Penal Code (Amendment) Act, 2022

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

Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 23 of 2022
Version: Undated source snapshot
Language: en
Official source: View official record ↗

amendments criminal penalties legal definitions legislation citation legislative amendment legislative repeal offences penalties statutory amendment statutory repeal

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About this statute

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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Provisions of Penal Code (Amendment) Act, 2022

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1
This Act may be cited as the Penal Code (Amendment)
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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.
2
Section 2
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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;.
3
Section 24 of the principal Act is amended by the
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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.
4
The principal Act is amended by the repeal of section 25
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This provision repeals section 25 of the principal Act.

4. The principal Act is amended by the repeal of section 25.
5
Section 5
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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”.
6
Section 39 (1) of the principal Act is amended by the deletion
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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
7
Section 40 (1) of the principal Act is amended by the deletion
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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”.
8
Section 43 (1) of the principal Act is amended by the deletion
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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”.
9
Section 63 (a) of the principal Act is amended by the deletion
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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”.
10
Section 64 (a) of the principal Act is amended by the
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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.
11
The principal Act is amended by the repeal of section 69
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This provision amends the principal Act by repealing section 69.

11. The principal Act is amended by the repeal of section 69.
12
The principal Act is amended by the repeal of section 71
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This section repeals section 71 of the principal Act.

12. The principal Act is amended by the repeal of section 71.
13
Section 118 (1) of the principal Act is amended by the
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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.

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;.
14
Section 201 of the principal Act is amended by the
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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).
15
Section 294 (2) of the principal Act is amended by the
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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”.
16
Section 297 (1)(c)(i) of the principal Act is amended by
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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”.
17
Section 391 of the principal Act is amended by the deletion
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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

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Penal Code (Amendment) Act, 2022

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