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Law (Codification and Reform) Act [Chapter 9:23]
June 03, 2005
Effective July 01, 2006 (yes, date correct!)
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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
of commencement: To be fixed in terms of section 2(2) by statutory instrument.
Not yet in force as at 22nd June, 2005.]
1. Short title and date of commencement.
3. Roman-Dutch criminal law no longer to apply.
4. Application of Code to other enactments.
5. Territoriality of crimes.
ELEMENTS OF CRIMINAL LIABILITY
Children under seven years of age not criminally liable.
7. Criminal capacity of children between seven and fourteen years of age.
8. No presumption of criminal incapacity for persons over the age of fourteen
9. Liability for criminal conduct.
10. Criminal conduct may consist of acts or omissions.
STATES OF MIND
12. Meaning of subjective state of mind.
15. Realisation of real risk or possibility.
17. References or absence of references to states of mind in statutory
PROOF OF CRIMINAL LIABILITY
18. Degree and burden of proof in criminal cases.
CRIMES AGAINST THE STATE
in Chapter III.
21. Concealing treason.
22. Subverting constitutional government.
23. Insurgency, banditry, sabotage or terrorism.
24. Recruiting or training insurgents, bandits, saboteurs or terrorists.
25. Training as insurgent, bandit, saboteur or terrorist.
26. Supplying weaponry to insurgents, bandits, saboteurs or terrorists.
27. Possessing weaponry for insurgency, banditry, sabotage or terrorism.
28. Possession of dangerous weapons.
29. Harbouring, concealing or failing to report insurgent, bandit, saboteur
30. Causing disaffection among Police Force or Defence Forces.
31. Publishing or communicating false statements prejudicial to the State.
32. Unlawful possession or wearing of camouflage uniforms.
33. Undermining authority of or insulting President.
34. Attorney General to authorise prosecutions under Chapter III.
CRIMES AGAINST PUBLIC ORDER
in Chapter IV.
36. Public violence.
37. Participating in gathering with intent to promote public violence,
breaches of the peace or bigotry.
38. Obstructing or endangering free movement of persons or traffic.
39. Dealing in or possession of prohibited knives.
40. Possession of articles for criminal use.
41. Disorderly conduct in public place.
42. Causing offence to persons of a particular race, religion, etc.
43. Possession of offensive weapons at public gatherings.
44. Disrupting a public gathering.
46. Criminal nuisance.
CRIMES AGAINST THE PERSON
49. Culpable homicide.
50. Inciting or assisting suicide.
51. Time of commencement of life and time of death.
52. Accelerating death equivalent to causing it.
53. Causing death: guidelines.
54. Mercy killing and removal of persons from life-support systems.
55. Killing while disposing of victim’s body.
56. Error as to identity.
57. Deflected blow in homicide cases.
58. Joining in after fatal injury inflicted.
UNLAWFUL TERMINATION OF PREGNANCY
59. Interpretation in Part II of Chapter V.
60. Unlawful termination of pregnancy.
SEXUAL CRIMES AND CRIMES AGAINST MORALITY
61. Interpretation in Part III of Chapter V.
62. Presumption regarding marriage.
63. Amendment of presumption that boy under 14 incapable of sexual intercourse.
64. Competent charges in cases of unlawful sexual conduct involving young
or mentally incompetent persons.
B: Sexual Crimes
66. Aggravated indecent assault.
67. Indecent assault.
68. Unavailable defences to rape, aggravated indecent assault and indecent
69. Cases where consent absent or vitiated.
70. Sexual intercourse or performing indecent acts with young persons.
71. Sexual crimes committed against young or mentally incompetent persons
72. Prevention of conspiracy or incitement abroad to commit sexual crimes
against young or mentally incompetent persons in Zimbabwe.
75. Sexual intercourse within a prohibited degree of relationship.
76. Complicity in sexual crimes.
C: Indecent or sexual conduct harmful
to public morals or public health
77. Public indecency.
78. Deliberate infection of another with a sexually-transmitted disease.
D: Transmitting HIV deliberately or in the course
of committing sexual crimes
79. Deliberate transmission of HIV.
80. Sentence for certain crimes where accused is infected with HIV.
E: Crimes relating to prostitution or the facilitation of sexual crimes
82. Living off or facilitating prostitution.
84. Coercing or inducing persons for purpose of engaging in sexual conduct.
85. Detaining persons for purpose of engaging in unlawful sexual conduct.
86. Permitting young person to resort to place for purpose of engaging
in unlawful sexual conduct.
