Zambia Act or statute

Zambia legislation

Penal Code (Amendment) Act, 2022

amendmentscriminal penaltieslegal definitionslegislation citationlegislative amendmentlegislative repealoffencespenaltiesstatutory amendmentstatutory repeal

Jurisdiction: Zambia
Structure: 17 provisions
Citation: Act 23 of 2022
Dates: Undated source snapshot

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Dates: Undated source snapshot

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Purpose and legislative effect

“This section gives the Act’s short title: Penal Code (Amendment) Short title Act, 2022.”

This section gives the Act’s short title: Penal Code (Amendment) Short title Act, 2022. This section changes the definition of “felony” in section 4 of the principal Act. This provision amends section 24 of the principal Act by deleting one paragraph and renumbering the remaining paragraphs. This provision repeals section 25 of the principal Act. This section amends Section 31 of the principal Act by replacing “not punishable with death” with “not punishable with life imprisonment.”

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This Act may be cited as the Penal Code (Amendment)

This section gives the Act’s short title: Penal Code (Amendment) Short title Act, 2022.

Section 1

Section 5

This section amends Section 31 of the principal Act by replacing “not punishable with death” with “not punishable with life imprisonment.”

Section 5

Section 63 (a) of the principal Act is amended by the deletion

Section 63(a) is amended so that “death” is replaced with “life imprisonment”.

Section 9

Section 118 (1) of the principal Act is amended by the

A person in the described category is treated as guilty of a felony and can be sentenced to life imprisonment if they are already serving a life sentence or are charged with an offence punishable by life imprisonment.

Section 13

Section 391 of the principal Act is amended by the deletion

Section 391 is amended by deleting “death or” and replacing it with “life imprisonment”.

Section 17

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Showing 17 of 17 provisions

Substitution 9Repeal 4Amendment 3Short title

§ 1This Act may be cited as the Penal Code (Amendment)Short title

This section gives the Act’s short title: Penal Code (Amendment) Short title Act, 2022.

1. This Act may be cited as the Penal Code (Amendment) Short title Act, 2022.

Section 1Verify source

§ 2Section 2Substitution

This section changes the definition of “felony” in section 4 of the principal Act.

2. Section 4 of the principal Act is amended by the deletion of the definition of “felony” and the substitution therefor of the following: Amendment of section 4 “felony” means an offence which is declared by this Act or any other written law to be a felony or, if not declared to be a misdemeanor, is punishable, without proof of previous conviction with life imprisonment or imprisonment with hard labour for three years or more or with life imprisonment;.

Section 2Verify source

§ 3Section 24 of the principal Act is amended by theAmendment

This provision amends section 24 of the principal Act by deleting one paragraph and renumbering the remaining paragraphs.

3. Section 24 of the principal Act is amended by the — (a) deletion of paragraph (a); and (b) renumbering of paragraphs (b), (c), (d), (e), (f), (g), (h) and (i) as paragraphs (a), (b), (c), (d), (e), (f), (g) and (h), respectively.

Section 3Verify source

§ 4The principal Act is amended by the repeal of section 25Repeal

This provision repeals section 25 of the principal Act.

4. The principal Act is amended by the repeal of section 25.

Section 4Verify source

§ 5Section 5Substitution

This section amends Section 31 of the principal Act by replacing “not punishable with death” with “not punishable with life imprisonment.”

5. Section 31 of the principal Act is amended by the deletion of the words “not punishable with death” and the substitution therefor of the words “not punishable with life imprisonment”.

Section 5Verify source

§ 6Section 39 (1) of the principal Act is amended by the deletionRepeal

Section 39(1) is changed by replacing “sentence of death” with “sentence of life imprisonment”.

6. Section 39 (1) of the principal Act is amended by the deletion of the words “sentence of death” and the substitution therefor of the words “sentence of life imprisonment”. Amendment of section 24 Repeal of section 25 Amendment of section 31 Amendment of section 39 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K8.00 each. 528 No. 23 of 2022] Penal Code (Amendment) Amendment of section 40 Amendment of section 43 Amendment of section 63 Amendment of section 64 Repeal of section 69 Repeal of section 71 Amendment of section 118 Amendment of section 201

Section 6Verify source

§ 7Section 40 (1) of the principal Act is amended by the deletionSubstitution

This provision changes Section 40(1) by replacing one phrase with another.

