shall have the same meaning when used in this Act.".
 
"(3)  Any word or expression to which a meaning has been assigned in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code shall have the same meaning when used in this Act.".
+
 
 +
 
 +
 
 
"3 Application of Part II
 
"3 Application of Part II
 +
 
This Part applies to any dangerous drug referred to in paragraph (a) of the definition of "dangerous drug" in section 155 of the Criminal Law Code (that is, any coca bush, coca leaf, raw opium or cannabis plant).".
 
This Part applies to any dangerous drug referred to in paragraph (a) of the definition of "dangerous drug" in section 155 of the Criminal Law Code (that is, any coca bush, coca leaf, raw opium or cannabis plant).".
3. By the repeal of Part III.
+
 
4. In section 10 by the repeal of subsection (2).
+
3. By the repeal of Part III.
+
 
"PART V
+
4. In section 10 by the repeal of subsection (2).
CONTROL OF DANGEROUS DRUGS
+
 
 +
 
 +
 
 +
'''PART V'''
 +
 
 +
'''CONTROL OF DANGEROUS DRUGS'''
 +
 
 
13 Interpretation in Part V
 
13 Interpretation in Part V
 +
  
 +
 
"the 1961 Convention" means the single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
 
"the 1961 Convention" means the single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
 +
 
"the 1971 Convention" means the Convention on Psychotropic Substances, 1971;
 
"the 1971 Convention" means the Convention on Psychotropic Substances, 1971;
 +
 
"the 1988 Convention" means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;
 
"the 1988 Convention" means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;
 +
 
"dangerous drug" has the meaning given to that term in section 155 of the Criminal Law Code;
 
"dangerous drug" has the meaning given to that term in section 155 of the Criminal Law Code;
 +
 
"dangerous drugs crime" means a crime specified in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code;
 
"dangerous drugs crime" means a crime specified in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code;
 +
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 +
 
"police district" means an area designated by the Commissioner of Police as a police district for the purposes of the administration of the Police Force;
 
"police district" means an area designated by the Commissioner of Police as a police district for the purposes of the administration of the Police Force;
 +
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule and the term "Part I scheduled drug" shall be construed accordingly.
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule and the term "Part I scheduled drug" shall be construed accordingly.
 +
 
14 Specification of dangerous drugs
 
14 Specification of dangerous drugs
 +
 
(1)  Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988 Conventions
 
(1)  Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988 Conventions
 +
 
(2)  Part II of the Schedule specifies other dangerous drugs.
 
(2)  Part II of the Schedule specifies other dangerous drugs.
 +
  
(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine;  or
+
 
(b) is capable of being converted into a substance which is likely to be productive, if improperly used, of such effects;
+
(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine;  or
 +
 
 +
(b) is capable of being converted into a substance which is likely to be productive, if improperly used, of such effects;
 +
 
 
he may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the Schedule by specifying such derivative or alkaloid or drug.
 
he may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the Schedule by specifying such derivative or alkaloid or drug.
 +
 
(4)  If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a decision by the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations to include or delete from the annex to that Convention any substance has been communicated by the Secretary-General of the United Nations to the parties to that Convention, the Minister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or deleting such substance as a dangerous drug, as the case may be.
 
(4)  If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a decision by the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations to include or delete from the annex to that Convention any substance has been communicated by the Secretary-General of the United Nations to the parties to that Convention, the Minister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or deleting such substance as a dangerous drug, as the case may be.
 +
 
(5)  Whenever the Authority considers it necessary or desirable in the public interest that any drug, other than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it may, by notice in a statutory instrument, after consultation with the Minister, amend Part II of the Schedule by specifying such drug, and may in like manner amend or revoke such specification.
 
