The Economic and Organised Crime Control (The Corruption and Economic Crimes Division) (Procedure) Rules, 2016
This section is about the transmission of records of committal proceedings for trial before the court.
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- The Economic and Organised Crime Control (The Corruption and Economic Crimes Division) (Procedure) Rules, 2016
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About this statute
This section is about the transmission of records of committal proceedings for trial before the court. This section is titled “Assignment of case or cause” and lists related criminal-procedure topics. This section is about evidence given by video link or by electronic means. This section is titled “Protection of witnesses.” This section amends the schedules to the rules.
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Provisions of The Economic and Organised Crime Control (The Corruption and Economic Crimes Division) (Procedure) Rules, 2016
Showing 31 of 31
- 9 Verify source ↗
Section 9
AI-assisted research summary: This section is about the transmission of records of committal proceedings for trial before the court.
9. PART IV TRIAL BEFORE THE COURT Transmission of records of committal proceedings.
Part
PART IV
- 11 Verify source ↗
Assignment of case or cause
AI-assisted research summary: This section is titled “Assignment of case or cause” and lists related criminal-procedure topics.
11. Assignment of case or cause. 1 G.N. No. 267 (contd.) Economic and Organised Crime Control Summoning of the accused for trial. Pleading to Information. Preliminary hearing. Time for completion of trials. Summoning of witnesses. - 20 Verify source ↗
Section 20
AI-assisted research summary: This section is about evidence given by video link or by electronic means.
20. Evidence by video link. Evidence by electronic means. PART V PROTECTION OF WITNESSES - 10 Verify source ↗
(1) When an accused person has been committed
AI-assisted research summary: After an accused person is committed for trial, the committal record and related documents must be submitted to the Registrar within 30 days, and the Registrar must forward a copy to the Director of Public Prosecutions.
10.-(1) When an accused person has been committed for trial, the record of committal proceedings duly signed and authenticated by the magistrate, together with copies of the information and committal order, shall be submitted to the Registrar within thirty days from the day the accused was committed for trial. (2) The Registrar shall forward a copy of the the Director of Public in subrule (1) to documents Prosecutions. Assignment of case or cause - 11 Verify source ↗
The Judge in-charge of the registry or sub-registry
AI-assisted research summary: The judge in charge, another judge acting in that role, or the registrar if no judge is available, must assign filed information to a specific judge within one day, unless circumstances prevent it.
11. The Judge in-charge of the registry or sub-registry or any other Judge acting in that capacity or the Registrar in the absence of any Judge shall, unless the circumstances do not permit, within a maximum of one day after the filing of Information, cause it to be manually or electronically assigned to a specific Judge. Notice of trial - 12 Verify source ↗
The Registrar shall be responsible for issuing a
AI-assisted research summary: The Registrar is responsible for issuing a notice of trial.
12. The Registrar shall be responsible for issuing a notice of trial. Summoning of the accused for trial - 13 Verify source ↗
The Court shall, within thirty days after receipt of
AI-assisted research summary: The Court must make the accused person appear before it for plea taking and preliminary hearing within 30 days after receiving the record of committal proceedings.
13. The Court shall, within thirty days after receipt of the record of committal proceedings, cause the accused person to appear before it for plea taking and preliminary hearing. 6 G.N. No. 267 (contd.) Economic and Organised Crime Control Pleading to Information - 14 Verify source ↗
(1) The accused person to be tried before the
AI-assisted research summary: Before trial on Information, the accused must be placed at the bar unfettered unless the Court orders otherwise, and the Information must be read, explained, and if needed interpreted before the accused is required to plead.
14.-(1) The accused person to be tried before the Court upon Information, shall be placed at the bar unfettered, unless the Court orders otherwise. Preliminary hearing Time for completion of trials Summoning of witnesses Hearing (2) The Information shall be read over and explained to the accused person by the Registrar or other officer of the Court and, if need be, interpreted in the language understood by the accused person and thereafter be required to plead thereto. - 15 Verify source ↗
(1) Where the accused person pleads not guilty,
AI-assisted research summary: If the accused pleads not guilty, the Court must hold a preliminary hearing.
