• Version
  • Download
  • File Size 1.15 MB
  • File Count
  • Create Date July 24, 2020
  • Last Updated July 26, 2020

Chapter 9:23

Criminal Law (Codification And Reform) Act

 

Act 23/2004, 6/2005 (s. 11), 9/2006 (s. 31), 3/2009. SI 30A/2007, 134/2007, 51A/2008, 109/2008

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY Section

  1. Short title.
  2. Roman-Dutch criminal law no longer to apply.
  3. Application of Code to other enactments.
  4. Territoriality of crimes.

CHAPTER II

ELEMENTS OF CRIMINAL LIABILITY

PART I

CRIMINAL CAPACITY

  1. Children under seven years of age not criminally liable.
  2. Criminal capacity of children between seven and fourteen years of age.
  3. No presumption of criminal incapacity for persons over the age of fourteen years.

PART II

CRIMINAL CONDUCT

  1. Liability for criminal conduct.
  2. Criminal conduct may consist of acts or omissions.

PART III

STATES OFMIND

  1. Meaning of subjective state of mind.
  2. Realisation of real risk or possibility.
  3. References or absence of references to states of mind in statutory crimes.

PART IV

PROOF OF CRIMINAL LIABILITY 18. Degree and burden of proof in criminal cases. CHAPTER III

CRIMES AGAINST THE STATE

  1. Interpretation in Chapter III.
  2. Concealing treason.
  3. Subverting constitutional government.
  4. Insurgency, banditry, sabotage or terrorism.
  5. Recruiting or training insurgents, bandits, saboteurs or terrorists.
  6. Training as insurgent, bandit, saboteur or terrorist.
  7. Supplying weaponry to insurgents, bandits, saboteurs or terrorists.
  8. Possessing weaponry for insurgency, banditry, sabotage or terrorism.
  9. Possession of dangerous weapons.
  10. Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist.
  11. Causing disaffection among Police Force or Defence Forces.
  12. Publishing or communicating false statements prejudicial to the State.
  13. Unlawful possession or wearing of camouflage uniforms.
  14. Undermining authority of or insulting President.

                        34.   Attorney General to authorise prosecutions under Chapter III.

CHAPTER IV

CRIMES AGAINSTPUBLIC ORDER

  1. Interpretation in Chapter IV.
  2. Public violence.
  3. Participating in gathering with intent to promote public violence, breaches of the peace or bigotry.
  4. Obstructing or endangering free movement of persons or traffic.
  5. Dealing in or possession of prohibited knives.
  6. Possession of articles for criminal use.
  7. Disorderly conduct in public place.
  8. Causing offence to persons of a particular race, religion, etc.
  9. Possession of offensive weapons at public gatherings.
  10. Disrupting a public gathering.
  11. Criminal nuisance.

CHAPTER V

CRIMES AGAINST THEPERSON

PART I

HOMICIDE

  1. Culpable homicide.
  2. Inciting or assisting suicide.
  3. Time of commencement of life and time of death.
  4. Accelerating death equivalent to causing it.
  5. Causing death: guidelines.
  6. Mercy killing and removal of persons from life-support systems.
  7. Killing while disposing of victim’s body.
  8. Error as to identity.
  9. Deflected blow in homicide cases.
  10. Joining in after fatal injury inflicted.

PART II

UNLAWFUL TERMINATION OF PREGNANCY

  1. Interpretation in Part II of Chapter V.
  2. Unlawful termination of pregnancy.

PARTIII

SEXUAL CRIMES AND CRIMES AGAINST MORALITY

Division A: Preliminary

  1. Interpretation in Part III of Chapter V.
  2. Presumption regarding marriage.
  3. Amendment of presumption that boy under 14 incapable of sexual intercourse.
  4. Competent charges in cases of unlawful sexual conduct involving young or mentally incompetent persons.

