Criminal law in Zambia

The main legal basis consists of the Constitution of Zambia, the Penal Code, Cap. 87, the Criminal Procedure Code, Cap. 88, the Zambia Police Act, the National Prosecution Authority Act, the Legal Aid Act 2021 and sector-specific statutes. Zambia follows the written-law principle: a person cannot be convicted unless written law defines the offence and prescribes a penalty. The Penal Code also recognises common-law interpretive influence and distinguishes felonies from misdemeanours. The Penal Code covers offences including murder, manslaughter, assault, grievous harm, rape, defilement, incest, theft, robbery, burglary, public-order offences and certain state offences. Special statutes address corruption, economic crime, narcotics, trafficking, gender-based violence, stock offences, road offences and cybercrime. The Penal Code (Amendment) Act 2026 commenced on 4 June 2026 and amended the stock-theft penalty. Because consolidated online versions may lag later amendments, current stock-theft provisions should be checked against Act 75 of 2026. The Zambia Police Service normally receives reports, makes arrests and investigates. A cognizable offence is one for which the law permits police action such as arrest without a warrant in the stated circumstances. Police may arrest without a warrant on reasonable suspicion of such an offence, while private arrest powers are limited. A magistrate may issue a search warrant on sworn reasonable grounds. Police may search an arrested person, seize relevant items and present the evidence to court. Officers must take or send an arrested person before a magistrate or station officer without unnecessary delay. If court appearance within 24 hours is impracticable and the offence is not serious, police release on bond may apply; otherwise the person should be brought before court as soon as possible. Police or courts may grant bail subject to recognisance or a surety, but statutes restrict bail for offences including murder, treason, aggravated robbery and certain offences affected by the 2026 amendments, such as specified stock-theft, defilement, rape, incest and theft offences. The National Prosecution Authority, including the Director of Public Prosecutions, assesses evidence and the public interest. A charge is generally brought in a Subordinate Court, while an information is used in the High Court. The charge must identify the law involved, the accused person, the date and place and the essential elements of the offence. A charge may be amended or substituted before the defence begins, subject to safeguards against unfair prejudice. The accused may plead guilty or not guilty. A preliminary inquiry may precede committal to the High Court. At trial, the prosecution presents evidence and the court decides whether there is a case to answer. The defence may give sworn evidence, give unsworn evidence, remain silent and call witnesses. The prosecution must prove guilt beyond reasonable doubt. Trials are generally open, but the court may sit in camera to protect justice, public order, privacy, children or people involved in sexual-offence proceedings. Plea negotiations may take place under the Plea Negotiations and Agreements Act 2010, and the Director of Public Prosecutions may discontinue a case before judgment. Appeal and review options depend on the court and the decision involved. Subordinate Courts and Magistrates’ Courts handle ordinary criminal matters within their jurisdiction. Local Courts handle minor criminal matters within their statutory and customary remit. The High Court has unlimited original criminal jurisdiction and appellate and supervisory powers. Appeals may continue through the Court of Appeal to the Supreme Court, depending on the decision and applicable procedure. Constitutional protections include a fair hearing within a reasonable time, an independent and impartial court, the presumption of innocence, a charge explained in a language the accused understands, adequate time and facilities for the defence, the right to defend oneself or use a legal representative, examination of prosecution witnesses, the calling of defence witnesses and a free interpreter. A person has the right to remain silent and cannot be compelled to testify against themselves. The Constitution also protects against retrospective offences or heavier penalties, double jeopardy and trial in absentia except in limited circumstances. An arrested or detained person should receive reasons for the arrest or detention and may seek habeas corpus. A pardon can also restrict a later prosecution for the same matter. The Legal Aid Board provides access to representation for accused people and appellants who lack sufficient means where the interests of justice require assistance. The court must grant legal aid in specified situations, including qualifying unrepresented accused people and children. Police, prosecutors, correctional officers and judicial officers must inform a suspect or accused person about legal-aid access at the relevant stage and facilitate an application. Means