Criminal Procedure and Evidence Act Zimbabwe 62A. Forfeiture of unlawful consideration in cases of bribery (1) In this section, “agent” and “principal” shall have the meaning given to those terms by section 169 of the Criminal Law Code. (2) Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of— (a) the convicted person’s principal, where the convicted person was an agent when the crime was committed; or (b) in any other case, the State; for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14]. (3) A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court. [proviso repealed by section 25 of Act 2 of 2016] [section inserted by section 282 of Act 23 of 2004] 63. Disposal of article concerned in offence committed outside Zimbabwe (1) Where an article in connection with which— (a) an offence was committed or is on reasonable grounds suspected to have been committed in a country or territory outside Zimbabwe; or (b) there are reasonable grounds for believing that it will afford evidence as to the commission in a country or territory outside Zimbabwe of any offence or that it was used for the purpose of or in connection with the commission of any such offence; has been seized, the magistrate within whose area of jurisdiction the article was seized may, on application and if satisfied that such offence is punishable in that country or territory by death or by imprisonment for a period of twelve months or more or by a fine of level six or more, order such article to be delivered to a member of a police force established in such country or territory who may thereupon remove it from Zimbabwe. [subsection amended by section 4 of Act 22 of 2001] (2) When the article so removed from Zimbabwe is returned to the magistrate or the magistrate refuses to order that the article be delivered as aforesaid, the article shall be returned to the person from whose possession it was taken, unless the magistrate is authorized or required by law to dispose of it otherwise. 63A. Forfeiture and disposal of seized articles whose possession is intrinsically unlawful (1) If any article whose possession is intrinsically unlawful is seized by a police officer, such police officer or his or her superior shall as soon as possible communicate to the police officer in command of the police district within which the seized article is to be held in custody the fact of such seizure, together with all relevant particulars concerning the article. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 39