Division B: Sexual Crimes

  1. Aggravated indecent assault.
  2. Indecent assault.
  3. Unavailable defences to rape, aggravated indecent assault and indecent assault.
  4. Cases where consent absent or vitiated.
  5. Sexual intercourse or performing indecent acts with young persons.
  6. Sexual crimes committed against young or mentally incompetent persons outside Zimbabwe.
  7. Prevention of conspiracy or incitement abroad to commit sexual crimes against young or mentally incompetent persons in Zimbabwe.
  8. Sexual intercourse within a prohibited degree of relationship.
  9. Complicity in sexual crimes.

Division C: Indecent or sexual conduct harmful to public morals or public health

  1. Public indecency.
  2. Deliberate infection of another with a sexually-transmitted disease.

Division D: Transmitting HIV deliberately or in the course of committing sexual crimes

  1. Deliberate transmission of HIV.
  2. Sentence for certain crimes where accused is infected with HIV.

Division E: Crimes relating to prostitution or the facilitation of sexual crimes

  1. Living off or facilitating prostitution.
  2. Coercing or inducing persons for purpose of engaging in sexual conduct.
  3. Detaining persons for purpose of engaging in unlawful sexual conduct.
  4. Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct.
  5. Allowing child to become a prostitute.

PART IV

CRIMES INVOLVING BODILYINJURY

  1. Interpretation in Part IV of Chapter V.
  2. Negligently causing serious bodily harm.
  3. Assault of person other than intended victim.

PART V

CRIMES INVOLVING INFRINGEMENT OF LIBERTY, DIGNITY, PRIVACY OR REPUTATION

  1. Interpretation in Part V of Chapter V.
  2. Kidnapping or unlawful detention.
  3. Pledging of female persons.
  4. Criminal insult.
  5. Criminal defamation.

PART VI

WITCHCRAFT, WITCH-FINDING ANDCRIMES RELATED THERETO

  1. Interpretation in Part VI of Chapter V.
  2. Engaging in practices commonly associated with witchcraft.
  3. Indicating witches and wizards.
  4. Employing non-natural means to resolve crimes or delicts.
  5. Belief in witchcraft to operate in mitigation and not as defence to crimes.
  6. Charges alternative to or concurrent with charges under Part VI of Chapter V.

PART VII

BIGAMY

  1. Interpretation in Part VII of Chapter V.

PART VIII

CONCEALMENT OFBIRTHS AND EXPOSURE OF INFANTS

  1. Interpretation in Part VIII of Chapter V.
  2. Concealing birth of child.
  3. Presumptions relating to concealment of birth.
  4. Exposing an infant.

PART IX

CRIMES IN RELATION TO GRAVES AND CORPSES

  1. Interpretation in Part IX of Chapter V.
  2. Violating graves.
  3. Violating corpses.

CHAPTER VI

PROPERTYCRIMES

PART I

THEFT AND RELATED CRIMES

Division A: Preliminary 112.    Interpretation in Part I of Chapter VI.

Division B: Theft, stock theft, unauthorised borrowing or use of property and making off without payment 113. Theft.

  1. Stock theft.
  2. When persons deemed to intend to deprive others permanently of property.
  3. Unauthorised borrowing or use of property.
  4. Making off without payment.
  5. Mistake of fact in cases of theft, stock theft or unauthorised borrowing or use of property.
  6. Unavailable defences to charge of theft, stock theft or unauthorised borrowing or use of property.
  7. Joint ownership no defence.
  8. Theft and stock theft continuing crimes.
  9. Pledge-taking cases.
  10. Recent possession of stolen property.

Division C: Receiving or possessing stolen property 124.         Receiving stolen property knowing it to have been stolen.

  1. Possessing property reasonably suspected of being stolen.

Division D: Robbery 126. Robbery.

  1. Robbery where complainant abandons control over property.
  2. Defences to charge of robbery.
  3. Threat of future violence.

