Criminal Procedure and Evidence Act
Zimbabwe
has or had any mark, characteristic or distinguishing feature or shows or showed any condition or
appearance—
(a)
(b)
the court may order that all necessary steps be taken to ascertain those matters, including
arrangements for—
(i)
the taking of the accused person’s finger-prints, palm-prints or foot-prints; and
(ii)
the taking of a blood, saliva or tissue sample from the accused person; and
(iii)
the examination of the accused person;
evidence of the finger-prints, palm-prints or foot-prints of the accused person or that the
body of the accused person has or had any mark, characteristic or distinguishing feature or
shows or showed any condition or appearance, including evidence of the result of the testing
of any blood, saliva or tissue sample taken from the accused person, shall be admissible in
those criminal proceedings.
(2)
Any examination of an accused person conducted pursuant to an order of a court in terms of
subsection (1)(a) shall be conducted with strict regard for decency and decorum.
(3)
Evidence referred to in subsection (1)(b) shall not be inadmissible solely on the ground that it was
taken or ascertained against the wish or the will of the accused person.
(4)
Any finger-prints, palm-prints, footprints, photographs or samples and the records of any steps
taken under this section shall be destroyed if the person concerned is found not guilty at his or her
trial or if his or her conviction is set aside by a superior court or if the charge against him or her is
withdrawn.
(5)
Section 41B(6) applies, with such changes as may be necessary, to a person referred to in subsection
(4).
[section inserted by section 40 of Act 2 of 2016]
265. Appointment to public office
Any evidence which would be admissible in any criminal case depending in the Supreme Court of
Judicature of England as evidence of the appointment of any person to any office or of the authority of any
person to act as a public officer shall be admissible in criminal cases in Zimbabwe.
[section amended by section 28 of Act 9 of 2006]
266. Proof of signature of public officer not necessary
In any criminal proceedings any document—
(a)
purporting to bear the signature of any person holding a public office; and
(b)
bearing a seal or stamp which purports to be a seal or stamp of the Ministry, department, office or
institution to which such person is attached;
shall on its mere production, without proof of such signature, seal or stamp, be presumed to be signed by
such person unless it is proved not to have been signed by him.
266A.Admissibility of evidence obtained from certain foreign countries
(1)
Subject to this section—
(a)
the record of any evidence taken; or
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