Difference between revisions of "Zimbabwe Criminal Defense Manual - Criminal Law Code"

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(Created page with 'The Criminal Law (Codification and Reform) Act brings together in one single statute all the major aspects of the Criminal Law. It codifies all the major aspects of the common la�')
 
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Some of the important changes to the existing law are these:
 
Some of the important changes to the existing law are these:
  
* Culpable homicide (s 49)
+
* '''Culpable homicide (s 49)'''
  
  
  
* Inciting or assisting suicide (s 50)
+
*''' Inciting or assisting suicide (s 50)'''
  
 
A new crime has been created which consists of inciting another to commit suicide or assisting a person to commit suicide.
 
A new crime has been created which consists of inciting another to commit suicide or assisting a person to commit suicide.
  
* Rape (s 65)
+
* '''Rape (s 65)'''
  
 
The crime has been extended to cover a situation where a male has non-consensual anal intercourse with a female.
 
The crime has been extended to cover a situation where a male has non-consensual anal intercourse with a female.
  
* Aggravated indecent assault (s 66)
+
* '''Aggravated indecent assault (s 66)'''
  
 
This new crime covers cases where a male or female commits an indecent assault involving non-consensual penetration with indecent intent.
 
This new crime covers cases where a male or female commits an indecent assault involving non-consensual penetration with indecent intent.
  
* Sodomy (s 73)
+
* '''Sodomy (s 73)'''
  
 
This crime now includes acts of physical contact between males that would be regarded by a reasonable person as an indecent act.
 
This crime now includes acts of physical contact between males that would be regarded by a reasonable person as an indecent act.
  
* Incest (s 75)
+
* '''Incest (s 75)'''
  
 
The crime now incorporates customary law notions of incest.
 
The crime now incorporates customary law notions of incest.
  
* Assault (s 89)
+
* '''Assault (s 89)'''
  
 
There is no longer a distinction between common assault and assault with intent to do grievous bodily harm with seriousness only affecting sentence. Administration of noxious substances is now treated as a species of assault.
 
There is no longer a distinction between common assault and assault with intent to do grievous bodily harm with seriousness only affecting sentence. Administration of noxious substances is now treated as a species of assault.
  
* Negligent assault (s 90)
+
* '''Negligent assault (s 90)'''
  
 
This new crime covers situations were harm has been negligently inflicted.
 
This new crime covers situations were harm has been negligently inflicted.
  
* Pledging a female person (s 94)
+
* '''Pledging a female person (s 94)'''
  
 
This crime now prohibits the customary practice of handing over a female person to settle a debt.
 
This crime now prohibits the customary practice of handing over a female person to settle a debt.
  
* Witchcraft and witch finding (ss 97 162)
+
* '''Witchcraft and witch finding (ss 97 162)'''
  
 
The Code recognises the distinction between witchcraft and witch finding. Witch finding is only criminalised in certain circumstances where this practice socially disruptive or result in an injustice.
 
The Code recognises the distinction between witchcraft and witch finding. Witch finding is only criminalised in certain circumstances where this practice socially disruptive or result in an injustice.
  
* Unauthorised borrowing (s 116)
+
* '''Unauthorised borrowing (s 116)'''
  
 
This new crime outlaws the borrowing or use of someone's  property without their authorisation.
 
This new crime outlaws the borrowing or use of someone's  property without their authorisation.
  
* Making off without payment (s 117)
+
* '''Making off without payment (s 117)'''
  
 
This new crime covers situations where services rather than goods are stolen. It also covers situations were there has been consumption of goods but payment has been refused.
 
This new crime covers situations where services rather than goods are stolen. It also covers situations were there has been consumption of goods but payment has been refused.
  
* Computer related crimes (ss 162 - 168)
+
*''' Computer related crimes (ss 162 - 168)'''
  
  
  
* Threatening to commit specified crimes (s 184)
+
* '''Threatening to commit specified crimes (s 184)'''
  
 
This covers the new crime of threatening to commit a serious crime, such as threatening to murder or rape
 
This covers the new crime of threatening to commit a serious crime, such as threatening to murder or rape
  
* Malicious damage to property (s 140)
+
* '''Malicious damage to property (s 140)'''
  
 
The common law crimes of arson and malicious injury to property have been merged.
 
The common law crimes of arson and malicious injury to property have been merged.
  
* Unlawful entry into premises (s 131 )
+
* '''Unlawful entry into premises (s 131 )'''
  
 
This crime reformulates this crime to do away with the artificial requirements of this offence.
 
This crime reformulates this crime to do away with the artificial requirements of this offence.
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There are a number of other new crimes:
 
There are a number of other new crimes:
  
* Corruptly concealing from principal a personal interest in a transaction (s 173)
+
* '''Corruptly concealing from principal a personal interest in a transaction (s 173)'''
  
* Obstructing a Public official (s 178)
+
* '''Obstructing a Public official (s 178)'''
  
* Impersonating a police officer, peace officer or public official (s 179)
+
* '''Impersonating a police officer, peace officer or public official (s 179)'''
  
* Deliberately supplying false information to a public authority (s 180)
+
* '''Deliberately supplying false information to a public authority (s 180)'''
  
* Negligently causing serious damage to property (s 141)
+
* '''Negligently causing serious damage to property (s 141)'''
  
  

Revision as of 14:03, 13 April 2010