The Criminal Procedure Act

After a death sentence case is finalized, the judge or magistrate must send the trial notes and a signed report to the President, and the President must then communicate the decision and issue the appropriate warrant, commutation order, or pardon.

A court may discharge an offender without convicting them if the charge is proved and the court thinks punishment is unnecessary or conditional discharge is appropriate.

The sentencing judge or magistrate must issue a warrant for imprisonment sentences, and prison officers and others have full authority to carry out the sentence, except for death sentences.

A warrant can be used to levy money owed by distress and sale of property, but immovable property should not be sold if enough movable property is available to satisfy the order.

A person claiming an interest in attached property may object in writing to the court before sale proceeds are received, and must support the claim with a short statement and affidavit.

The court may suspend imprisonment in default of payment, release the offender on a bond, and set up or extend payment arrangements.

If the officer executing a warrant of distress reports no property or not enough property to levy the money and expenses, the court may commit the person ordered to pay to prison for a time set in the warrant unless payment is made sooner.

The court may commit a person to prison instead of or after a warrant of distress if selling the property would be ruinous, there is no property to seize, or there is some other sufficient reason.

A person committed for non-payment may pay the sum in the warrant, plus any authorised expenses, to the custodian, and the custodian must release the person if there is no other reason for custody.

If a prisoner pays part of the amount owed, the prison term is reduced proportionally, and the prison officer must bring the person before a court on request.

A warrant to execute a sentence may be issued by the judge or magistrate who passed the sentence, or by that person’s successor in office or jurisdiction.

A court may release a convicted offender on probation instead of sentencing them at once, subject to a bond and conditions.

If an offender breaks recognisance conditions, the court may issue an arrest warrant and then decide on custody, bail, and sentence.

Before releasing an offender under section 338, the court must be satisfied that the offender or any surety has a fixed home or regular job in the relevant place, or is likely to live there during the condition period.

A court may release a convicted offender to community service instead of prison if the offence is not punishable by death and the court considers the offender’s circumstances or the offence to justify it.

Sections 337, 338, and 339 do not apply in Mainland Tanzania areas where the Probation of Offenders Act applies.

A court may order police supervision for certain convicted persons, for up to five years after release from prison.

A court may require a person under police supervision and at large in Tanzania to live in a specified district and follow related residence and reporting restrictions.

A person subject to police supervision in Tanzania who ignores a requirement under section 342 or related rules can commit an offence and be imprisoned.

The court may correct defects in an order or warrant, and certain errors or omissions will not make the act invalid if the order or warrant is based on a valid conviction or judgment.

A High Court judge or magistrate may order a convicted person to pay reasonable costs to the prosecutor, and may also order a private prosecutor to pay costs to an accused person in specified acquittal or discharge cases.

An appeal may be taken against a costs order under section 345: to the High Court if made by a magistrate, or to the Court of Appeal if made by a judge.

If an accused person is acquitted and the court thinks the charge was frivolous or vexatious, the court may order the complainant to pay compensation and costs.

Courts may order compensation after certain convictions, and compensation cannot be paid until appeal time has passed or any appeal is decided.

If a court convicts someone of a sexual offence, it must also order compensation to be paid to the victim.

If costs or compensation are not paid, the person in default may be imprisoned for up to six months unless payment is made sooner.

A court may use all or part of a fine to cover prosecution expenses or pay compensation, and later civil courts must consider compensation already paid or recovered.

A court may forfeit or confiscate property connected to an offence, and may also order it kept, sold, destroyed, delivered, or paid into the Consolidated Fund in some cases.

If a court has ordered forfeiture or confiscation of an article, the court or a justice of the peace may issue a search warrant when sworn information shows the article is likely at a place or premises and access has been refused or is expected to be refused.

A court may dispose of unclaimed evidence in criminal proceedings, return it in justice and equity, and must handle sale proceeds as directed.

After a conviction, the court may order destroyed certain obscene or defamatory publications, or certain noxious or adulterated food, drink, drugs, or medical preparations.

