CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
(2) If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
(3) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he
understands and in detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself in person or, save in proceedings
before a local court, at his own expense by a legal representative of his own
choice;
(e) shall be afforded facilities to examine in person or, save in proceedings
before a local court, by his legal representative the witnesses called by the
prosecution before the court and to obtain the attendance and carry out the
examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to witnesses called by the prosecution;
and
(f) shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial of the charge;
and, except with his own consent, the trial shall not take place in his absence unless
he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to
proceed in his absence.
(4) When a person is tried for any criminal offence, the accused person or any
person authorized by him in that behalf shall, if he so requires and subject to payment
of such reasonable fee as may be prescribed by law, be given within a reasonable time
after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(5) No person shall be held to be guilty of a criminal offence on account of any
act or omission that did not, at the time it took place, constitute such an offence, and
no penalty shall be imposed for any criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that offence
at the time when it was committed.
(6) No person who shows that he has been tried by a competent court for a criminal offence upon a good indictment, summons or charge upon which a valid judgment could be entered and either convicted or acquitted shall again be tried for that
offence or for any other criminal offence of which he could have been convicted at
the trial for that offence, save—
(a) where a conviction and sentence of the High Court or of a court subordinate
to the High Court are set aside on appeal or review on the ground that evidence was admitted which should not have been admitted or that evidence
was rejected which should have been admitted or on the ground of any other irregularity or defect in the procedure; or
[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
Consolidation
23
1st October, 2005
Select target paragraph3
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