PART II

CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND

  1. Interpretation in Part II of Chapter VI.
  2. Unlawfully entry into premises.
  3. Criminal trespass.

PART III

EXTORTION

  1. Interpretation in Part III of Chapter VI.

PART IV

FRAUD ANDFORGERY

  1. Interpretation in Part IV of Chapter VI.
  2. Conviction for fraud, etc., where specific victim not identified.

PART V

CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY

  1. Interpretation in Part V of Chapter VI.
  2. Malicious damage to property.
  3. Negligently causing serious damage to property.
  4. Damage by co-owners, spouses and partners.
  5. Aggravating circumstances in relation to malicious damage to property or negligently causing serious damage to property.
  6. Mistake of fact in relation to malicious damage to property.

PART VI

HIJACKING AND OTHER CRIMES INVOLVINGAIRCRAFT

  1. Interpretation in Part VI of Chapter VI.
  2. Application of Part VI of Chapter VI.
  3. Damaging, destroying or prejudicing the safe operation of an aircraft.
  4. Assaulting, intimidating or threatening a person on an aircraft.
  5. Placing or carrying dangerous goods on an aircraft.
  6. Threatening harm in relation to an aircraft.
  7. Falsely threatening harm in relation to an aircraft.
  8. Proof of lawful reason for conduct in relation to aircraft.
  9. Charges alternative to or concurrent with charges under Part VI of Chapter VI.

CHAPTER VII

CRIMES INVOLVING DANGEROUS DRUGS

  1. Interpretation in Chapter VII.
  2. Unlawful dealing in dangerous drugs.
  3. Unlawful possession or use of dangerous drugs.
  4. Crimes under sections 156 and 157 committed outside Zimbabwe.
  5. Permitting premises to be used for the unlawful dealing in or use of dangerous drugs.
  6. Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs.
  7. Persons who may lawfully possess, deal in or use dangerous drugs. CHAPTER VIII

COMPUTER-RELATED CRIMES

  1. Interpretation in Chapter VIII.
  2. Unauthorised access to or use of computer or computer network.
  3. Deliberate introduction of computer virus into computer or computer network.
  4. Unauthorised manipulation of proposed computer programme.
  5. Aggravating circumstances in relation to crimes under sections 163, 164 and 165.
  6. Unauthorised use or possession of credit or debit cards. 168. Unauthorised use of password or pin-number.

CHAPTER IX

BRIBERY AND CORRUPTION

  1. Interpretation in Chapter IX.
  2. Corruptly using a false document.
  3. Corruptly concealing a transaction from a principal.
  4. Corruptly concealing from a principal a personal interest in a transaction.
  5. Criminal abuse of duty as public officer.

CHAPTER X

CRIMES AGAINST LAW ENFORCEMENT AND PUBLICADMINISTRATION

  1. Interpretation in Chapter X.
  2. Assaulting or resisting peace officer.
  3. Undermining of police authority.
  4. Obstruction of public official.
  5. Impersonating police officer, peace officer or public official. 180. Deliberately supplying false information to public authority.

CHAPTER XI

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

  1. Interpretation in Chapter XI.
  2. Contempt of court.
  3. Defeating or obstructing the course of justice.
  4. Escaping from lawful custody.

CHAPTER XII

UNFINALISED CRIMES : THREATS, INCITEMENT,CONSPIRACY AND ATTEMPT

  1. Mistake of fact in relation to unfinalised crimes.
  2. Extra- territorial incitement or conspiracy.
  3. Punishment for incitement, conspiracy or attempt.
  4. Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes.
  5. Treason and any other crimes constituted by incitement, conspiracy or attempt.

