Criminal Procedure and Evidence Act
Zimbabwe
27:19] to examine the woman privately, either together or successively, and to ascertain whether
she is pregnant or not.
[subsection amended by section 151 of Act 6 of 2000]
342. Manner of carrying out death sentence
(1)
As soon as practicable after a sentence of death is passed the judge who passed the sentence or
any other judge of the court shall issue his warrant to the Sheriff or his deputy for the execution of
the sentence, but such warrant shall not be executed until the Prosecutor-General has, in writing
signed by him, given notice to the Sheriff or the deputy that the President has decided not to grant
a pardon to or reprieve the person so sentenced or otherwise exercise the prerogative of mercy in
respect of him.
(2)
As soon after the receipt of the notice referred to in subsection (1) by the Sheriff or his deputy as
fitting arrangements for the carrying out of the sentence can be made in or in the precincts of a
prison appointed in accordance with law for the carrying out of sentences of capital punishment,
the Sheriff or his deputy shall execute the judge’s warrant issued to him in terms of subsection (1)
in the appointed prison or its precincts:
Provided that the Sheriff or his deputy shall not execute the judge’s warrant if at any time the
Prosecutor-General, by notice in writing under his own hand to the Sheriff or the deputy sheriff,
intimates that the President has decided to grant a pardon or reprieve to the person so sentenced or
otherwise to exercise the prerogative of mercy with regard to him.
(3)
Any notice by the Prosecutor-General under the proviso to subsection (2) shall be construed for all
purposes as a cancellation of the judge’s warrant.
B. Imprisonment and fine
343. Cumulative or concurrent sentences
(1)
When a person is convicted at one trial of two or more different offences or when a person under
sentence or undergoing punishment for one offence is convicted of another offence, the court may
sentence him to such several punishments for such offences or for such last offence, as the case may
be, as the court is competent to impose.
(2)
When sentencing any person to punishments in terms of subsection (1), the court may direct the
order in which the sentences shall be served or that such sentences shall run concurrently.
344. Discretion of court as to amount and nature of punishment
(1)
Where any person is liable by law to a sentence of imprisonment for life or for any period, he may
be imprisoned for any shorter period.
[subsection amended by section 13 of Act 8 of 1997 and by section 49 of Act 2 of 2016]
(2)
A person liable by law to be sentenced to pay a fine of any amount may be sentenced to pay a fine of
any lesser amount.
(3)
Subsections (1) and (2) shall not apply to any offence for which a minimum penalty is prescribed in
the enactment prescribing a punishment for the offence.
344A.Imprisonment for life
Subject to any other law, the effect of a sentence of imprisonment for life imposed on or after the date of
commencement of the Criminal Procedure and Evidence Amendment Act, 1997, shall be that the person so
sentenced shall remain imprisoned for the rest of his life.
[section inserted by section 14 of Act 8 of 1997]
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