A court may order restored movable property to a person dispossessed by criminal force, if the court thinks fit.

A public officer with duties connected to selling property under the Act must not buy or bid for that property.

When a charged person is apprehended and property is taken, the court may order the property returned to the entitled person or used to pay a fine, costs, or compensation.

If a person is convicted of certain property-related offences and the case is brought by or for the owner, the property is to be restored to the owner or the owner’s representative. The court can also order restitution, subject to stated exceptions and appeal rules.

A person aggrieved by a subordinate court decision may appeal to the High Court, and the court must tell them the time limit and steps for appealing.

This section limits appeals in certain criminal cases, especially after a guilty plea and for some low-sentence cases, with limited exceptions.

An appeal from the listed finding, sentence, or order cannot be entertained unless the appellant gives notice and files the petition within the stated time limits, but the High Court may allow a late appeal for good cause.

An appeal must be filed as a written petition by the appellant or the appellant’s advocate, and it normally must include a copy of the proceedings, judgment, or order being appealed and details of the alleged errors of law or fact.

If the appellant is in prison, the appellant may give the appeal petition and copies to the prison officer, who must send them to the Registrar of the High Court.

The High Court must review the petition and required copy, may summarily reject certain appeals if the stated grounds are met, and must notify the Director of Public Prosecutions of any such order.

If the appeal is not dismissed summarily, the High Court must notify the appellant or advocate and the Director of Public Prosecutions of the hearing time and place, and provide the Director with the proceedings and grounds of appeal; notice to the appellant or advocate is not required if the petition says the appellant will not attend and will not use an advocate.

This section sets out who may speak at an appeal hearing, the appellant’s right to be present, and the High Court’s powers on appeal.

When the High Court decides an appeal, it must certify its judgment or order to the court that made the original conviction, sentence, or order, and that court must then make orders matching the High Court’s decision.

After an appeal is entered, the convicting court may release a sentenced person on bail or suspend the sentence pending the appeal.

On an appeal from a subordinate court, the High Court may take additional evidence itself or have a subordinate court take it, and must record its reasons if it thinks the evidence is necessary.

Appeals from subordinate courts are usually heard by one High Court judge. The Chief Justice may direct that a particular appeal be heard by two or more High Court judges, and that direction must be made before the hearing or before judgment. If the High Court is equally divided, the appeal is dismissed.

An appeal may be withdrawn before hearing by written notice to the Registrar signed by the appellant or the appellant’s advocate.

An appeal from a subordinate court generally ends if the appellant dies, except an appeal from a sentence of fine.

The High Court may call for and examine records of criminal proceedings from a subordinate court, but revision is not allowed for preliminary or interlocutory decisions unless they finally determine the criminal charge.

The High Court may revise subordinate court proceedings, change convictions or other orders, and in some cases increase sentences, but it cannot prejudice an accused person without hearing them first.

The High Court may hear revisional proceedings and a single judge may make or pass the judgment or order.

If the High Court revises a case, it must certify its decision or order to the court that made the revised sentence or order, and that court must make orders consistent with the certified decision and amend the record if needed.

This section defines “Director of Public Prosecutions” and “respondent” for the following section, unless the context requires otherwise.

The Director of Public Prosecutions may appeal certain subordinate court decisions to the High Court, and the appeal can raise both facts and law.

An appeal under section 378 is not entertained unless the Director of Public Prosecutions, or someone acting on his instructions, gives notice and files the petition within the stated time limits, subject to a possible High Court extension for good cause.

An appeal under section 378 must be filed by the Director of Public Prosecutions as a written petition, and it normally must include a copy of the proceedings, judgment, or order appealed against unless the High Court directs otherwise.

If an appeal petition is lodged, the High Court must notify the respondent or the respondent’s advocate, state when and where the appeal will be heard, and include copies of the petition and the appealed decision. If the respondent cannot be found, the notice is published in a newspaper three times and the appeal may continue without the respondent.

This section lets the Director of Public Prosecutions and the respondent (or the respondent’s advocate) address the court on an appeal, and gives the court several options for deciding the appeal.