(5)  Whenever the Authority considers it necessary or desirable in the public interest that any drug, other than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it may, by notice in a statutory instrument, after consultation with the Minister, amend Part II of the Schedule by specifying such drug, and may in like manner amend or revoke such specification.
 +
 
14A Restriction on import and export of dangerous drugs
 
14A Restriction on import and export of dangerous drugs
 +
  
(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule except under and in accordance with the terms of a licence issued by the Authority;
+
 
(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the Schedule.
+
(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule except under and in accordance with the terms of a licence issued by the Authority;
 +
 
 +
(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the Schedule.
 +
 
 
(2)  Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous drug as provided in section 156 of the Criminal Law Code.
 
(2)  Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous drug as provided in section 156 of the Criminal Law Code.
 +
 
(3)  If at any time the importation into a foreign country of a dangerous drug referred to in paragraph (a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that prohibition or restriction is in force, be attached to every licence which is issued under this Act authorising the export of that drug from Zimbabwe, such conditions as appear necessary for preventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that country during such time as the importation of that drug into that country is so prohibited or restricted, and any such licences issued before the prohibition or restriction came into force shall, if the Minister by order so directs, be deemed to be subject to the like conditions.
 
(3)  If at any time the importation into a foreign country of a dangerous drug referred to in paragraph (a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that prohibition or restriction is in force, be attached to every licence which is issued under this Act authorising the export of that drug from Zimbabwe, such conditions as appear necessary for preventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that country during such time as the importation of that drug into that country is so prohibited or restricted, and any such licences issued before the prohibition or restriction came into force shall, if the Minister by order so directs, be deemed to be subject to the like conditions.
 +
 
14B Authority may restrict lawful possession, etc., of dangerous drugs in certain cases
 
14B Authority may restrict lawful possession, etc., of dangerous drugs in certain cases
 +
  
(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;  or
+
 
(b) is considered by the Authority to be prescribing, administering or supplying any Part I scheduled drug in an irresponsible manner;
+
(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;  or
 +
 
 +
(b) is considered by the Authority to be prescribing, administering or supplying any Part I scheduled drug in an irresponsible manner;
 +
 
 
the Authority may, subject to this section, issue a direction to that person prohibiting him from acquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may be appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the direction.
 
the Authority may, subject to this section, issue a direction to that person prohibiting him from acquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may be appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the direction.
 +
 
(2)  Before issuing any direction under subsection (1) the Authority shall direct the Director-General to give written notice to the person concerned of its intention to issue the direction.
 
(2)  Before issuing any direction under subsection (1) the Authority shall direct the Director-General to give written notice to the person concerned of its intention to issue the direction.
 +
  
(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to issue it;
+
 
(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the notice submit to the Director-General any comments he may wish to put forward in connection with the matter.
+
(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to issue it;
 +
 
 +
(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the notice submit to the Director-General any comments he may wish to put forward in connection with the matter.
 +
 
  
(a) no comments are submitted under paragraph (b) of subsection (3);  or
+
 
(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the Authority decides to issue the direction;
+
(a) no comments are submitted under paragraph (b) of subsection (3);  or
 +
 
 +
(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the Authority decides to issue the direction;
 +
 
 
the Authority may direct the Director-General to issue the direction.
 
the Authority may direct the Director-General to issue the direction.
 +
 
(5)  any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may, within thirty days after the date of that decision, appeal to the Administrative Court, but in such case the direction shall continue to have effect until the appeal is determined.
 
(5)  any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may, within thirty days after the date of that decision, appeal to the Administrative Court, but in such case the direction shall continue to have effect until the appeal is determined.
 +
 
(6)  Any person subject to a direction issued under subsection (1) who contravenes the terms of the direction shall be guilty of contravening section 156 ("Unlawful dealing in dangerous drugs") or 157 ("Unlawful possession or use of dangerous drugs") of the Criminal Law Code with respect to the acquisition, possession, prescription, administration, manufacture, compounding or supply of the Part I scheduled drug specified I the direction.
 
