CRIMINAL PROCEDURE AND EVIDENCE ACT
Provided that such costs must not exceed the reasonably estimated value of the article
to be returned, or the value of the compensation awarded or sale price realised under
this section, as the case may be; and
(d) shall direct the amount of the costs awarded under paragraph (c) to be deducted from
any compensation payable or sale price realised under this section.
[Subsection inserted by s. 24 of Act No. 2 of 2016]
62A Forfeiture of unlawful consideration in cases of bribery
(1) In this section, “agent” and “principal” shall have the meaning given to those terms by
section 169 of the Criminal Law Code.
(2) Where a court has convicted a person of bribery and does not exercise its powers in
terms of section 62 to declare any consideration unlawfully obtained by the convicted person to
be forfeited to the State, the court may, in addition to passing sentence give summary judgment
in favour of⎯
(a) the convicted person’s principal, where the convicted person was an agent when the
crime was committed; or
(b) in any other case, the State;
for an amount equal to the value of the consideration unlawfully received by the convicted
person, together with interest, calculated from the date on which the convicted person received
the consideration, at the highest rate permissible in terms of the Moneylending and Rates of
Interest Act [Chapter 14:14].
(3) A judgment given by a court in terms of subsection (1) shall have the same effect and
may be executed in the same manner as if the judgment had been given in a civil action instituted in the court:
[subsection amended by s. 25 of Act No. 2 of 2016]
[Section inserted by s. 282 of Act No. 23 of 2004]
63 Disposal of article concerned in offence committed outside Zimbabwe
(1) Where an article in connection with which—
(a) an offence was committed or is on reasonable grounds suspected to have been committed in a country or territory outside Zimbabwe; or
(b) there are reasonable grounds for believing that it will afford evidence as to the commission in a country or territory outside Zimbabwe of any offence or that it was used for
the purpose of or in connection with the commission of any such offence;
has been seized, the magistrate within whose area of jurisdiction the article was seized may, on
application and if satisfied that such offence is punishable in that country or territory by death
or by imprisonment for a period of twelve months or more or by a fine of level six or more,
order such article to be delivered to a member of a police force established in such country or
territory who may thereupon remove it from Zimbabwe.
[Subsection amended by s. 4 of Act No. 22 of 2001.]
(2) When the article so removed from Zimbabwe is returned to the magistrate or the magistrate refuses to order that the article be delivered as aforesaid, the article shall be returned to
the person from whose possession it was taken, unless the magistrate is authorized or required
by law to dispose of it otherwise.
63A Forfeiture and disposal of seized articles whose possession is intrinsically
unlawful
(1) If any article whose possession is intrinsically unlawful is seized by a police officer, such
police officer or his or her superior shall as soon as possible communicate to the police officer
in command of the police district within which the seized article is to be held in custody the fact
of such seizure, together with all relevant particulars concerning the article.
(2) Subject to subsection (3), the seized article whose possession is intrinsically unlawful
shall be held in custody in accordance with this section until—
(a) it is forfeited to the State by virtue of this paragraph—
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