15.-(1) Where the accused person pleads not guilty, the Court shall conduct a preliminary hearing in accordance with the Act. (2) Subject to the rule governing protection of witnesses, during the preliminary hearing the Court shall require both the prosecution and defence to provide names and addresses of their intended witnesses as well as a list of exhibits to be relied upon. - 16 Verify source ↗
(1) Upon conclusion of the preliminary hearing,
AI-assisted research summary: After the preliminary hearing, the Court must take measures to ensure cases are resolved early and fairly, and trials should normally finish within nine months after committal proceedings end.
16.-(1) Upon conclusion of the preliminary hearing, the Court shall, in all proceedings, take all necessary measures to ensure the early and just determination of cases brought before it. (2) For the avoidance of doubt, all trials shall be conducted and completed within nine months from the date of completion of the committal proceedings: Provided that the Court may, in exceptional circumstances, extend the time for not more than six months. (3) Without prejudice to subrule (2), where further extension is required, the court may, for any reasonable or sufficient cause in the interest of justice, extend the time as it deems necessary for the completion of the case. - 17 Verify source ↗
The Registrar shall be responsible for summoning
AI-assisted research summary: The Registrar must summon witnesses for both the prosecution and the defence.
17. The Registrar shall be responsible for summoning witnesses for the prosecution and the defence. - 18 Verify source ↗
During the trial, the Court shall hear the evidence
AI-assisted research summary: During the trial, the Court must hear prosecution and defence witness evidence.
18. During the trial, the Court shall hear the evidence of the witnesses for the prosecution and the defence in accordance with the relevant provisions of the Act. 7 G.N. No. 267 (contd.) Economic and Organised Crime Control Evidence by video link - 19 Verify source ↗
The Court may, on an application by either party,
AI-assisted research summary: The Court may let a witness give evidence by video link instead of being in the courtroom, if either party applies.
19. The Court may, on an application by either party, allow a witness to give evidence without being present in the courtroom, through a video link the cost of which shall be borne by the Government or as the court directs otherwise. Evidence by electronic means - 20 Verify source ↗
(1) An official record shall be made of every
AI-assisted research summary: An official record must be made of every hearing, and certain parties may request a written copy or transcript. The Court may set conditions on releasing and using that record.
20.-(1) An official record shall be made of every hearing and such record shall consist of the following: (a) where an electronic recording system approved and managed by the Court or any other person appointed by the Court is used, the audio or audio- visual record or its corresponding transcript; and (b) where an electronic recording system is not used, the notes of hearing recorded in such manner as the Court may determine. (2) A prosecuting officer, the accused or the advocate if any may, in writing, request for a copy or a transcript of the official record of the proceedings. (3) The Court may, in approving the request under sub rule (2), impose such conditions or make directions in relation to the release and use of the copy of the official record of hearing as it considers fit. PART V PROTECTION OF WITNESSES
Part
PART V
- 21 Verify source ↗
Section 21
AI-assisted research summary: This section is titled “Protection of witnesses.”
21. Protection of witnesses. PART V1 GENERAL PROVISIONS - 21 Verify source ↗
(1) Subject to the provisions of section 53 of the
AI-assisted research summary: The prosecutor or defence counsel may seek witness protection orders, and the Registrar must keep a potential witness’s identity confidential until the court decides the application.