87. Allowing child to become a prostitute.
CRIMES INVOLVING BODILY INJURY
88. Interpretation in Part IV of Chapter V.
90. Negligently causing serious bodily harm.
91. Assault of person other than intended victim.
CRIMES INVOLVING INFRINGEMENT OF LIBERTY, DIGNITY, PRIVACY OR REPUTATION
92. Interpretation in Part V of Chapter V.
93. Kidnapping or unlawful detention.
94. Pledging of female persons.
95. Criminal insult.
96. Criminal defamation.
WITCHCRAFT, WITCH-FINDING AND CRIMES RELATED THERETO
97. Interpretation in Part VI of Chapter V.
98. Engaging in practices commonly associated with witchcraft.
99. Indicating witches and wizards.
100. Employing non-natural means to resolve crimes or delicts.
101. Belief in witchcraft to operate in mitigation and not as defence
102. Charges alternative to or concurrent with charges under Part VI of
103. Interpretation in Part VII of Chapter V.
CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS
105. Interpretation in Part VIII of Chapter V.
106. Concealing birth of child.
107. Presumptions relating to concealment of birth.
108. Exposing an infant.
CRIMES IN RELATION TO GRAVES AND CORPSES
109. Interpretation in Part IX of Chapter V.
110. Violating graves.
111. Violating corpses.
THEFT AND RELATED CRIMES
112. Interpretation in Part I of Chapter VI.
B: Theft, stock theft, unauthorised borrowing or use of property and making
off without payment
114. Stock theft.
115. When persons deemed to intend to deprive others permanently of property.
116. Unauthorised borrowing or use of property.
117. Making off without payment.
118. Mistake of fact in cases of theft, stock theft or unauthorised borrowing
or use of property.
119. Unavailable defences to charge of theft, stock theft or unauthorised
borrowing or use of property.
120. Joint ownership no defence.
121. Theft and stock theft continuing crimes.
122. Pledge-taking cases.
123. Recent possession of stolen property.
C: Receiving or possessing stolen property
124. Receiving stolen property knowing it to have been stolen.
125. Possessing property reasonably suspected of being stolen.
127. Robbery where complainant abandons control over property.
128. Defences to charge of robbery.
129. Threat of future violence.
CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND
130. Interpretation in Part II of Chapter VI.
131. Unlawfully entry into premises.
132. Criminal trespass.
133. Interpretation in Part III of Chapter VI.
FRAUD AND FORGERY
135. Interpretation in Part IV of Chapter VI.
138. Conviction for fraud, etc., where specific victim not identified.
CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY
139. Interpretation in Part V of Chapter VI.
140. Malicious damage to property.
141. Negligently causing serious damage to property.
142. Damage by co-owners, spouses and partners.
143. Aggravating circumstances in relation to malicious damage to property
or negligently causing serious damage to property.
144. Mistake of fact in relation to malicious damage to property.
Hijacking and Other Crimes Involving Aircraft
145. Interpretation in Part VI of Chapter VI.
146. Application of Part VI of Chapter VI.
148. Damaging, destroying or prejudicing the safe operation of an aircraft.
149. Assaulting, intimidating or threatening a person on an aircraft.
150. Placing or carrying dangerous goods on an aircraft.
151. Threatening harm in relation to an aircraft.
152. Falsely threatening harm in relation to an aircraft.
153. Proof of lawful reason for conduct in relation to aircraft.
154. Charges alternative to or concurrent with charges under Part VI of
CRIMES INVOLVING DANGEROUS DRUGS
in Chapter VII.
156. Unlawful dealing in dangerous drugs.
157. Unlawful possession or use of dangerous drugs.
158. Crimes under sections 156 and 157 committed outside Zimbabwe.
159. Permitting premises to be used for the unlawful dealing in or use
of dangerous drugs.
160. Concealing, disguising or enjoying the proceeds of the unlawful dealing
in dangerous drugs.
161. Persons who may lawfully possess, deal in or use dangerous drugs.
in Chapter VIII.
163. Unauthorised access to or use of computer or computer network.
164. Deliberate introduction of computer virus into computer or computer
165. Unauthorised manipulation of proposed computer programme.
166. Aggravating circumstances in relation to crimes under sections 163,
164 and 165.
167. Unauthorised use or possession of credit or debit cards.
168. Unauthorised use of password or pin-number.
BRIBERY AND CORRUPTION
in Chapter IX.
171. Corruptly using a false document.
172. Corruptly concealing a transaction from a principal.
173. Corruptly concealing from a principal a personal interest in a transaction.
174. Criminal abuse of duty as public officer.
CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION
in Chapter X.
176. Assaulting or resisting peace officer.
177. Undermining of police authority.
178. Obstruction of public official.
179. Impersonating police officer, peace officer or public official.
180. Deliberately supplying false information to public authority.
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
in Chapter XI.
182. Contempt of court.
184. Defeating or obstructing the course of justice.
185. Escaping from lawful custody.
UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT
190. Mistake of fact in relation to unfinalised crimes.
191. Extra- territorial incitement or conspiracy.
192. Punishment for incitement, conspiracy or attempt.
193. Presumptions, jurisdiction, powers and defences applicable to crimes
applicable also to unfinalised crimes.