assessment considers income and property but excludes the home, household furniture and trade tools. Assistance may involve assigned counsel, a Legal Aid Assistant or a registered legal practitioner. A statutory contribution or consultation fee may apply, although a waiver is possible. Private counsel remains available at the client’s own cost. A court may impose life imprisonment, a fixed prison term, a fine, community service, forfeiture, compensation, restitution or an order to keep the peace or maintain good behaviour when the applicable law allows it. Murder carries life imprisonment or a lesser sentence where extenuating circumstances exist. Zambia removed the death penalty through 2022 amendments, and earlier death sentences are dealt with under the resulting life-imprisonment framework. Community service takes place in the offender’s area of residence. The Zambia Correctional Service Act 2021 provides for remand and convicted custody, legal consultation, rehabilitation and a parole framework, but no single sentence or release result applies to every case. A victim can report an offence to the police or the Victim Support Unit. In a sexual or gender-based violence case, the practical pathway can include immediate safety, a call to 991 or the nearest police station, Victim Support Unit assistance and medical care. The Anti-Gender-Based Violence Act 2010 allows protection-order proceedings in a Subordinate Court, including interim and final orders. Emergency monetary relief may cover lost earnings, medical treatment, relocation, accommodation and necessities. Identity and confidentiality protections may apply. A criminal court may order compensation, and the Criminal Procedure Code allows restitution of property under sections 179 and 180. The Anti-Human Trafficking Act provides additional victim protection and compensation measures. A child victim or witness must not be confronted with the alleged perpetrator in the prohibited circumstances, and the child’s identity must not be published. Civil damages remain a separate civil-law matter. A child is generally a person under 18. A child below 12 is not criminally responsible under section 14 of the Penal Code. The Children’s Code Act 2022 repealed the Juveniles Act and provides diversion as the first response where the statutory conditions are met. Diversion can involve an informal reprimand, recorded caution, a programme, mediation, a family group conference or restitution. It requires a prima facie case, the child’s acknowledgement and the consent of the child and parent or guardian after the consequences are understood. Police custody is a last resort and may not exceed 48 hours. Children must receive food, medical care and visits and remain separate from adults and, where required, from children of another sex. A child has rights to silence and privacy, and legal representation is mandatory in court. The Juvenile Court handles ordinary child charges, while the Children’s Court, a High Court division, handles matters such as murder, treason, High-Court offences, joint child-and-adult charges and appeals. A custodial order may not be imposed on a child below 16, and custody for ages 16 to 18 is available only when no suitable alternative exists. A child cannot receive a death sentence. Child proceedings are informal and in camera, with a statutory trial target of six months from the first appearance subject to current legal harmonisation. Road offences under the Road Traffic Act 2002 and related regulations include careless, reckless or dangerous driving, driving under the influence of alcohol or drugs, causing death by dangerous driving, failing to stop or provide assistance, and driving an unlicensed, uninsured or unsafe vehicle. Police and road-traffic inspectors may enforce these rules, including medical examination and specimen requirements for suspected impaired driving. The 2024 Demerit Point System can create administrative licence consequences, while the criminal charge and sentence remain matters for the court. Compensation for a road accident is a separate civil matter. The Cyber Security and Cyber Crimes Act 2021 covers unauthorised access, interception or interference, damage to data or systems, cyber fraud, cyber harassment, child sexual exploitation or solicitation, cyber attacks and cyber terrorism. Cyber terrorism carries life imprisonment. These offences are cognizable under the Criminal Procedure Code. Investigators may preserve digital data and, with the required authority, search and seize computers, systems or storage devices, including a connected system that can lawfully be accessed. A judge may order production of specified data or subscriber information. An expedited preservation notice may last up to seven days, with judicial extension possible. Electronic data messages can be admitted where reliability, integrity and origin are sufficiently supported. A person affected by an active offence should preserve the device and data without altering them and report to the police or the appropriate cyber-investigation channel.