CHAPTER XIII

PARTICIPATION OR ASSISTANCE IN THECOMMISSION OF CRIMES

PART I

PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS ANDACCOMPLICES

  1. Interpretation in Part I of Chapter XIII.
  2. Liability of co-perpetrators 197. Liability of accomplices.
  3. Types of assistance to which accomplice liability applies.
  4. Liability of accomplice for further crimes committed by actual perpetrator.
  5. Withdrawal from crime by accomplice.
  6. Accomplice liability for extra- territorial acts and crimes.
  7. Punishment of accomplices.
  8. Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices.
  9. Where accomplice liability is concurrent or does not apply. PART II

ASSISTANCE AFTER COMMISSION OFCRIMES

  1. Interpretation in Part II of Chapter XIII.
  2. Assistance after commission of crime.
  3. Unavailable defences for accessories.
  4. Types of assistance to which accessory liability applies.
  5. Accessory liability for extra-territorial acts and crimes.
  6. Punishment of accessories.
  7. Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories.
  8. Where accessory liability is concurrent or does not apply.

CHAPTER XIV

GENERALDEFENCES AND MITIGATING FACTORS

PART I

PRELIMINARY

  1. Interpretation in Chapter XIV.
  2. Defences and mitigating factors not limited to those mentioned in Chapter XIV. 215. Defence to one crime not necessarily defence to other crimes.

Division A: Defence Relating to Voluntary Conduct

PART II

AUTOMATISM 216. Involuntary conduct.

Division B: Defences and Mitigating Factors Relating to the Mental State

PART III

DIMINISHED RESPONSIBILITY

  1. Interpretation in Part III of Chapter XIV.
  2. Diminished responsibility to operate in mitigation not as defence

PART IV

INTOXICATION

  1. Interpretation in Part IV of Chapter XIV.
  2. When involuntary intoxication a complete defence to crimes.
  3. Intoxication no defence to crimes committed with requisite state of mind.
  4. Voluntary intoxication leading to unlawful conduct.
  5. Intoxication facilitating the commission of crime.
  6. Voluntary intoxication leading to provocation.
  7. Intoxication leading to mental disorder.

PART V

MENTALDISORDER

  1. Interpretation in Part V of Chapter XIV.
  2. Mental disorder at time of commission of crime.
  3. Mental disorder at time of trial.
  4. Application of Cap. 15:12.

PART VI

MINORITY

  1. When child between seven and fourteen years may be held criminally liable. 231. Attorney-General to authorise prosecutions of children under fourteen years.

PART VII

MISTAKE OR IGNORANCE OF FACT

  1. Interpretation in Part VII of Chapter XIV.
  2. When mistake or ignorance of fact a defence to subjective crimes.
  3. When mistake or ignorance of fact a defence to objective crimes.

PART VIII

MISTAKE OR IGNORANCE OF LAW

  1. Interpretation in Part VIII of Chapter XIV.
  2. When mistake or ignorance of law a defence.
  3. Claims of right and mistakes of mixed law and fact.

PART IX

PROVOCATION

  1. Provocation in relation to crimes other than murder. 239. When provocation a partial defence to murder.

Division C: Defences and Mitigating Factors Relating to Unlawfulness

PART X

AUTHORITY

  1. Public authority.
  2. Discipline of children.
  3. Purported corporal punishment of spouses unlawful.

PART XI

COMPULSION

  1. Requirements for compulsion to be complete defence.
  2. Additional requirements for compulsion to be complete defence to murder.

PART XII

CONSENT

  1. Requirements for consent to be complete defence.
  2. When consent no defence.
  3. Consent to medical treatment for therapeutic purposes.
  4. Consent to medical treatment for non-therapeutic purposes.
  5. Consent to sporting injuries.
  6. Consent to injuries from customary or religious practices. 251. Consent given on behalf of other persons. PART XIII

DEFENCE OF PERSON 252. Interpretation in Part XIII of Chapter XIV.

  1. Requirements for defence of person to be complete defence.
  2. When defence of person partial defence to murder.
  3. Mistaken belief in relation to defence of person.

