@@ Line 3,693: / Line 3,693: @@
 (2)  Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable?
-	(a)	if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)?
+(a)	if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)?
-	(i)	to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
-	(ii)	to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, in any other case;
+(i)	to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
-	(b)	if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (b) of subsection (1)?
-	(i)	to imprisonment for a period not exceeding ten years, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
+(ii)	to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, in any other case;
-	(ii)	to imprisonment for a period not exceeding seven years, in any other case.
+(b)	if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (b) of subsection (1)?
+(i)	to imprisonment for a period not exceeding ten years, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
+(ii)	to imprisonment for a period not exceeding seven years, in any other case.
 (3)  Any person charged as an accessory to the crime of escaping from lawful custody, in that he or she employed, or harboured or concealed or assisted in harbouring or concealing an escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 (4)  It shall be an aggravating circumstance if any weapon or violence was used by a person charged with escaping from lawful custody.
 (5)  If, in any prosecution in terms of subsection (2), the accused conveyed any thing which may facilitate the escape of a person from lawful custody?
-	(a)	to the person held in lawful custody;  or
-	(b)	into a conveyance, prison, hospital or other place whatsoever where or in which the person held in lawful custody may be, or outside such conveyance, prison, hospital or other place whatsoever in which such person may be so that it may come into his or her possession or use;
+(a)	to the person held in lawful custody;  or
+(b)	into a conveyance, prison, hospital or other place whatsoever where or in which the person held in lawful custody may be, or outside such conveyance, prison, hospital or other place whatsoever in which such person may be so that it may come into his or her possession or use;
 it shall be presumed unless the contrary is proved that he or she did so in the course of securing the escape from lawful custody of the person so held.
 (6)  A person referred to in paragraph (b) of subsection (1) who escapes or attempts to escape from lawful custody may be charged alternatively or concurrently in terms of section 90 of the Prisons Act [Chapter 7:11].
-CHAPTER XII
-UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT
+== CHAPTER XII ==
-	Threats
+===UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT===
+'''186	Threats'''
 (1)  Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if?
-	(a)	he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;  or
-	(b)	he or she realised that there was a real risk or possibility of inspiring in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;
+(a)	he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;  or
+(b)	he or she realised that there was a real risk or possibility of inspiring in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;
 and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 (2)  Subsection (1) shall apply whether the person who is the subject of the threat is the person to whom the threat is communicated or is some other person.
 (3)  For the purposes of subsection (1), a charge of threatening to commit a crime shall only be competent where the crime concerned is murder, rape, aggravated indecent assault, indecent assault, kidnapping or unlawful detention, indicating witches and wizards, theft, robbery, unlawful entry into premises, malicious damage to property, or hijacking.
-	Incitement
+'''187	Incitement'''
 (1)  Any person who, in any manner, communicates with another person?
-	(a)	intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment;  or
-	(b)	realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment;
+(a)	intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment;  or
+(b)	realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment;
 shall be guilty of incitement to commit the crime concerned.
 (2)  It shall be immaterial to a charge of incitement that?
-	(a)	the person who was incited was unresponsive to the incitement and had no intention of acting on the incitement;  or
-	(b)	the person who was incited did not know that what he or she was being incited to do or omit to do constituted a crime.
+(a)	the person who was incited was unresponsive to the incitement and had no intention of acting on the incitement;  or
-	Conspiracy
+(b)	the person who was incited did not know that what he or she was being incited to do or omit to do constituted a crime.
+'''188	Conspiracy'''
 (1)  Any person who enters into an agreement with one or more other persons for the commission of a crime, whether in terms of this Code or any other enactment?
-	(a)	intending by the agreement to bring about the commission of the crime;  or
-	(b)	realising that there is a real risk or possibility that the agreement may bring about the commission of the crime;
+(a)	intending by the agreement to bring about the commission of the crime;  or
+(b)	realising that there is a real risk or possibility that the agreement may bring about the commission of the crime;
 shall be guilty of conspiracy to commit the crime concerned.
 (2)  For an agreement to constitute a conspiracy?
-	(a)	it shall not be necessary for the parties?
-	(i)	to agree upon the time, manner and circumstances in which the crime which is the subject of the conspiracy is to be committed;  or
+(a)	it shall not be necessary for the parties?
-	(ii)	to know the identity of every other party to the conspiracy;
-	(b)	it shall be immaterial that?
+(i)	to agree upon the time, manner and circumstances in which the crime which is the subject of the conspiracy is to be committed;  or
-	(i)	the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement;  or
-	(ii)	one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime.
+(ii)	to know the identity of every other party to the conspiracy;
-	Attempt
+(b)	it shall be immaterial that?
+(i)	the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement;  or
+(ii)	one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime.
