Criminal Procedure and Evidence Act
Zimbabwe
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[subsection repealed by section 16 of Act 8 of 1997]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[subsection repealed by section 16 of Act 8 of 1997]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[subsection repealed by section 16 of Act 8 of 1997]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 fiftyeight 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—
(a)
by seizure of moneys upon the person concerned; or
(b)
if money is due or is to become due as salary or wages from any employer of the person concerned,
by—
(i)
from time to time ordering the employer to deduct a specified amount from the salary or
wages so due and to pay over such amount to the clerk of the court in question; or
(ii)
ordering the employer to deduct from time to time a specified amount from the salary
or wages from the employer due and to pay over such amount to the clerk of the court in
question.
350. Levy of fine and costs on conviction of defamation
When any person is convicted of the unlawful publication of any defamatory matter which was published
by means of printing, the prosecutor may levy the fine, if any, and costs out of any property of the offender
in like manner as in civil actions.
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