If an appellant or advocate does not appear for an appeal hearing, the High Court may dismiss the appeal; in some cases it may hear the appeal without the appellant, adjourn it, or later re-admit a dismissed appeal.

When hearing an appeal under section 378, the High Court may take additional evidence itself or have a subordinate court take it, but it must record its reasons and the evidence must be taken in the respondent’s or advocate’s presence.

Section 370 applies to appeals under section 378.

The Director of Public Prosecutions may withdraw an appeal before the hearing by written notice to the Registrar, and the appeal is then marked withdrawn.

An appeal under section 378 ends if the respondent dies.

A court generally must not reverse or alter a finding, sentence, or order because of procedural errors or irregularities, unless the error caused a failure of justice; in that case, the court may order a retrial or another just and equitable order.

The High Court may issue writs and make procedural rules for cases under this section.

The High Court may issue any writ in its criminal jurisdiction.

Affidavits and affirmations for use before the High Court may be sworn or affirmed before specified officials.

An applicant must serve the respondent with a copy of a written application within 30 days after filing it.

A person affected by a judgment or order may get a copy from the court on application; copies of depositions or other record parts are payable unless the court allows them free.

The High Court may approve forms, and those forms may be used with variations based on each case’s circumstances.

A court may order Government to pay reasonable expenses of an assessor, complainant, or witness attending court, subject to any rules made by the Minister.

The Minister may make rules to keep a computerised DNA database system for enforcing sexual offences under the Penal Code.

This section repeals the Criminal Procedure Code, while preserving savings.

A person who aids, abets, counsels, or procures an offence is punished the same as for that offence.

This provision lists offences affecting relations with foreign states and external tranquillity, together with whether a police officer may arrest without warrant and the punishment for each offence.

This section appears to list offences and related punishments, including foreign enlistment and piracy, with imprisonment terms shown in a table.

The provision lists a series of offences and indicates for each whether arrest without warrant is allowed or not allowed.

This text lists criminal offences and their penalties, including assembling for smuggling and several offences involving abuse of office, false claims, false certificates, and related conduct.

For contempt of court committed in view of the court, arrest without warrant is allowed.

This section is about preventing or obstructing the service or execution of process.

This excerpt lists offences and penalties, and mentions when a police officer may arrest without warrant.

The table links certain offences to arrest without warrant rules and imprisonment terms.

A police officer may arrest without warrant in relation to rape.

This section/table lists offences, the court that tries them, and associated punishments.

This text lists offense headings covering abduction, sexual assault, defilement, gross indecency, sexual exploitation of children, grave sexual abuse, and sexual harassment.

This fragment lists offences and possible penalties, including procuration for prostitution and trafficking of persons.

The provided text does not include a full rule for section 146; it mainly lists offence headings and a citation to the Criminal Procedure Act.

This section lists offences including brothel keeping, defilement-related conduct, abortion-related conduct, unnatural offences, indecent assault of a boy under fourteen, indecent practices between males, and incest by males.

The text is a fragment listing imprisonment penalties, but it does not clearly state the full rule or who it applies to.

This section lists offence headings including fraudulent pretence of marriage, sham marriage, desertion of children, neglect to provide food for children, failure by a master to provide for servants or apprentices, and child stealing.

This provision concerns cruelty to children and includes arrest and punishment entries such as imprisonment and fines.

The text refers to offences including common nuisance, keeping or being found in a common gaming house, and pyramid or similar offences, and says arrest should not be made without a warrant.

This section lists certain offences and penalties, including arrest without warrant for some cases, and imprisonment or fines for others.

This section concerns being an idle or disorderly person.

The text says arrest must not be made without a warrant.

A rogue or vagabond may be arrested without a warrant.

This provision lists offences for failing to account for money collected by public subscription and for wearing a uniform without authority.

The provision lists several offences, including improper use or sale of uniform, spreading dangerous disease, food and drug adulteration, fouling public water, making the air unhealthy, and carrying on offensive trade.