(6)  Any person subject to a direction issued under subsection (1) who contravenes the terms of the direction shall be guilty of contravening section 156 ("Unlawful dealing in dangerous drugs") or 157 ("Unlawful possession or use of dangerous drugs") of the Criminal Law Code with respect to the acquisition, possession, prescription, administration, manufacture, compounding or supply of the Part I scheduled drug specified I the direction.
 +
 
14C Regulations under Part V
 
14C Regulations under Part V
 +
  
(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution of coca bushes, cannabis plants and raw opium;
+
 
(b) prescribe measures to be taken for the eradication of plants, to which regulations made under paragraph (a) apply, found to be growing wild;
+
(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution of coca bushes, cannabis plants and raw opium;
(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the purpose by the Authority and subject to any terms and conditions specified in the licence;
+
 
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons licensed or otherwise authorized under the regulations;
+
(b) prescribe measures to be taken for the eradication of plants, to which regulations made under paragraph (a) apply, found to be growing wild;
(e) require precautions for the safe custody of Part I scheduled drugs;
+
 
(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of such packaging and labelling;
+
(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the purpose by the Authority and subject to any terms and conditions specified in the licence;
(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or otherwise disposing of such drugs when no longer required;
+
 
(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply of such drugs on prescription and the dispensing of any such prescriptions;
+
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons licensed or otherwise authorized under the regulations;
(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to furnish to the Authority such information relating to those prescriptions as may be prescribed;
+
 
(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled drug to keep such books and furnish such information, either in writing or otherwise, as may be prescribed;
+
(e) require precautions for the safe custody of Part I scheduled drugs;
(k) require any medical practitioner treating a person whom he considers, or has reasonable grounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning that person to the Permanent Secretary responsible for health as may be prescribed;
+
 
(l) prohibit any medical practitioner from administering, supplying or authorising the administration and supply to persons addicted to any dangerous drug such drug, and from prescribing for such persons such drug, except under and in accordance with the terms of a permit issued by the Permanent Secretary responsible for health.
+
(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of such packaging and labelling;
(m) regulate the fees payable for the issue or renewal or any licence, application or thing done in terms of this Part;
+
 
(n) make any contravention of the regulations an offence and impose a fine not exceeding level six for any such contravention.
+
(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or otherwise disposing of such drugs when no longer required;
 +
 
 +
(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply of such drugs on prescription and the dispensing of any such prescriptions;
 +
 
 +
(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to furnish to the Authority such information relating to those prescriptions as may be prescribed;
 +
 
 +
(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled drug to keep such books and furnish such information, either in writing or otherwise, as may be prescribed;
 +
 
 +
(k) require any medical practitioner treating a person whom he considers, or has reasonable grounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning that person to the Permanent Secretary responsible for health as may be prescribed;
 +
 
 +
(l) prohibit any medical practitioner from administering, supplying or authorising the administration and supply to persons addicted to any dangerous drug such drug, and from prescribing for such persons such drug, except under and in accordance with the terms of a permit issued by the Permanent Secretary responsible for health.
 +
 
 +
(m) regulate the fees payable for the issue or renewal or any licence, application or thing done in terms of this Part;
 +
 
 +
(n) make any contravention of the regulations an offence and impose a fine not exceeding level six for any such contravention.
 +
 
  
(a) in the ordinary course of his retail business to manufacture, at any premises registered under Part VI, any preparation, admixture or extract of a Part I scheduled drug;
+
 
(b) to carry on at any such premises the business of retailing, dispensing or compounding any such drug;
+
(a) in the ordinary course of his retail business to manufacture, at any premises registered under Part VI, any preparation, admixture or extract of a Part I scheduled drug;
 +
 
 +
(b) to carry on at any such premises the business of retailing, dispensing or compounding any such drug;
 +
 
 
subject to the power of the Authority to withdraw the authorisation in the case of a person who has been convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly be allowed to carry on the business of a manufacturing or selling or distributing, as the case may be, such a drug.
 
subject to the power of the Authority to withdraw the authorisation in the case of a person who has been convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly be allowed to carry on the business of a manufacturing or selling or distributing, as the case may be, such a drug.
 +
 
