Criminal Law Code as at 1st March 2007 Provided that, if it is proved that a director or employee of the corporate body took no part in the conduct, this subsection shall not apply to him or her. (4) For the purposes of imposing criminal liability upon members and employees of an association of persons which is not a corporate body, any conduct on the part of⎯ (a) a member or employee of the association; or (b) any person acting on instructions or with permission, express or implied, given by a member or employee of the association; in the exercise of his or her power or in the performance of his or her duties as such a member, employee or authorised person, or in furthering or endeavouring to further the interests of the association, shall be deemed to have been the conduct of every other person who at the time was a member or employee of the association, and if the conduct was accompanied by any intention on the part of the member, employee or authorised person, that intention shall be deemed to have been the intention of every other person who at the time was a member or employee of the association: Provided that⎯ (i) if it is proved that a member or employee of the association took no part in the conduct, this subsection shall not apply to him or her; (ii) if the association is controlled or governed by a committee or other similar governing body, this subsection shall not apply so as to render criminally liable any person who was not at the time of the conduct a member of that committee or other body. (5) A person who is criminally liable for any conduct in terms of subsection (3) or (4) shall be liable to be prosecuted and punished personally for the crime concerned. (6) This section shall not limit any other law which imposes criminal liability upon corporate bodies and associations and their directors, employees and members. 278 Relation of criminal to civil or disciplinary proceedings (1) In this section⎯ “disciplinary proceedings” means any proceedings for misconduct or breach of discipline against a public officer or member of a disciplined force or a statutory professional body, or against any other person for the discipline of whom provision is made by or under any enactment; “disciplined force” means⎯ (a) the Defence Forces; or (b) the Police Force; or (c) the Prison Service; or (d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe; “public officer” has the meaning given to that term in section one hundred and sixty-nine. (2) A conviction or acquittal in respect of any crime shall not bar civil or disciplinary proceedings in relation to any conduct constituting the crime at the instance of any person who has suffered loss or injury in consequence of the conduct or at the instance of the relevant disciplinary authority, as the case may be. - 140 -

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