+'''189	Attempt'''
 (1)  Subject to subsection (1), any person who?
-	(a)	intending to commit a crime, whether in terms of this Code or any other enactment;  or
-	(b)	realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed;
+(a)	intending to commit a crime, whether in terms of this Code or any other enactment;  or
+(b)	realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed;
 does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned:
 (2)  A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime.
-	Mistake of fact in relation to unfinalised crimes
+'''190	Mistake of fact in relation to unfinalised crimes'''
 It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible.
-	Extra- territorial incitement or conspiracy
+'''191	Extra- territorial incitement or conspiracy'''
 (1)  If a person who is?
-	(a)	in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe;  or
-	(b)	outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe;
+(a)	in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe;  or
+(b)	outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe;
 the first-mentioned person or the other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with incitement or conspiracy to commit the crime concerned, as the case may be.
 (2)  If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime.
-	Punishment for incitement, conspiracy or attempt
+'''192	Punishment for incitement, conspiracy or attempt'''
 Subject to this Code and any other enactment, a person who is convicted of incitement, conspiracy or attempting to commit a crime shall be liable to the same punishment to which he or she would have been liable had he or she actually committed the crime concerned.
-	Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes
+'''193	Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes'''
 (1)  Subject to this Chapter any?
-	(a)	presumption that applies;  or
-	(b)	jurisdiction that may be exercised;  or
+(a)	presumption that applies;  or
-	(c)	award or order that may be made;  or
-	(d)	power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+(b)	jurisdiction that may be exercised;  or
-	(e)	power to take a deposit by way of a penalty that may be exercised;
+(c)	award or order that may be made;  or
+(d)	power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+(e)	power to take a deposit by way of a penalty that may be exercised;
 in relation to any crime or suspected crime in terms of this Code or any other enactment, shall be applicable or capable of being exercised or made, as the case may be, in relation to a threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned.
 (2)  A person charged with threatening, incitement, conspiracy or attempting to commit a crime may raise or rely on any defence which he or she could have raised and relied on if he or she had been charged with committing the crime itself, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of both the crime and, as the case may be, the threat, incitement, conspiracy or attempt:
 Provided that a person charged with incitement, conspiracy or attempting to commit a particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
-	Treason and any other crimes constituted by incitement, conspiracy or attempt
+'''194	Treason and any other crimes constituted by incitement, conspiracy or attempt'''
 This Chapter shall not affect the liability of a person to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, any unlawful agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an attempt is an element.
-CHAPTER XIII
-PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES
+== CHAPTER XIII ==
-PART I
-PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS AND ACCOMPLICES
+===PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES===
-	Interpretation in Part I of Chapter XIII
+'''PART I'''
+'''PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS AND ACCOMPLICES'''
+'''195	Interpretation in Part I of Chapter XIII'''
 In this Part?
 "accomplice" means a person, other than an actual perpetrator of a crime?
-	(a)	who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed;  or
-	(b)	who, having authority, whether lawful or otherwise, over an actual perpetrator and?
+(a)	who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed;  or
-	(i)	knowing that an actual perpetrator intends to commit a crime;  or
-	(ii)	realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
+(b)	who, having authority, whether lawful or otherwise, over an actual perpetrator and?
-	authorises the actual perpetrator to commit the crime;  or
-	(c)	who?
+(i)	knowing that an actual perpetrator intends to commit a crime;  or
-	(i)	knowing that an actual perpetrator intends to commit a crime;  or
-	(ii)	realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
+(ii)	realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
-	renders to the actual perpetrator any form of assistance which enables, assists or encourages the actual perpetrator to commit the crime;
+authorises the actual perpetrator to commit the crime;  or
+(c)	who?
+(i)	knowing that an actual perpetrator intends to commit a crime;  or
+(ii)	realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
+renders to the actual perpetrator any form of assistance which enables, assists or encourages the actual perpetrator to commit the crime;
 "actual perpetrator", in relation to a crime, means a person who, with the requisite state of mind actually does, completes or omits to do anything the doing, completion or omission of which constitutes that crime;
 "co-perpetrator" means a person referred to in subsection (1) of section one hundred and ninety-six.
-	Liability of co-perpetrators
+'''196	Liability of co-perpetrators'''
 (1)  Subject to this section, where?
-	(a)	two or more persons knowingly associate with each other with the intention that each or any of them shall commit or be prepared to commit any crime;  and
-	(b)	any one of the persons referred to in paragraph (a) ("the actual perpetrator") commits the crime;  and
+(a)	two or more persons knowingly associate with each other with the intention that each or any of them shall commit or be prepared to commit any crime;  and
-	(c)	any one of the persons referred to in paragraph (a) other than the actual perpetrator ("the co-perpetrator") is present with the actual perpetrator during the commission of the crime;
+(b) any one of the persons referred to in paragraph (a) ("the actual perpetrator") commits the crime;  and
+(c)	any one of the persons referred to in paragraph (a) other than the actual perpetrator ("the co-perpetrator") is present with the actual perpetrator during the commission of the crime;
 the conduct of the actual perpetrator shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator.