14D Powers of search, seizure and forfeiture
 
14D Powers of search, seizure and forfeiture
 +
  
(a) enter upon any land where such person is believed to be, and there require him to produce for his inspection such dangerous drug;  or
+
 
(b) search such person or any animal in his possession, and enter and search any land, building, vehicle, aircraft, train, vessel, or boat in the possession or use of such person:
+
(a) enter upon any land where such person is believed to be, and there require him to produce for his inspection such dangerous drug;  or
 +
 
 +
(b) search such person or any animal in his possession, and enter and search any land, building, vehicle, aircraft, train, vessel, or boat in the possession or use of such person:
  
(i) a person shall be searched only by a person of like sex;  and
+
 
(ii) such search shall be done with the strictest regard to decency and decorum;
+
(i) a person shall be searched only by a person of like sex;  and
 +
 
 +
(ii) such search shall be done with the strictest regard to decency and decorum;
 +
 
 
and seize any dangerous drug in the possession of such person and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest and detain him.
 
and seize any dangerous drug in the possession of such person and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest and detain him.
 +
 
(2)  Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of sergeant with the written authorisation of a police officer above the rank of sergeant) may at any time enter upon and inspect any land, building or other structure on or in which plants, from which dangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are being cultivated in contravention of this Part or Chapter VII ("Crimes involving dangerous drugs") of the Criminal Law Code.
 
(2)  Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of sergeant with the written authorisation of a police officer above the rank of sergeant) may at any time enter upon and inspect any land, building or other structure on or in which plants, from which dangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are being cultivated in contravention of this Part or Chapter VII ("Crimes involving dangerous drugs") of the Criminal Law Code.
 +
 
(3)  If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle or appliance for smoking or using the same or any plant which it is suspected upon reasonable grounds is being cultivated in contravention of this Part or Chapter VII ("Crimes involving dangerous drugs") of the Criminal Law Code is found, it may be seized and removed, together with any books, accounts or documents relating thereto.
 
(3)  If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle or appliance for smoking or using the same or any plant which it is suspected upon reasonable grounds is being cultivated in contravention of this Part or Chapter VII ("Crimes involving dangerous drugs") of the Criminal Law Code is found, it may be seized and removed, together with any books, accounts or documents relating thereto.
 +
 
(4)  Any person who is arrested and detained and any dangerous drug or article which is seized in terms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent jurisdiction to be dealt with according to law.
 
(4)  Any person who is arrested and detained and any dangerous drug or article which is seized in terms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent jurisdiction to be dealt with according to law.
 +
 
(5)  Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of his powers under this section shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
 
(5)  Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of his powers under this section shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
 +
 
(6)  If on the trial of any person for contravening or failing to comply with any provision of this Act or any condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle, appliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated in contravention of this Act, it shall be forfeited to the State.
 
(6)  If on the trial of any person for contravening or failing to comply with any provision of this Act or any condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle, appliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated in contravention of this Act, it shall be forfeited to the State.
 +
 
14E Forfeiture on conviction, and prohibition from driving and flying
 
14E Forfeiture on conviction, and prohibition from driving and flying
 +
  
(a) shall order that any drug to which the conviction relates be forfeited to the State, unless the drug is further required as an exhibit at a trial;  and
+
 
(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon which such drug was found or was used for the purpose of or in connection with such drug, be forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat, animal, receptacle, container or thing.
+
(a) shall order that any drug to which the conviction relates be forfeited to the State, unless the drug is further required as an exhibit at a trial;  and
 +
 
 +
(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon which such drug was found or was used for the purpose of or in connection with such drug, be forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat, animal, receptacle, container or thing.
 +
 
 
(2)  If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime that the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction relates, the court may order that the convicted person or, where the motor vehicle was driven or aircraft was flown by another person who was a participant or accomplice in or accessory to the crime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of aircraft for a period not exceeding fifteen years, as the case may be, and the appropriate provisions of the Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis mutandis, in respect of any such prohibition.
 