PART XIV

DEFENCE OF PROPERTY

  1. Interpretation in Part XIV of Chapter XIV.
  2. Requirements for defence of property to be complete defence.
  3. Killing in defence of property.
  4. When defence of property partial defence to murder.

PART XV

ENTRAPMENT 260.  Entrapment no defence to crimes.

PART XVI

IMPOSSIBILITY 261.Requirements for impossibility to be complete defence.

PART XVII

NECESSITY

  1. Application Part XVII of Chapter XIV.
  2. Requirements for necessity to be complete defence.
  3. Additional requirements for necessity to be complete defence to murder.
  4. When necessity partial defence to murder.
  5. Necessity in relation to other crimes.

PART XVIII

OBEDIENCE TO ORDERS

  1. Interpretation in Part XVIII of Chapter XIV.
  2. Requirements for obedience to lawful orders to be complete defence.
  3. When obedience to illegal orders affords complete defence.

PART XIX

TRIVIALITIES 270.  Person charged with trivial crime entitled to acquittal.

PART XX

UNAVOIDABLE ACCIDENT

  1. Interpretation in Part XX of Chapter XIV.
  2. Requirements for unavoidable accident to be complete defence.

CHAPTER XV

PERMISSIBLEVERDICTS

  1. Persons charged with crime may be found guilty of unfinalised crime or assisting perpetrator of crime.
  2. Conviction for crime other than that charged.
  3. Verdicts permissible on particular charges.
  4. Sentence imposable where person found guilty on competent verdict.

CHAPTER XVI

GENERAL

  1. Criminal liability of corporations and associations and their members, employees and agents.
  2. Relation of criminal to civil or disciplinary proceedings.
  3. Concurrent and alternative charges.
  4. Standard scale of fines and amendment thereof.
  5. References in enactments to common law crimes.
  6. Amendment of Acts.
  7. 284. Savings.

SCHEDULES

First Schedule: Standard Scale of Fines.

Second Schedule: Correspondence of References to Crimes in Code or other Enactments to Provisions of Code Defining such Crimes

Third Schedule: Acts Constituting Criminal Nuisance.

Fourth Schedule: Permissible Verdicts.

Fifth Schedule: Correspondence of Common Law Crimes with Codified Crimes.

AN ACT to consolidate and amend the criminal law of Zimbabwe; to amend the Interpretation Act

[Chapter 1:01], the Burial and Cremation Act [Chapter 5:03], the Customary Marriages Act [Chapter

5:07], the Marriage Act [Chapter 5:11], the Magistrates Court Act [Chapter 7:10], and the Prisons Act

[Chapter 7:11]; to repeal the Aircraft (Offences) Act [Chapter 9:01] and the Concealment of Birth Act

[Chapter 9:04]; to amend the Criminal Procedure and Evidence Act [Chapter 9:07]; to repeal

Infanticide Act [Chapter 9:12] and the Miscellaneous Offences Act [Chapter 9:15]; to amend the

Prevention of Corruption Act [Chapter 9:16], and the Stock Theft Act [Chapter 9:18]; to repeal the

Witchcraft Suppression Act [Chapter 9:19] and the Sexual Offences Act [Chapter 9:21]; to amend the Anti-Corruption Commission Act [Chapter 9:22], the Public Order and Security Act [Chapter 11:17], the Police Act [Chapter 11:10], the Inland Waters Shipping Act [Chapter 13:06], the Tourism Act [Chapter 14:20], the Dangerous Drugs Act [Chapter 15:02], to amend the Medicines and Allied Substances Control Act [Chapter 15:03]; the Public Health Act [Chapter 15:09], the Termination of Pregnancy Act [Chapter 15:10], the Housing and Building Act [Chapter 22:07] and the Mental Health Act, 1996; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement : Definition of “level” and “standard scale” in section 2, section 280 and First Schedule – 3rd February,

2006

Remainder of Act- 1st July, 2006].

Leave a Reply

Your email address will not be published. Required fields are marked *