Criminal Procedure and Evidence Act (b) Zimbabwe preventing a court from imposing a punishment other than a punishment referred to in subsection (1), where the court is specially authorized by any enactment to impose such other punishment. A. Sentence of death 337. Sentence for murder (1) Subject to section 338, the High Court may pass sentence of death upon an offender convicted by it of murder if it finds that the murder was committed in aggravating circumstances. (2) In cases where a person is convicted of murder without the presence of aggravating circumstances, or the person is one referred to in section 338(a), (b) or (c), the court may impose a sentence of imprisonment for life, or any sentence other than the death sentence or imprisonment for life provided for by law if the court considers such a sentence appropriate in all the circumstances of the case. [section substituted by section 43 of Act 2 of 2016] 338. Persons upon whom death sentence may not be passed The High Court shall not pass sentence of death upon an offender who— (a) was less than twenty-one years old when the offence was committed; or (b) is more than seventy years old; or (c) is a woman. [section substituted by section 43 of Act 2 of 2016] 339. Sentence of death (1) The form of sentence to be pronounced upon a person who is convicted of an offence punishable with death and sentenced to death shall be that he be returned to custody and that the sentence of death shall be executed according to law. (2) Where the sentence of death is carried out the person sentenced shall be hanged by the neck until he is dead. 340. Copy of evidence to be transmitted to president (1) If any sentence of death is pronounced by the High Court, a copy of the evidence shall be transmitted to the President and the sentence shall not be carried out until confirmed by him. (2) The President may signify his confirmation in terms of subsection (1) by telegraph. 341. Examination of woman convicted of certain offences (1) Where upon the conviction of a woman of any offence referred to in paragraph (a) or (b) of section three hundred and thirty-seven a judge is of the opinion that the death sentence is the appropriate penalty and has reason to suspect that the woman is pregnant, he shall not pass sentence upon her until he has determined from evidence led before him whether the woman is pregnant or not. (2) For the purpose of making the determination referred to in subsection (1), the judge shall direct one or more medical practitioners who are registered in terms of the Health Professions Act [Chapter By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 134