194. Treason and any other crimes constituted by incitement, conspiracy
PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES
PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES:
CO-PERPETRATORS AND ACCOMPLICES
195. Interpretation in Part I of Chapter XIII.
196. Liability of co-perpetrators
197. Liability of accomplices.
198. Types of assistance to which accomplice liability applies.
199. Liability of accomplice for further crimes committed by actual perpetrator.
200. Withdrawal from crime by accomplice.
201. Accomplice liability for extra- territorial acts and crimes.
202. Punishment of accomplices.
203. Presumptions, jurisdiction, powers and defences applicable to actual
perpetrators applicable also to accomplices.
204. Where accomplice liability is concurrent or does not apply.
ASSISTANCE AFTER COMMISSION OF CRIMES
205. Interpretation in Part II of Chapter XIII.
206. Assistance after commission of crime.
207. Unavailable defences for accessories.
208. Types of assistance to which accessory liability applies.
209. Accessory liability for extra-territorial acts and crimes.
210. Punishment of accessories.
211. Presumptions, jurisdiction, powers and defences applicable to actual
perpetrators applicable also to accessories.
212. Where accessory liability is concurrent or does not apply.
GENERAL DEFENCES AND MITIGATING FACTORS
213. Interpretation in Chapter XIV.
214. Defences and mitigating factors not limited to those mentioned in
215. Defence to one crime not necessarily defence to other crimes.
A: Defence Relating to Voluntary Conduct
216. Involuntary conduct.
B: Defences and Mitigating Factors Relating to the Mental State
217. Interpretation in Part III of Chapter XIV.
218. Diminished responsibility to operate in mitigation not as defence
219. Interpretation in Part IV of Chapter XIV.
220. When involuntary intoxication a complete defence to crimes.
221. Intoxication no defence to crimes committed with requisite state
222. Voluntary intoxication leading to unlawful conduct.
223. Intoxication facilitating the commission of crime.
224. Voluntary intoxication leading to provocation.
225. Intoxication leading to mental disorder.
226. Interpretation in Part V of Chapter XIV.
227. Mental disorder at time of commission of crime.
228. Mental disorder at time of trial.
229. Application of Cap. 15:12.
230. When child between seven and fourteen years may be held criminally
231. Attorney-General to authorise prosecutions of children under fourteen
MISTAKE OR IGNORANCE OF FACT
232. Interpretation in Part VII of Chapter XIV.
233. When mistake or ignorance of fact a defence to subjective crimes.
234. When mistake or ignorance of fact a defence to objective crimes.
MISTAKE OR IGNORANCE OF LAW
235. Interpretation in Part VIII of Chapter XIV.
236. When mistake or ignorance of law a defence.
237. Claims of right and mistakes of mixed law and fact.
238. Provocation in relation to crimes other than murder.
239. When provocation a partial defence to murder.
C: Defences and Mitigating Factors Relating to Unlawfulness
240. Public authority.
241. Discipline of children.
242. Purported corporal punishment of spouses unlawful.
243. Requirements for compulsion to be complete defence.
244. Additional requirements for compulsion to be complete defence to
245. Requirements for consent to be complete defence.
246. When consent no defence.
247. Consent to medical treatment for therapeutic purposes.
248. Consent to medical treatment for non-therapeutic purposes.
249. Consent to sporting injuries.
250. Consent to injuries from customary or religious practices.
251. Consent given on behalf of other persons.
DEFENCE OF PERSON
252. Interpretation in Part XIII of Chapter XIV.
253. Requirements for defence of person to be complete defence.
254. When defence of person partial defence to murder.
255. Mistaken belief in relation to defence of person.
DEFENCE OF PROPERTY
256. Interpretation in Part XIV of Chapter XIV.
257. Requirements for defence of property to be complete defence.
258. Killing in defence of property.
259. When defence of property partial defence to murder.
260. Entrapment no defence to crimes.
261. Requirements for impossibility to be complete defence.
262. Application Part XVII of Chapter XIV.
263. Requirements for necessity to be complete defence.
264. Additional requirements for necessity to be complete defence to murder.
265. When necessity partial defence to murder.
266. Necessity in relation to other crimes.
OBEDIENCE TO ORDERS
267. Interpretation in Part XVIII of Chapter XIV.
268. Requirements for obedience to lawful orders to be complete defence.
269. When obedience to illegal orders affords complete defence.
270. Person charged with trivial crime entitled to acquittal.
271. Interpretation in Part XX of Chapter XIV.
272. Requirements for unavoidable accident to be complete defence.
273. Persons charged
with crime may be found guilty of unfinalised crime or assisting perpetrator
274. Conviction for crime other than that charged.
275. Verdicts permissible on particular charges.
276. Sentence imposable where person found guilty on competent verdict.
277. Criminal liability
of corporations and associations and their members, employees and agents.
278. Relation of criminal to civil or disciplinary proceedings.
279. Concurrent and alternative charges.
280. Standard scale of fines and amendment thereof.
281. References in enactments to common law crimes.
282. Amendment of Acts.
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.
SIXTH SCHEDULE: Amendment of Various Acts.
SEVENTH SCHEDULE: Repealed Acts.
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