-	(a)	were associated together in any conduct that is preparatory to the conduct which resulted in the crime for which they are charged;  or
-	(b)	engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged;
+(a)	were associated together in any conduct that is preparatory to the conduct which resulted in the crime for which they are charged;  or
+(b)	engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged;
-	(c)	they knowingly associated with each other for a criminal purpose;  and
+(c)	they knowingly associated with each other for a criminal purpose;  and
-	(i)	was the crime for the commission of which they associated with each other;  or
-	(ii)	was, if not the specific crime for the commission of which they associated with each other, a crime whose commission they realised was a real risk or possibility.
+(i)	was the crime for the commission of which they associated with each other;  or
+(ii)	was, if not the specific crime for the commission of which they associated with each other, a crime whose commission they realised was a real risk or possibility.
-	(a)	does not discharge the burden mentioned in subparagraph (i) or (ii) of paragraph (d) of subsection (2), his or her liability as the co-perpetrator of the crime shall not differ in any respect from the liability of the actual perpetrator, unless he or she satisfies the court that there are special circumstances peculiar to him or her or to the case (which circumstances shall be recorded by the court) why the same penalty as that imposed on the actual perpetrator should not be imposed on him or her;  or
-	(b)	discharges the burden mentioned in subparagraphs (i) and (ii) of paragraph (b) of subsection (2), he or she shall be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory.
+(a)	does not discharge the burden mentioned in subparagraph (i) or (ii) of paragraph (d) of subsection (2), his or her liability as the co-perpetrator of the crime shall not differ in any respect from the liability of the actual perpetrator, unless he or she satisfies the court that there are special circumstances peculiar to him or her or to the case (which circumstances shall be recorded by the court) why the same penalty as that imposed on the actual perpetrator should not be imposed on him or her;  or
+(b)	discharges the burden mentioned in subparagraphs (i) and (ii) of paragraph (b) of subsection (2), he or she shall be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory.
 (4)  Where there is a dispute between or among two or more accused persons referred to in subsection (1) as to the identity of the actual perpetrator (which dispute cannot be resolved by reference to the evidence that is available to the State) the burden of proving that any particular accused person did not actually perpetrate the crime shall rest with that person.
 (5)  If any of the accused persons referred to in subsection (4) fails to discharge the burden there referred to and the actual perpetrator is not identified, the accused person or persons concerned shall be liable for punishment as if he or she or each of them was the actual perpetrator.
 (6)  It shall not be necessary to prove that there was a prior conspiracy to commit the crime for the commission of which a person is associated with another person or other persons in order for a court to find that any person is liable as a co-perpetrator of any crime.
 (7)  A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.
 (8)  For the avoidance of doubt it is declared that this section may not be used to convict a co-perpetrator of murder unless he or she was present with the actual perpetrator while the victim was still alive and before a mortal wound or mortal wounds had been inflicted.
-	Liability of accomplices
+'''197	Liability of accomplices'''
 (1)  Subject to this Part, an accomplice shall be guilty of the same crime as that committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance.
 (2)  An accomplice may be found guilty of the crime committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance, even if?
-	(a)	the accomplice lacks the ability or capacity to commit the crime himself or herself;  or
-	(b)	the accomplice is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime being committed or to be committed by the perpetrator or the manner in which it is committed;  or
+(a)	the accomplice lacks the ability or capacity to commit the crime himself or herself;  or
-	(c)	the actual perpetrator is unaware of any assistance rendered by the accomplice.
+(b)	the accomplice is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime being committed or to be committed by the perpetrator or the manner in which it is committed;  or
+(c)	the actual perpetrator is unaware of any assistance rendered by the accomplice.
 (3)  Where a person does or omits to do anything which would make him or her an accomplice to the commission of a crime by another person, but for the fact that the other person is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
-	(a)	the first-mentioned person shall be liable as an accomplice in terms of subsection (1) as if the other person were an actual perpetrator;  and
-	(b)	the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he or she were charged as an actual perpetrator of the crime concerned.
+(a)	the first-mentioned person shall be liable as an accomplice in terms of subsection (1) as if the other person were an actual perpetrator;  and
-	Types of assistance to which accomplice liability applies
+(b)	the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he or she were charged as an actual perpetrator of the crime concerned.
+'''198	Types of assistance to which accomplice liability applies'''
 Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render the assister an accomplice?
