(d) a local court constituted in terms of the Customary Law and Local Courts Act [Chapter 7:05];
or
(e) any other court or tribunal;
whichever is hearing or has jurisdiction to hear the matter concerned;
“crime” means any conduct punishable by this Code or as a criminal offence in any other enactment;
“fixed date” means the date fixed in terms of subsection (3) of section one as the date of commencement of
this Code;
“intend”, when used in relation to any crime or conduct, means that intention is an essential element of that
crime or conduct as provided in section thirteen;
“judicial officer” means a judge, president, magistrate, presiding officer or other person presiding over a
court or tribunal;
“know”, when used in relation to any crime or conduct, means that knowledge of the relevant fact or
circumstance is an essential element of that crime or conduct as provided in section fourteen;
“level”, when used in relation to a fine, means the appropriate level on the standard scale;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Code;
“marriage” means a marriage solemnised under the Marriage Act [Chapter 5:11] or the Customary
Marriages Act [Chapter 5:07], or an unregistered customary law marriage, and the words “husband”,
“spouse” and “wife” shall be construed accordingly;
“person”, in relation to a person against whose property or other interests a crime is committed, includes the
State;
“police” means the Police Force or a police officer;
“police officer” includes a Police Constabulary member or a special constable as defined in section 2 of the
Police Act [Chapter 11:10];
“realise”, when used in connection with the existence or otherwise of a real risk or possibility in relation to
any crime or conduct, means that realisation of a real risk or possibility is an essential element of that
crime or conduct, as provided in section fifteen;
“standard scale” means the standard scale of fines referred to in section two hundred and eighty and the First
Schedule;
“unregistered customary law marriage” means a marriage celebrated according to customary law but not
solemnised in terms of the Customary Marriages Act [Chapter 5:07].
(2) A reference in this Code or any other enactment to any of the crimes mentioned in the first column of the
Second Schedule shall be construed as referring to those crimes as defined in the provisions of this Code
mentioned opposite thereto in the second column.
(3) Where the determination of the age of a person is relevant for the purposes of this Code, a person shall be
deemed to have attained a specified age on the commencement of the relevant anniversary of the day of his or her
birth.
3 Roman-Dutch criminal law no longer to apply
(1) The non-statutory Roman-Dutch criminal law in force in the Colony of the Cape of Good Hope on the
10th June, 1891, as subsequently modified in Zimbabwe, shall no longer apply within Zimbabwe to the extent that
this Code expressly or impliedly enacts, re-enacts, amends, modifies or repeals that law.
(2) Subsection (1) shall not prevent a court, when interpreting any provision of this Code, from obtaining
guidance from judicial decisions and legal writings on relevant aspects of
(a) the criminal law referred to in subsection (1); or
(b) the criminal law that is or was in force in any country other than Zimbabwe.
4 Application of Code to other enactments
(1) Subject to subsection (2), nothing in this Code shall affect the liability, trial and punishment of any person
for a crime in terms of any other enactment.
(2) Unless otherwise expressly provided in the enactment concerned, section five and Chapters II and XII to
XVI of this Code shall apply to the determination o f criminal liability of a person in terms of any other enactment.
5 Territoriality of crimes
(1) A person may be tried, convicted and punished for a crime, whether in terms of this Code or any other
enactment, where the crime or an essential element of the crime was
(a) committed wholly inside Zimbabwe; or
(b) committed partly outside Zimbabwe, if the conduct that completed the crime took place inside
Zimbabwe; or
(c) committed wholly or partly outside Zimbabwe, if the crime
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