Criminal Procedure and Evidence Act (5) Zimbabwe On an appeal by the Prosecutor-General in terms of subsection (4) the Supreme Court or the High Court, as the case may be, may— (a) confirm the decision made in terms of subsection (3); or (b) allow the appeal and— (i) remit the case to the court concerned for continuation of the trial; or (ii) remit the case to the court concerned for trial de novo before a different presiding officer; or (c) make such order or give such directions as it deems fit. [subsection amended by section 10 of Act 9 of 1997] (6) Subject to subsection (3), at the close of the case for the prosecution the court shall— (a) ask the accused or, if he is legally represented, his legal representative whether it is intended to adduce evidence for the defence and whether the accused intends himself to give evidence; and (b) if the accused is not legally represented, inform him of the provisions of the proviso to subsection (8) and of subsection (9) and of subsection (1) of section one hundred and ninetynine. (7) If the accused or his legal representative states that it is intended to adduce evidence for the defence or that the accused intends himself to give evidence, he may, by himself or his legal representative, address the court for the purpose of opening the evidence intended to be adduced for the defence, but without comment thereon. (8) Subject to Part XIVA, any witnesses called for the defence shall be examined by the accused or his legal representative and the accused, if he gives evidence himself, shall be examined by his legal representative, if any, and the accused or his legal representative shall put in and read any documentary evidence which may be admissible: Provided that no evidence shall be adduced for the defence before the accused is called to give evidence or is, in terms of subsection (9), questioned by the prosecutor or the court, unless the court in its discretion otherwise allows. [subsection amended by section 7 of Act 8 of 1997] (9) If the accused declines to give evidence, the prosecutor and the court may nevertheless question him and, if the accused is legally represented, his legal representative may thereafter question him subject to the rules applicable to a party re-examining his own witness. 199. Refusal of accused giving evidence or being questioned to answer question without just cause may be used as evidence against him (1) If an accused who gives evidence or is questioned in terms of subsection (7), (8) or (9), as the case may be, of section one hundred and ninety-eight refuses to answer any question, he shall be asked to give his reasons for so refusing and, if he persists in his refusal, the court, in determining whether the accused is guilty of the offence charged or any other offence of which he may be convicted on that charge, may, unless satisfied that he had just cause for so persisting, draw such inferences from the refusal as appear proper and the refusal may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 87