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 section 16 of Act 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 section 16 of Act 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 section 16 of Act 8 of 1997.] (9) … [Subsection repealed by section 16 of Act 8 of 1997.] (10) … [Subsection repealed by section 16 of Act 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; (b) any community service which the offender is permitted to render as an alternative to the payment of the fine shall be reduced to such extent as the court may determine in order to take into account the amount so paid or recovered. (2) Where an offender renders only part of any community service he is permitted in terms of section three hundred and forty-seven to render as an alternative to a fine, the court may reduce any period of imprisonment which it has imposed as an additional alternative to the fine, to such extent as the court may determine in order to take into account the service the offender has rendered. (3) A determination in terms of paragraph (b) of subsection (1) or subsection (2) shall be made in the presence of the offender concerned, and subsections (5) and (6) of section three hundred and fifty-eight shall apply, mutatis mutandis, in regard to bringing the offender before the court for that purpose. (4) No amount shall be accepted in part payment of a fine if it would have the effect of reducing the imprisonment to be served in terms of subsection (1) by a fractional part of a day. [Section inserted by section 17 of Act 8 of 1997] 349 Court may enforce payment of fine from moneys on accused or salary or wages of accused Where a person is sentenced to pay a fine, whether with or without an alternative sentence of imprisonment, the court may, without prejudice to any other power under this Act relating to the payment of a fine, enforce payment of the fine, whether as to the whole or part thereof—