7. Section 40 (1) of the principal Act is amended by the deletion of the words “if of death, fine” and the substitution therefor of the words “if of fine”.

Section 7Verify source

§ 8Section 43 (1) of the principal Act is amended by the deletionSubstitution

This section changes section 43(1) so that the words “suffer death” are replaced with “life imprisonment”.

8. Section 43 (1) of the principal Act is amended by the deletion of the words “suffer death” and the substitution therefor of the words “life imprisonment”.

Section 8Verify source

§ 9Section 63 (a) of the principal Act is amended by the deletionSubstitution

Section 63(a) is amended so that “death” is replaced with “life imprisonment”.

9. Section 63 (a) of the principal Act is amended by the deletion of the word “death” and the substitution therefor of the words “life imprisonment”.

Section 9Verify source

§ 10Section 64 (a) of the principal Act is amended by theAmendment

This provision amends section 64(a) of the principal Act by deleting one subparagraph, renumbering others, and inserting a new subparagraph.

10. Section 64 (a) of the principal Act is amended by the— (a) deletion of subparagraph (ii); (b) renumbering of subparagraphs (iii), (iv), (v), (vi) and (vii) as subparagraphs (ii), (iii), (iv), (v), and (vi), respectively; and (c) insertion of the following new subparagraph immediately to commit any other after subparagraph (vi): (vii) offence; or.

Section 10Verify source

§ 11The principal Act is amended by the repeal of section 69Repeal

This provision amends the principal Act by repealing section 69.

11. The principal Act is amended by the repeal of section 69.

Section 11Verify source

§ 12The principal Act is amended by the repeal of section 71Repeal

This section repeals section 71 of the principal Act.

12. The principal Act is amended by the repeal of section 71.

Section 12Verify source

§ 13Section 118 (1) of the principal Act is amended by theSubstitution

13. Section 118 (1) of the principal Act is amended by the deletion of paragraph (a) and the substitution therefor of the following: (a) is, if such last-named person is under sentence of imprisonment for life or charged with an offence punishable with imprisonment for life, guilty of a felony and is liable, on conviction, to imprisonment for life;.

Section 13Verify source

§ 14Section 201 of the principal Act is amended by theSubstitution

Section 201 is amended so a person convicted of murder must be sentenced to life imprisonment, unless there are extenuating circumstances; that exception does not apply to murder committed during aggravated robbery with a firearm.

14. Section 201 of the principal Act is amended by the— (a) deletion of subsection (1) and the substitution therefor of the following: (1) A person convicted of murder shall be sentenced to life imprisonment or, where there are extenuating circumstances, a sentence other than life imprisonment.; (b) insertion of the following new subsection immediately after subsection (1): (2) An extenuating circumstance referred to under subsection (1) shall not apply to murder committed in the course of aggravated robbery with a firearm under section 294.; and Penal Code (Amendment) [No. 23 of 2022 529 (c) renumbering of subsection (2) as subsection (3).

Section 14Verify source

§ 15Section 294 (2) of the principal Act is amended by theSubstitution

This section changes Section 294(2) of the principal Act by replacing “death” with “life imprisonment”.

15. Section 294 (2) of the principal Act is amended by the deletion of the word “death” and the substitution therefor of the words “life imprisonment”.

Section 15Verify source

§ 16Section 297 (1)(c)(i) of the principal Act is amended byAmendment

This provision amends section 297(1)(c)(i) of the principal Act by deleting the words “death or”.

16. Section 297 (1)(c)(i) of the principal Act is amended by the deletion of the words “death or”.

Section 16Verify source

§ 17Section 391 of the principal Act is amended by the deletionSubstitution

Section 391 is amended by deleting “death or” and replacing it with “life imprisonment”.

17. Section 391 of the principal Act is amended by the deletion of the words “death or” and the substitution therefor of the words “life imprisonment”. Amendment of section 294 Amendment of section 297 Amendment of section 391 530

Section 17Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

5 instruments

of section 25 Amendment of section 31 Amendment of section 39 Single copies of this Act
Section 6
of section 25 This provision repeals section 25 of the principal Act
Section 4
of section 69 This provision amends the principal Act
Section 11
of section 71 This section repeals section 71 of the principal Act
Section 12
principal Act
Sections 3, 5, 10, 16

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