-	(a)	supplying the means to commit the crime;  or
-	(b)	supplying transport to enable the actual perpetrator to reach the scene of the crime;  or
+(a)	supplying the means to commit the crime;  or
-	(c)	supplying information to enable the actual perpetrator to locate or identify his or her victim or to acquire knowledge of the place where the crime is to be committed;  or
-	(d)	making premises of which the assister is the owner or occupier available for the commission of the crime;  or
+(b)	supplying transport to enable the actual perpetrator to reach the scene of the crime;  or
-	(e)	holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required;  or
-	(f)	immobilising or incapacitating the victim of the crime to enable the crime to be committed;  or
+(c)	supplying information to enable the actual perpetrator to locate or identify his or her victim or to acquire knowledge of the place where the crime is to be committed;  or
-	(g)	carrying implements or other things by which or with the aid of which the crime is committed;  or
-	(h)	keeping watch for or guarding against intervention or discovery while the crime is being committed.
+(d)	making premises of which the assister is the owner or occupier available for the commission of the crime;  or
+(e)	holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required;  or
+(f)	immobilising or incapacitating the victim of the crime to enable the crime to be committed;  or
+(g)	carrying implements or other things by which or with the aid of which the crime is committed;  or
+(h)	keeping watch for or guarding against intervention or discovery while the crime is being committed.
 	Liability of accomplice for further crimes committed by actual perpetrator
 Where an actual perpetrator commits a crime that is different from or additional to the crime intended by the accomplice when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice shall be guilty of that different or additional crime if, when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice realised that there was a real risk or possibility that the actual perpetrator might commit the different or additional crime.
-	Withdrawal from crime by accomplice
+'''200	Withdrawal from crime by accomplice'''
 An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before the crime has been committed, the accomplice voluntarily desists from further incitement of, conspiracy with, or authorisation or assistance to the actual perpetrator and either?
-	(a)	renders wholly ineffective his or her previous incitement, conspiracy, authorisation or assistance;  or
-	(b)	gives warning of the crime to a police officer or other person with authority to prevent the commission of the crime, in sufficient time to enable the police officer or other person to prevent its commission.
+(a)	renders wholly ineffective his or her previous incitement, conspiracy, authorisation or assistance;  or
-	Accomplice liability for extra- territorial acts and crimes
+(b)	gives warning of the crime to a police officer or other person with authority to prevent the commission of the crime, in sufficient time to enable the police officer or other person to prevent its commission.
+'''201	Accomplice liability for extra- territorial acts and crimes'''
 Where a crime is committed?
-	(a)	inside Zimbabwe;  or
-	(b)	outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
+(a)	inside Zimbabwe;  or
+(b)	outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
 and any person does or omits to do anything outside Zimbabwe which, if done or omitted in Zimbabwe would render the person an accomplice to that crime, such person may be charged in Zimbabwe as an accomplice to that crime.
-	Punishment of accomplices
+'''202	Punishment of accomplices'''
 Subject to this Code and any other enactment, a person who is convicted of a crime as an accomplice shall be liable to the same punishment to which he or she would be liable had he or she been an actual perpetrator of the crime concerned.
-	Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices
+'''203	Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices'''
 (1)  Subject to this Part, any?
-	(a)	presumption that applies;  or
-	(b)	jurisdiction that may be exercised;  or
+(a)	presumption that applies;  or
-	(c)	award or order that may be made;  or
-	(d)	power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+(b)	jurisdiction that may be exercised;  or
-	(e)	power to take a deposit by way of a penalty that may be exercised;
+(c)	award or order that may be made;  or
+(d)	power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+(e)	power to take a deposit by way of a penalty that may be exercised;
 in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accomplice to the commission of the crime or suspected crime concerned.
 (2)  Subject to this Code and any other enactment, a person charged as an accomplice may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accomplice:
 Provided that a person charged as an accomplice shall be guilty of being an accomplice to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
-	Where accomplice liability is concurrent or does not apply
+'''204	Where accomplice liability is concurrent or does not apply'''
 This Part shall not affect the liability of any person?
-	(a)	in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to participation in crimes;  or
-	(b)	to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, authorisation or assistance, or of which incitement, conspiracy, authorisation or assistance is an element;
+(a)	in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to participation in crimes;  or
-	(c)	to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
-PART II
+(b)	to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, authorisation or assistance, or of which incitement, conspiracy, authorisation or assistance is an element;
-ASSISTANCE AFTER COMMISSION OF CRIMES
-	Interpretation in Part II of Chapter XIII
+(c)	to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
+'''PART II'''
+'''ASSISTANCE AFTER COMMISSION OF CRIMES'''
+'''205	Interpretation in Part II of Chapter XIII'''
 In this Part?
 "accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed.
 	Assistance after commission of crime

Difference between revisions of "Zimbabwe Criminal Code"

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