Criminal Procedure and Evidence Act Zimbabwe 113. Confirmation or investigation of statement (1) Where an accused has been brought before a magistrate, the prosecutor may apply to the magistrate for the confirmation of any statement alleged to have been made by the accused, whether in writing or orally, and reduced to writing. (2) In an application in terms of subsection (1)— (a) the prosecutor shall produce the statement referred to in subsection (1) by handing it to the magistrate and shall inform the magistrate of the details of when, where and to whom it was made; and (b) the statement produced in terms of paragraph (a) shall be read over to the accused and the accused shall be informed of the details provided in accordance with that paragraph; and (c) the magistrate shall ask the accused whether— (i) he made the statement; and (ii) he did so freely and voluntarily without his having been unduly influenced thereto; and shall explain to him the provisions of subsection (3). [paragraph amended by section 49 of Act 2 of 2016] (3) If the accused— (a) refuses to answer any question put in terms of subsection (2); or (b) admits that— (i) he made the statement; and (ii) the statement was made freely and voluntarily without his having been unduly influenced thereto; the magistrate shall confirm the statement by endorsing upon it the word “confirmed” and his signature and the place and date of confirmation. (4) If the accused alleges that— (a) he did not make the statement; or (b) the statement was not made freely and voluntarily without his having been unduly influenced thereto; the magistrate shall request him to give particulars sufficient to inform the State of the facts upon which he relies for his allegation and, as far as is reasonably possible, to identify those involved in the allegation and shall inform him of the provisions of section one hundred and fifteen. (5) The magistrate may require a person who makes an allegation referred to in subsection (4) to be medically examined and may make such other investigation as he considers necessary or desirable in the circumstances. (6) [subsection 6 repealed by section 5 of Act 9 of 2006] (7) [subsection 7 repealed by section 5 of Act 9 of 2006] 113A.Parents or guardian of juvenile may be summoned to confirmation proceedings (1) If confirmation proceedings are held in respect of a person under the age of eighteen years, the magistrate conducting the proceedings may, at any time during those proceedings, direct any persons to warn the parent or guardian of the person orally to attend the proceedings and to remain in attendance at them, or to serve a warning in writing upon the parent or guardian: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 49