CRIMINAL PROCEDURE AND EVIDENCE ACT Provided that this subsection shall not apply where a minimum penalty is prescribed in the enactment concerned as punishment for the offence. [Section substituted by s. 15 of Act No. 8 of 1997.] 348 Recovery of fine (1) When an offender is sentenced to pay a fine, the court passing the sentence may in its discretion issue a warrant addressed to the Sheriff or messenger of the court authorizing him to levy the amount by attachment and sale of any movable property belonging to the offender, although the sentence directs that in default of payment of the fine the offender shall be imprisoned or shall be permitted to render community service. [Subsection amended by s. 16 of Act No. 8 of 1997.] (2) The amount which may be levied in terms of subsection (1) shall be sufficient to cover, in addition to the fine, the costs and expenses of the warrant and of the attachment and sale thereunder. (3) A warrant in terms of subsection (1), if issued by the High Court, may be executed anywhere within Zimbabwe. (4) A warrant in terms of subsection (1), if issued by a magistrate, shall authorize the attachment and sale of the movable property of the offender within the local limits of such magistrate’s jurisdiction, and also without such limits when endorsed by a magistrate having jurisdiction in the place where the property is found. (5) If the proceeds of the sale of the movable property are insufficient to satisfy the amount of the fine and the costs and expenses aforesaid, the High Court may issue a warrant or, in the case of a sentence by a magistrates court, may authorize such magistrates court to issue a warrant for the levy against the immovable property of the offender of the amount unpaid. (6) Where a court issues a warrant under this section it may suspend the execution of any sentence of imprisonment imposed as an alternative to the fine and may release the offender upon his executing a bond with or without sureties as the court thinks fit, conditioned for his appearance before the court or some other court on the day appointed for the return of the warrant, such day not being more than fifteen days from the time of executing the bond, and in the event of the amount of the fine not having been recovered, the sentence of imprisonment may be carried into execution at once or may be suspended as before for a further period or further periods of not more than fifteen days, as the court thinks fit. [Subsection amended by s. 16 of Act No. 8 of 1997.] (7) In any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith, the court may require the person ordered to make such payment to enter into a bond as provided in subsection (6), and in default of his doing so, may at once pass sentence of imprisonment as if the money had not been recovered. (8) … [Subsection repealed by s. 16 of Act No. 8 of 1997.] (9) … [Subsection repealed by s. 16 of Act No. 8 of 1997.] (10) … [Subsection repealed by s. 16 of Act No. 8 of 1997.] 348A Effect of part payment of fine or part performance of community service (1) Where part only of a fine imposed on an offender has been paid or recovered by levy under section three hundred and forty-eight— (a) any period of imprisonment to be served by the offender as an alternative to the fine shall be reduced by the same proportion, as nearly as possible, as the amount so paid or recovered bears to the total amount of the fine; 129