(2)  If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime that the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction relates, the court may order that the convicted person or, where the motor vehicle was driven or aircraft was flown by another person who was a participant or accomplice in or accessory to the crime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of aircraft for a period not exceeding fifteen years, as the case may be, and the appropriate provisions of the Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis mutandis, in respect of any such prohibition.
 +
 
14F Safe custody of forfeited dangerous drugs
 
14F Safe custody of forfeited dangerous drugs
 +
 
(1)  Upon the conclusion of criminal proceedings resulting in the conviction of a person of a dangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other than cannabis, be delivered forthwith to the police officer in command of the police district where the drugs were seized for safe custody, and shall ensure that such police officer and the Director-General are given full particulars of such drugs, including their quantity and any  other relevant information.
 
(1)  Upon the conclusion of criminal proceedings resulting in the conviction of a person of a dangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other than cannabis, be delivered forthwith to the police officer in command of the police district where the drugs were seized for safe custody, and shall ensure that such police officer and the Director-General are given full particulars of such drugs, including their quantity and any  other relevant information.
 +
 
(2)  Pending their destruction in terms of section fourteen G, the Director-General shall store any drugs delivered to him under subsection (1) in a place of maximum security under his personal control, free from contamination by moisture or dust, and shall protect them from access by any other person, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration whatsoever.
 
(2)  Pending their destruction in terms of section fourteen G, the Director-General shall store any drugs delivered to him under subsection (1) in a place of maximum security under his personal control, free from contamination by moisture or dust, and shall protect them from access by any other person, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration whatsoever.
 +
 
14G Destruction of forfeited dangerous drugs and articles
 
14G Destruction of forfeited dangerous drugs and articles
 +
 
(1)  Within seven days of the receipt from the court of any consignment of forfeited dangerous drugs the police officer in command of the police district to whom any dangerous drugs are delivered in terms of section fourteen F (hereafter in this section called "the custodian police officer") shall communicate in writing to the Commissioner of Police, the Director-General, the Commissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full particulars of such drugs, including their quantity and all other relevant information, which shall, in every material respect, correspond strictly with the particulars furnished to the custodian police officer and the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.
 
(1)  Within seven days of the receipt from the court of any consignment of forfeited dangerous drugs the police officer in command of the police district to whom any dangerous drugs are delivered in terms of section fourteen F (hereafter in this section called "the custodian police officer") shall communicate in writing to the Commissioner of Police, the Director-General, the Commissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full particulars of such drugs, including their quantity and all other relevant information, which shall, in every material respect, correspond strictly with the particulars furnished to the custodian police officer and the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.
 +
 
(2)  Within fourteen days of the written communication referred to in subsection (1), the custodian police officer shall appoint a date and time, which shall not be before the expiry of the period within which an appeal against the conviction concerned may be noted, for the total destruction by incineration of such drugs:
 
(2)  Within fourteen days of the written communication referred to in subsection (1), the custodian police officer shall appoint a date and time, which shall not be before the expiry of the period within which an appeal against the conviction concerned may be noted, for the total destruction by incineration of such drugs:
 +
 
Provided that, where an appeal has been noted, the drugs shall not be destroyed until such time as the appeal has been abandoned or determined, whereupon this subsection shall apply.
 
Provided that, where an appeal has been noted, the drugs shall not be destroyed until such time as the appeal has been abandoned or determined, whereupon this subsection shall apply.
 +
 
(3)  For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer of or above the rank of superintendent designated by the Commissioner of Police, a senior customs officer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-General or an inspector designated by him and a senior official of the Ministry responsible for justice designated by the Attorney-General, who shall, if they so decide whether on their own initiative or at the request of the custodian police officer concerned, assist the custodian police officer in the destruction of all dangerous drugs, other than cannabis plants, forfeited to the State.
 