21.-(1) Subject to the provisions of section 53 of the Act, the prosecuting officer or the defence counsel may, in exceptional circumstances, apply to the Court to order the non-disclosure of the identity of a witness who may be in danger or at risk until such person is brought under the protection of the Court. (2) At the time of filing Information or at any time thereafter, the prosecuting officer or the defence counsel may make an application to the Court seeking witness protection measures of a potential witness. (3) The Registrar shall, upon receipt of the application in subrule (2), ensure that the information relating to the identity of a potential witness is not disclosed until the time the court delivers a ruling on the application. 8 Protection of witnesses G.N. No. 267 (contd.) Economic and Organised Crime Control (4) A Judge may, at the request of the prosecuting officer or the defence counsel, order appropriate measures for the privacy and protection of witnesses provided that the measures are consistent with the rights of the accused. (5) A Judge may hold proceedings in camera to determine whether to order- (a) measures to prevent disclosure of the identity or whereabouts of a protected witness to the public or the media by: (i) expunging from the Court’s public records all such names and information that may identify such protected witness; (ii) non-disclosure to the public of any protected identifying such records witnesses; or (iii) assignment of pseudo names to such protected witnesses; (b) excluding the press and the public from all or part of the proceedings on grounds of: (i) public order or morality; (ii) safety, security or non-disclosure of the identity of witnesses as provided under paragraph (a) of this sub-rule; or (iii) protection of the interests of justice. (6) Subject to the provisions of any other written law to the contrary, the evidence or names of persons whose evidence was received by the Court in camera shall not be published in any newspaper or other media: Provided that the provisions of this sub-rule shall not prohibit the printing or publishing of any such matter in series of law reports or periodicals of a technical character bona fide intended for circulation among members of legal profession. the (7) For the purposes of this rule “protected witnesses” shall include persons related to or associated with such witnesses. 9 G.N. No. 267 (contd.) Economic and Organised Crime Control PART VI GENERAL PROVISIONS Report from the Court
Part
PART V1
- 23 Verify source ↗
Amendment of the Schedules
AI-assisted research summary: This section amends the schedules to the rules.
23. Amendment of the Schedules. ___________ SCHEDULES ____________ 2 G.N. No. 267 (contd.) Economic and Organised Crime Control THE ECONOMIC AND ORGANISED CRIME CONTROL ACT (CAP.200) ____ RULES ____ (Made under section 63A) ____ THE ECONOMIC AND ORGANISED CRIME CONTROL (THE CORRUPTION AND ECONOMIC CRIMES DIVISION) (PROCEDURE) RULES, 2016 PART I PRELIMINARY PROVISIONS Citation
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Economic and
AI-assisted research summary: This section says the Rules may be cited by the stated title.
1. These Rules may be cited as the Economic and Organised Crime Control (The Corruption and Economic Crimes Division)(Procedure) Rules, 2016. Commencement - 2 Verify source ↗
These Rules shall come into operation on the date
AI-assisted research summary: These Rules start operating on the date they are published in the Gazette.
2. These Rules shall come into operation on the date of publication in the Gazette. Interpretation - 3 Verify source ↗
In these Rules, unless the context requires
AI-assisted research summary: This section defines key terms used in the Rules.
3. In these Rules, unless the context requires Cap. 200 otherwise- “Act” means the Economic and Organised Crime Control Act; “Court” means the Corruption and Economic Crimes Division of the High Court established under section 3 of the Act; “Division” means the Corruption and Economic Crimes Division of the High Court established under section 3 of the Act; “Information” means the Information referred to under the Act; “Minister” means the Minister responsible for legal affairs; and “Registrar” means the Registrar of the High Court, Acting Registrar, a Deputy Registrar and an Acting Deputy Registrar. 3 G.N. No. 267 (contd.) Economic and Organised Crime Control PART II ESTABLISHMENT OF THE REGISTRY AND SUB-REGISTRIES Establishment of Registries
Part
PART II
- 4 Verify source ↗
(1) There is established the registry of the Division
AI-assisted research summary: A registry is established for the Division at Dar es Salaam, with sub-registries listed in the First Schedule. The Court may also sit in other places it directs, and the Registrar must give prior notice of all sittings.
4.-(1) There is established the registry of the Division at Dar es Salaam and such sub-registries as set out in the First Schedule at which original proceedings concerning offences triable under the Act shall be instituted. GN. No 96 of 2005 (2) Without prejudice to sub rule (1), where a sub- registry is established under the High Court Registry Rules, the sub-registry shall be deemed to have been established for the purposes of these Rules. (3) For convenience or any other reason, the Court may hold sittings at such other places as it will direct and the Registrar shall give notice beforehand of all sittings. Register
Part
Schedule at which original proceedings concerning offences
- 5 Verify source ↗
The Court shall cause to be maintained such
AI-assisted research summary: The Court must maintain enough registers to record cases instituted in the Court.
