“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
P ROSECUTION AT P UBLIC INSTANCE
A. Attorney-General
5 Criminal proceedings in name of State
Any criminal proceedings purporting to be instituted in the name of the State shall for all purposes be deemed
to be instituted in the name of Zimbabwe.
6 Delegation of functions of Attorney-General
(1) The Attorney-General may, when he deems it expedient, appoint any legal practitioner entitled to practise
in Zimbabwe to exercise all or any of the rights and powers or perform all or any of the functions conferred upon
him by subsection (5) of section 76 of the Constitution, this Act or any other enactment, whether or not they relate
to criminal proceedings.
(2) A legal practitioner appointed in terms of subsection (1) may, subject to any conditions which the Atto rney-General may impose—
(a) sign any certificate, authority or other document required or authorized by an enactment referred to in
that subsection; and
(b) appoint a legal practitioner entitled to practise in Zimbabwe to exercise the rights and powers or perform
the functions delegated to him in terms of subsection (1) and the provisions of this subsection shall apply, mutatis mutandis, in respect of that appointment.
7 Director of Public Prosecutions
There shall be a Director of Public Prosecutions whose office shall be a public office and shall form part of
the Public Service.
8 Presiding officer may appoint prosecutor in certain cases
If for any reason the person appointed in terms of section six to conduct a prosecution is unable to act or if no
person has been so appointed, the officer presiding over the court or examination shall, by writing under his hand,
designate some fit and proper person for that occasion to prosecute or, as the case may be, to appear.
[Section amended by section 32 of Act 9 of 2006.]
9
Attorney-General’s power of stopping prosecutions
The Attorney-General may, at any time before conviction, stop any prosecution commenced by him or by any
other person charged with the prosecution of criminal cases but, if the accused has already pleaded to any charge,
he shall be entitled to a verdict of acquittal in respect of that charge.
9A Prosecutions for contempt of court proceedings
(1) A court or tribunal may, on its own motion, institute proceedings for contempt of court against any person
who is alleged to have impaired its dignity, reputation or authority in the presence of the court or tribunal.
(2) No court, tribunal or person, other than the Attorney-General or someone acting on the express authority
of the Attorney-General, shall institute or continue any proceedings for contempt of court against anyone who is
alleged to have impaired the dignity, reputation or authority of a court or tribunal in circumstances other than
those referred to in subsection (1).
(3) Nothing in this section shall affect the institution of proceedings for contempt of court against any person
for the purpose of enforcing any order of a court or tribunal.
[Section inserted by section 14 of Act 14 of 2002.]
10 Power of ordering liberation of persons committed for further examination, sentence or trial
The Attorney-General may order the liberation of any person committed to prison for further examination,
sentence or trial and for that liberation a document setting forth that the Attorney-General sees no grounds for
prosecuting such person and signed by him shall be a sufficient warrant.