(3)  For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer of or above the rank of superintendent designated by the Commissioner of Police, a senior customs officer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-General or an inspector designated by him and a senior official of the Ministry responsible for justice designated by the Attorney-General, who shall, if they so decide whether on their own initiative or at the request of the custodian police officer concerned, assist the custodian police officer in the destruction of all dangerous drugs, other than cannabis plants, forfeited to the State.
 +
 
(4)  On the date and time appointed by the custodian police officer under subsection (2), the panel referred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in the full view and presence of each other and, immediately thereafter, shall sign a joint declaration in the prescribed form, attesting to the total destruction of the drugs.
 
(4)  On the date and time appointed by the custodian police officer under subsection (2), the panel referred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in the full view and presence of each other and, immediately thereafter, shall sign a joint declaration in the prescribed form, attesting to the total destruction of the drugs.
 +
 
(5)  Within fourteen days of the destruction of any dangerous drugs forfeited to the State, the Director-General shall cause to be published in the Gazette for public information the joint declaration referred to in subsection (4).
 
(5)  Within fourteen days of the destruction of any dangerous drugs forfeited to the State, the Director-General shall cause to be published in the Gazette for public information the joint declaration referred to in subsection (4).
 +
 
(6)  Whenever the custodian police officer is prevented by illness or other reasonable cause from discharging his functions under this section, such functions shall be discharged by any police officer of or above the rank of sergeant designated by the custodian police officer for that purpose.
 
(6)  Whenever the custodian police officer is prevented by illness or other reasonable cause from discharging his functions under this section, such functions shall be discharged by any police officer of or above the rank of sergeant designated by the custodian police officer for that purpose.
 +
 
(7)  Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be burned or otherwise destroyed in the presence of a specified police officer.
 
(7)  Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be burned or otherwise destroyed in the presence of a specified police officer.
 
14H Forfeiture on acquittal or withdrawal of charge
 
14H Forfeiture on acquittal or withdrawal of charge
 +
 
At the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the accused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court shall order that any drug, other than cannabis, which was seized in connection with the proceedings, shall be forfeited to the State, and sections fourteen F and fourteen G shall apply, mutatis mutandis, in relation to the drug:
 
At the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the accused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court shall order that any drug, other than cannabis, which was seized in connection with the proceedings, shall be forfeited to the State, and sections fourteen F and fourteen G shall apply, mutatis mutandis, in relation to the drug:
 +
 
Provided that, if the drug is further required as an exhibit at a trial, this section shall not apply in relation to the drug.
 
Provided that, if the drug is further required as an exhibit at a trial, this section shall not apply in relation to the drug.
 +
 
14J Forfeiture where no criminal proceedings are instituted
 
14J Forfeiture where no criminal proceedings are instituted
 +
 
If any dangerous drug, other than cannabis, has been seized by a police officer or any other public officer and no criminal proceedings are instituted in connection therewith and the drug is not further required as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other public officer concerned shall deliver the drug to the Director-General as though the court had made an order in respect of that drug under section fourteen G, and thereafter section fourteen H and shall apply, mutatis mutandis, in relation to the drug.".
 
If any dangerous drug, other than cannabis, has been seized by a police officer or any other public officer and no criminal proceedings are instituted in connection therewith and the drug is not further required as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other public officer concerned shall deliver the drug to the Director-General as though the court had made an order in respect of that drug under section fourteen G, and thereafter section fourteen H and shall apply, mutatis mutandis, in relation to the drug.".
6. By the repeal of section 17.
+
 
7. In section 19 by the repeal of subsections (2), (3), (4) and (7).
+
6. By the repeal of section 17.
8. By the repeal of sections 20 to 25.
+
 
+
7. In section 19 by the repeal of subsections (2), (3), (4) and (7).
 +
 
 +
8. By the repeal of sections 20 to 25.
 +
 
 +
 
 +
 
 
"SCHEDULE (Section 14)
 
"SCHEDULE (Section 14)
 +
 
SCHEDULED DRUGS
 
SCHEDULED DRUGS
PART I
+
 
DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH 1961, 1971 AND 1988 CONVENTIONS
+
'''PART I'''
 +
 
 +
'''DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH 1961, 1971 AND 1988 CONVENTIONS'''
 +
 
  
 +
 
Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
 
Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
 +
 
Benzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprod; Bezitramide.
 
Benzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprod; Bezitramide.
Desomorphine; Dextromoramide; Dextropropoxyphene; Diampromide; Diethylthiambutene; Difenoxin (or diphenoxylic acid), except mixtures containing, per dosage unit, not more than 0,5 milligrams of difenoxin, calculated as the base, and a quantity of atropine sulphate equal to at 5,0 per cent of the quantity of difenoxin, calculated as the base, which is present in the mixture; Dihydromorphine; Dimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetylbutyrate; Diphenoxylate, except preparations containing not more than 2,5 milligrams of diphenoxylate, calculated as the base, and not less than 25 micrograms of atropine sulphate per dosage unit; Dronabinol [(-) transdelta-9-tetrahydrocannabinol]; Drotebanol.
+
 
 +
Desomorphine; Dextromoramide; Dextropropoxyphene; Diampromide; Diethylthiambutene; Difenoxin (or diphenoxylic acid), except mixtures containing, per dosage unit, not more than 0,5 milligrams of difenoxin, calculated as the base, and a quantity of atropine sulphate equal to at 5,0 per cent of the quantity of difenoxin, calculated as the base, which is present in the mixture;  
 +
 
 +
Dihydromorphine; Dimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetylbutyrate; Diphenoxylate, except preparations containing not more than 2,5 milligrams of diphenoxylate, calculated as the base, and not less than 25 micrograms of atropine sulphate per dosage unit; Dronabinol [(-) transdelta-9-tetrahydrocannabinol]; Drotebanol.
 +
 
 
Ecgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine; Ethylmethylthiambutene; Ethylmorphine; Etonitazene; Etorphine; Etoxeridine.
 
Ecgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine; Ethylmethylthiambutene; Ethylmorphine; Etonitazene; Etorphine; Etoxeridine.
 +
 
Fentanyl; Furethidine.
 
Fentanyl; Furethidine.
 +
 
Hydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone (dihydromorphinone); Hydroxypethidine.
 
Hydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone (dihydromorphinone); Hydroxypethidine.
 +
 
Isomethadone.
 
Isomethadone.
 +
 
Ketobemidone.
 
Ketobemidone.
 +
 
Levomoramide; Levophenacylmorphan; Levorphanol.
 
Levomoramide; Levophenacylmorphan; Levorphanol.
Mefenorex; Metazocine; Methadone; Methadone-intermediate; Methorphan, including levomethorphan and racemethorphan, but excluding dextromethorphan; Methyldesorphine; Methyldihydromorphine; Methylphenidate and the derivatives thereof; Metopon; Moramide-intermediate; Morpheridine; Morphine, except preparations and mixtures of morphine containing not more than 0,2 per cent of morphine, calculated as anhydrous morphine; Morphine methobromide and other pentavalent nitrogen morphine derivatives; Morphine-N-oxide and the derivatives thereof.; Myrophine (myristylbenzylmorphine).
+
 
 +
Mefenorex; Metazocine; Methadone; Methadone-intermediate; Methorphan, including levomethorphan and racemethorphan, but excluding dextromethorphan; Methyldesorphine;  
 +
 
 +
Methyldihydromorphine; Methylphenidate and the derivatives thereof; Metopon; Moramide-intermediate; Morpheridine; Morphine, except preparations and mixtures of morphine containing not more than 0,2 per cent of morphine, calculated as anhydrous morphine; Morphine methobromide and other pentavalent nitrogen morphine derivatives; Morphine-N-oxide and the derivatives thereof.; Myrophine (myristylbenzylmorphine).
 +
 
 
Nicocodine; Nicodicodine; Nicomorphine; Noracymethadol; Norcodeine, except preparations and mixtures containing not more than 20 milligrams norcodeine per recommended or prescribed dose; Norlevorphanol; Normethadone; Normorphine (demethylmorphine or N-demethylated morphine); Norpipanone.
 