5. The Court shall cause to be maintained such number of registers for the purposes of recording cases instituted in the Court. Title entry in the Registry - 6 Verify source ↗
Where an Information or any other cause has been
AI-assisted research summary: If an Information or other cause is filed in the Division, it must be titled in the specified court heading format.
6. Where an Information or any other cause has been filed in the Division, it shall be titled: “IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA THE CORRUPTION AND ECONOMIC CRIMES DIVISION AT…………….….REGISTRY/SUB-REGISTRY Corruption/Economic Case No. ……of 20………. Misc. Corruption/Economic Cause No. …of 20…” PART III COMMITTAL PROCEEDINGS Transmission of Information for committal
Part
PART III
- 7 Verify source ↗
The Registrar shall, within seven days from the date
AI-assisted research summary: The Registrar must endorse filed information and send a copy with attached documents to the district or resident magistrates’ court within seven days.
7. The Registrar shall, within seven days from the date the information was filed in court, endorse it and transmit a copy thereof together with all documents attached to it to the district or a resident magistrates’ court. 4 G.N. No. 267 (contd.) Economic and Organised Crime Control Committal proceedings before a district or a resident magistrates’ courts - 8 Verify source ↗
(1) Upon receipt of the copy of the Information, the
AI-assisted research summary: The court must bring the accused before it within 14 days, explain the charge and witness material, and then commit the accused for trial after the required address.
8.-(1) Upon receipt of the copy of the Information, the district or a resident magistrates’ court shall, within fourteen days, cause the accused to appear before it for the purposes of conducting committal proceedings. (2) Upon appearance of the accused person before it, the district or a resident Magistrates’ court shall read and explain or cause to be read and explained to the accused person or if need be, interpreted in the language understood by him, the Information brought against him as well as the statements or documents containing the substance of the evidence of witnesses whom the Director of Public Prosecutions intends to call at the trial. (3) After complying with the provisions of sub-rules (1) and (2), the magistrate shall address the accused person in the following words or words to the like effect: “You have now heard the substance of the evidence that the prosecution intends to call at your trial. You may either reserve your defence, which you are at liberty to do, or say anything which you may wish the Information against you. Anything you say will be taken down and may be used in evidence at your trial.” to say relevant to (4) Having addressed the accused in accordance with sub-rule (3) and recorded anything that the accused might have said, the magistrate shall commit the accused for trial by the Court in the following words or words to the like effect: “……….(name(s), you are now hereby committed for trial before the Corruption and Economic Crimes Division of the High Court.” Accused entitled to a copy of proceedings (5) The warrant of commitment for trial shall be in the form set out in the Second Schedule to these Rules. - 9 Verify source ↗
(1) A person who has been committed for trial
AI-assisted research summary: A person committed for trial may get a free copy of the committal record before trial, and the Court must tell the accused about that right when committing them for trial.
9.-(1) A person who has been committed for trial before the Court shall, at any time before the trial, be entitled to obtain a copy of the record of the committal proceedings without payment. 5 G.N. No. 267 (contd.) Economic and Organised Crime Control (2) The Court shall, at the time of committing the accused for trial, inform him of his right under sub-rule (1). (3) Every record of the committal proceedings supplied to the accused pursuant to this rule shall, subject to rule 21, contain a copy of the Information, the statements and documents produced before the district or a resident Magistrates’ court during the committal proceedings. (4) The record of the proceedings referred to under this rule shall be restricted to the proceedings of the day of the accused person’s committal. PART IV TRIAL BEFORE THE COURT Transmission of records of committal proceedings
Part
PART VI
- 22 Verify source ↗
The Registrar shall prepare and submit quarterly
AI-assisted research summary: The Registrar must prepare quarterly returns for the Principal Judge and Chief Justice, listing specified corruption and economic offence information. The Court may also send a special post-trial report to the Chief Justice in appropriate cases, with a copy to the Minister.
