CRIMINAL PROCEDURE AND EVIDENCE ACT
(ii) aggravated indecent assault;
(iii) sexual intercourse or performing an indecent act with a young person, involving
any penetration of any part of his or her or another person's body that involves a
risk of transmission of HIV;
(iv) deliberate transmission of HIV;
[Definition inserted by s. 2 of Act No. 9 of 2006]
“statutory capital offence” …
[Definition repealed by s. 2 of Act No. 2 of 2016]
“suitably qualified nurse” means a State certified nurse, paediatric nurse, State certified
traumatology nurse or general registered nurse registered as such in terms of the Health Professions Act [Chapter 27:19] (No. 6 of 2000);
[Definition inserted by s. 2 of Act No. 9 of 2006]
“valuable security” includes any document which is the property of any person and which is
the evidence of the ownership of any property or of the right to recover or receive any property.
3 Proceedings to which Act applies
This Act shall apply to all criminal proceedings in the High Court and the Supreme Court
and in magistrates courts in respect of any offence.
4 Neither acquittal nor conviction a bar to civil action for damages
Neither a conviction nor an acquittal following on any prosecution shall be a bar to a civil
action for damages at the instance of any person who may have suffered any injury from the
commission of any alleged offence.
PART II
PROSECUTION ON BEHALF OF STATE
[Part II as substituted by s. 3 of Act No. 2 of 2016]
5 Delegation of functions by Prosecutor-General
(1) Subject to the general or specific instructions of the Prosecutor-General, the public prosecutor to whom responsibility for public prosecutions is assigned under the National Prosecuting Authority Act [Chapter 7:20] (No. 5 of 2014), shall exercise all the rights and powers and
perform all of the functions conferred upon the Prosecutor-General by section 259 of the Constitution, this Act or any other enactment, insofar as they relate to criminal proceedings.
(2) The Prosecutor-General may, when he or she deems it expedient, appoint any legal practitioner entitled to practise in Zimbabwe to exercise (subject to the general or specific instructions of the Prosecutor-General) all or any of the rights and powers or perform all or any of the
functions conferred upon the Prosecutor-General by section 259 of the Constitution, this Act or
any other enactment, whether or not they relate to criminal proceedings.
(3) The officer referred to in subsection (1) or a legal practitioner appointed in terms of subsection (2) may, subject to any conditions which the Prosecutor-General may impose—
(a) sign any certificate, authority or other document required or authorised by an enactment referred to in those subsections; and
(b) appoint a member of the National Prosecuting Authority constituted in terms of the
National Prosecuting Authority Act [Chapter 7:20] (No. 5 of 2014), or a legal practitioner entitled to practise in Zimbabwe, as the case may be, to exercise the rights and
powers or perform the functions delegated to him or her in terms of subsection (1) or
(2), and the provisions of this subsection shall apply, with such changes as may be necessary, in respect of that appointment.
6 National Director of Public Prosecutions
There shall be a National Director of Public Prosecutions appointed in terms of section 8 of
the National Prosecuting Authority Act [Chapter 7:20] (No. 5 of 2014).
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