Criminal Procedure and Evidence Act
Zimbabwe
intention to adduce the same in evidence has been given by the party proposing to adduce the same
in evidence:
Provided that such notice shall not be necessary if the other party to the proceedings waives his
right to such notice.
(3)
(4)
On the application of any party who has received notice in terms of subsection (2) which relates to
the bankers books or bankers documents of a bank which—
(a)
is not a foreign bank, the court before which the proceedings are being or are to be conducted
may order that such party be at liberty to inspect and to take copies of any entry or entries in
the bankers books or of the bankers documents of the bank concerned and such orders may
be made by the court in its discretion, either with or without summoning before it such bank
or the other party, and shall be intimated to such bank at least three days before the copies
are required;
(b)
is a foreign bank, the court before which the proceedings are being or are to be conducted
may issue a commission to any fit and proper person outside Zimbabwe authorizing that
person to take the evidence of any witness specified in the commission as to the correctness
of the copies sought to be adduced and as to any matters that may be contained in the
bankers books or the bankers documents of the bank concerned relating to the matters in
question in the criminal proceedings and the provisions of sections two hundred and forty,
two hundred and forty-one, two hundred and forty-two and two hundred and forty-three
shall apply, mutatis mutandis, to such commission.
Any document which purports—
(a)
to be an affidavit of a person who has examined an entry in a bankers book or a bankers
document and stating the things referred to in paragraphs (a) and (b) of subsection (1); and
(b)
to have been made before a person who is qualified in the country concerned to administer
an oath;
shall be admissible upon its mere production.
288. Bank not compelled to produce any books unless ordered by court
A bank shall not be compelled to produce its bankers books or any bankers documents in any criminal
proceedings unless the court specially orders that such bankers books or bankers documents shall be
produced.
289. Sections 286, 287 and 288 not to apply to proceedings to which bank is party
Nothing in sections two hundred and eighty-six, two hundred and eighty-seven and two hundred and
eighty-eight shall apply to any criminal proceedings to which the bank whose bankers books or bankers
documents may be required to be produced in evidence is a party.
J. Privileges of witnesses
290. Privileges of accused persons when giving evidence
An accused person called as a witness upon his own application shall not be asked, and if asked shall not
be required to answer, any question tending to show that he has committed, or has been convicted of, or
has been charged with, any offence other than that with which he is then charged, or is of bad character,
unless—
(a)
he has personally or by his legal representative asked questions of any witness with a view to
establishing, or has himself given evidence of, his own good character, or unless the nature or
conduct of the defence is such as to involve imputation of the character of the prosecutor or the
witnesses for the prosecution; or
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