Money Laundering and Proceeds of Crime Act Act No. 4/2013 (3) Where the court is satisfied, on a balance of probabilities, that property is tainted property or terrorist property in relation to a serious offence for which the defendant has been convicted, the court shall order that it be confiscated. (4) In considering whether to issue a confiscation order, the court may have regard to— (a) the rights and interests of third parties in the property; and (b) the gravity of the offence concerned; and (c) any extraordinary hardship, beyond that which might ordinarily be expected to flow from the operation of this section, that may reasonably be expected to be caused to any person by the operation of the order; and (d) the use that is ordinarily made of the property, or the use to which the property was intended to be put. (5) In determining whether property is an instrumentality of the offence for which the defendant is convicted, the court, unless satisfied to the contrary, may infer that the property is such an instrumentality if it was in the defendant's possession at the time of or immediately after the commission of the offence. (6) In determining whether property is proceeds of such an offence, unless satisfied to the contrary, the court may infer that the property was derived, obtained or realised as a result of or in connection with the commission of the offence, if it was acquired or possessed by the defendant, during or within a reasonable time after the period of the commission of the offence. (7) Where the court orders the confiscation of property other than money, the court shall specify in the order the amount that it considers to be the value of the property at the time of its order. (8) Where the court makes a confiscation order, the court may give such directions as are necessary or convenient for giving effect to the order. 55 Enforcement of confiscation orders abroad (1) Where, after conviction for an offence, a confiscation order has been made in respect of property that is proceeds or an instrumentality of the offence, and such property is situated in a State or territory outside Zimbabwe, the Attorney-General may, in accordance with the Criminal Matters (Mutual Assistance) Act [Chapter 9:06], request assistance from the government of the other State or territory to ensure that the property specified in the order is realised. (2) If a request under subsection (1) has resulted in the realisation of property in the foreign State or territory, the property realised shall be applied in accordance with the terms of any agreement between the States. 56 Effect of confiscation order and recording of order against title to certain properties (1) Subject to subsection (2), where the court makes a confiscation order against any property, the property vests absolutely in the State by virtue of the order. (2) Where a confiscation order applies to any property the title to which is evidenced and transferred by registration in accordance with any of the following— (a) the Deeds Registries Act [Chapter 20:05]; or (b) the Mines and Minerals Act [Chapter 21:05]. (c) the Patents Act [Chapter 26:03]; or (d) the Trade Marks Act [Chapter 26:04]; (e) the Industrial Designs Act [Chapter 26:02]; or (f) the Copyright and Neighbouring Rights 16[Chapter 26:05]; 16 (sic) The word “Act” is omitted from the published Act. - 44 -