Nicocodine; Nicodicodine; Nicomorphine; Noracymethadol; Norcodeine, except preparations and mixtures containing not more than 20 milligrams norcodeine per recommended or prescribed dose; Norlevorphanol; Normethadone; Normorphine (demethylmorphine or N-demethylated morphine); Norpipanone.
 +
 
Opium and opiates and any salt, compound, derivative or preparation of opium or opiates, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis, except mixture containing not more than 0,2 per cent or morphine, calculated as anhydrous morphine; Opium-poppy and poppy straw, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or whether obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis; Oxycodone (14-hydroxydihydrocodeinone or dihydrohydroxycodeinone); Oxymorphone (14-hydroxydihydromorphinone or dihydrohydroxymorphinone).
 
Opium and opiates and any salt, compound, derivative or preparation of opium or opiates, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis, except mixture containing not more than 0,2 per cent or morphine, calculated as anhydrous morphine; Opium-poppy and poppy straw, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or whether obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis; Oxycodone (14-hydroxydihydrocodeinone or dihydrohydroxycodeinone); Oxymorphone (14-hydroxydihydromorphinone or dihydrohydroxymorphinone).
 +
 
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate  C; Phenadoxone; Phenampromide; Phenazocine; Phenomorphan; Phenoperidine; Piminodine; Piritramide; Proheptazine; Properidine; Propiram.
 
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate  C; Phenadoxone; Phenampromide; Phenazocine; Phenomorphan; Phenoperidine; Piminodine; Piritramide; Proheptazine; Properidine; Propiram.
 +
 
Racemoramide; Racemorphan.
 
Racemoramide; Racemorphan.
 +
 
Sufentanil.
 
Sufentanil.
 +
 
Thebacon; Thebaine; Tilidine; Trimeperidine.
 
Thebacon; Thebaine; Tilidine; Trimeperidine.
  
 
2.  Unless expressly excluded, all substances included in this Part include the following:
 
2.  Unless expressly excluded, all substances included in this Part include the following:
(a) the isomers of the specified substances, where the existence of such isomers is possible;
+
 
(b) the esters and ethers of the specified substances and of the isomers referred to in subparagraph (a), as well as the isomers of such esters and ethers, where the existence of such esters, ethers and isomers is possible;
+
(a) the isomers of the specified substances, where the existence of such isomers is possible;
(c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and of the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of such salts, where the existence of such salts and isomers is possible;  and
+
 
(d) all preparations and mixtures of the specified substances and of the isomers, esters, ethers and salts referred to in this paragraph.
+
(b) the esters and ethers of the specified substances and of the isomers referred to in subparagraph (a), as well as the isomers of such esters and ethers, where the existence of such esters, ethers and isomers is possible;
PART II
+
 
OTHER DANGEROUS DRUGS
+
(c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and of the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of such salts, where the existence of such salts and isomers is possible;  and
 +
 
 +
(d) all preparations and mixtures of the specified substances and of the isomers, esters, ethers and salts referred to in this paragraph.
 +
 
 +
'''PART II'''
 +
 
 +
'''OTHER DANGEROUS DRUGS'''
 +
 
 
Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of lysergamide, including the drug commonly known as LSD, but not including methysergide maleate; Mescaline; Methaqualone ("Mandrax"); Meghyprylon; Psilocin; Psilocybin; N.N-Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine; Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation containing any proportion of the abovementioned drugs.".
 
Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of lysergamide, including the drug commonly known as LSD, but not including methysergide maleate; Mescaline; Methaqualone ("Mandrax"); Meghyprylon; Psilocin; Psilocybin; N.N-Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine; Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation containing any proportion of the abovementioned drugs.".
 
PART XVI
 
PART XVI

Revision as of 16:08, 3 May 2010