22. The Registrar shall prepare and submit quarterly returns to the Principal Judge for onward transmission to the Chief Justice specifying- (a) the total number of corruption and economic offences cases brought before the Court for trial; (b) the number of each type of corruption and economic offence inquired into; (c) the number of persons tried for commission of each type of corruption and economic offence; (d) the orders made by the Court in the trial of each corruption and economic offence; and (e) any other matter which the Chief Justice may require the Registrar to report upon. (2) The Court may, in any appropriate case after the trial, submit a special report to the Chief Justice, a copy of which shall be forwarded to the Minister- (a) concerning or non-criminal professional misconduct, abuse or misuse of office involving corrupt, economic or organised criminal activity by any public official as the basis for a recommendation of his removal or disciplinary action being taken against him; (b) containing recommendations for the control or eradication of any corrupt or economic crimes; and (c) regarding the state and conditions of corrupt, economic and organised criminal activity within the area of the jurisdiction of the Court. 10 G.N. No. 267 (contd.) Economic and Organised Crime Control Amendment of the Schedules - 23 Verify source ↗
The Chief justice may amend the Schedules to
AI-assisted research summary: The Chief justice may amend the Schedules to these Rules from time to time.
23. The Chief justice may amend the Schedules to these Rules from time to time. _________ FIRST SCHEDULE ________ (Under rule 4) ________ REGISTRY AND SUB-REGISTRIES No. Place of sub- registry Areas - 9 Verify source ↗
Section 9
AI-assisted research summary: This provision lists the place names Arusha, Dodoma, Bukoba, Moshi, Mbeya, Mtwara, Mwanza, and Sumbawanga.
9. Arusha Dodoma Bukoba Moshi Mbeya Mtwara Mwanza Sumbawanga - 13 Verify source ↗
Section 13
AI-assisted research summary: This section lists several Tanzanian regions.
13. Songea Tabora Tanga Iringa Dar es Salaam Region, Coast Region and Morogoro Region Arusha Region and Manyara Region Dodoma Region and Singida Region Kagera Region Kilimanjaro Region Mbeya Region and Songwe Region Mtwara Region and Lindi Region Mwanza Region, Mara Region and Geita Region Rukwa Region and Katavi Region Ruvuma Region Tabora Region and Kigoma Region Tanga Region Iringa Region and Njombe Region - 14 Verify source ↗
Section 14
AI-assisted research summary: This form directs the prison superintendent to take the accused into custody and bring him to the Corruption and Economic Crimes Division of the High Court at the Registrar’s specified time and place.
14. Shinyanga Shinyanga Region and Simiyu Region 11 G.N. No. 267 (contd.) Economic and Organised Crime Control _______ SECOND SCHEDULE ________ (Under rule 8(5)) _______ WARRANT OF COMMITMENT OF ACCUSED PERSON COMMITTED FOR TRIAL TO THE CORRUPTION ANDECONOMIC CRIMES DIVISION CORRUPTION AND ECONOMIC FORM IN THE UNITED REPUBLIC OF TANZANIA IN THE DISTRICT/ RESIDENT MAGISTRATES’ COURT OF ………….……….. DISTRICT/……….............................….. AT ………………………………………. CORRUPTION/ ECONOMIC CASE NO. …………………….. TO: THE SUPERINTENDENT OF THE PRISON ……………....................................................…… WHEREAS …………...................................... was charged before this court with the offence(s) of ………………………….................................................................................................................… ………………………………………………………….……………………………………..……… ……………………………………………….………...……………………………………………… ……...................................................................................................................................................... and has been committed for trial to the Corruption and Economic Crimes Division of the High Court; is to This said …………………………………….………..…………………………… into your custody and produce him in the Corruption and Economic Crimes Division of the High Court on the day, time and venue as shall be specified by the Registrar. command authorize receive you and the to Given under my hand and the seal of the court this ….. day of……………..20……… ………………………………………. MAGISTRATE Dar es Salaam , 7th September, 2016 MOHAMED CHANDE OTHMAN Chief Justice 12
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