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.
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;
the first-mentioned person in paragraph (a) or (b) may be charged with incitement in Zimbabwe, and the first
mentioned or other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with
conspiracy to commit the crime concerned, as the case may be.
[Subsection amended by section 31 of Act 9 of 2006.]
(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.
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.
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
(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.
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 A SSISTANCE IN THE C OMMISSION OF C RIMES
PART I
P ARTICIPATION OR ASSISTANCE BEFORE OR DURING C OMMISSION OF CRIMES : CO-P ERPETRATORS 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
Select target paragraph3
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