This section fragment refers to murder and manslaughter, mentions a police officer arresting without warrant, and shows death as the punishment.

This section lists murder, murder where the convicted woman is pregnant, manslaughter, and infanticide.

The table indicates whether a police officer may arrest without warrant for the listed offence entry, and shows imprisonment penalties including life imprisonment and seven years in the surrounding table.

This provision lists offences including accessory after the fact to murder, written threats to murder, conspiracy to murder, aiding suicide, attempted suicide, concealing the birth of a child, and child destruction.

A police officer may arrest without a warrant, including for acts intended to cause grievous harm or prevent arrest.

The text fragment lists offences connected to wrecks and railway safety, with imprisonment penalties.

This provision lists conduct involving intent to cause harm, including grievous harm, injury by explosive substances, and administering poison with intent to harm.

This fragment lists an offence involving failing to provide necessaries of life and shows imprisonment penalties tied to the section.

This section lists several offences, the punishment for each, and whether a police officer may arrest without a warrant.

The text appears to list assault-related matters, including whether a police officer may arrest without warrant and possible imprisonment terms of one year or five years.

This fragment is incomplete, but it appears to list offences and imprisonment terms, including five years and seven years.

This section lists kidnapping or abduction forms tied to murder, confinement, or grievous harm and slavery-related purposes.

The section lists several prohibited acts involving kidnapping, slavery, wrongful confinement, and unlawful compulsory labour.

A police officer may arrest without warrant.

This provision says a police officer may arrest without a warrant.

This provision lists stealing-related offences and the imprisonment terms that apply to them.

The provision refers to concealing registers and says arrest may be made.

This section lists offences including concealing wills, concealing deeds without warrant, and killing animals with intent to steal.

Severing with intent to steal is punishable by imprisonment for ten years.

This section lists several fraud-related offences and their penalties, including imprisonment terms and fines.

A police officer may arrest without warrant.

This section is labeled “Attempted robbery with violence.”

This section identifies assault with intent to steal.

This section refers to demanding property by written threats and lists related punishments and trial courts.

This excerpt lists several offences and their punishments, including imprisonment terms and whether a subordinate court may try the offence.

This provision lists a set of offences and aggravating circumstances, including entering a dwelling-house to commit a felony, breaking into a building, criminal trespass, and related factors.

This section lists several false-pretence and fraud-related offences and gives the imprisonment term for each.

This provision refers to receiving or retaining stolen or unlawfully obtained property, and to failing to account for possession of property suspected to be stolen or unlawfully obtained.

This fragment mentions that a police officer may arrest without warrant and lists several imprisonment terms.

This section lists certain offences, their punishments, and states that a police officer may arrest without warrant.

This section lists offences involving destroying or damaging different kinds of property, including some items with explosives.

This section lists offences and their penalties, including imprisonment terms and one fine.

The text includes a prohibition on arrest without warrant and mentions penalties including a fine of five thousand shillings per note defaced, default imprisonment for one year, and imprisonment for a term not exceeding ten years.

This section lists forgery-related offences and related punishments, and says a police officer may arrest without warrant.

The text lists several forgery-related offences and gives imprisonment penalties, including seven years for one group and three years for another.

Wrongfully issuing notes is an offence punishable by up to five years’ imprisonment.

The table lists counterfeiting-related offences and their punishments, including imprisonment terms and, for some offences, arrest without warrant.

This provision concerns possession of dies or paper used to make revenue stamps or postage stamps.

This section appears to concern counterfeiting and trade marks, but the provided text does not state the rule.

This provision lists personation-related offences and associated punishments, including imprisonment for two years or the same punishment as forgery of a certificate.

This section lists offences involving personation and lending a testimonial of character for personation, with imprisonment penalties.

This section concerns when a police officer may arrest without a warrant and lists imprisonment terms tied to the section.

The provision mentions conspiracy to commit an offence and allows arrest without warrant.

This section concerns conspiracy to commit an offence.

This section mentions conspiracy to effect certain specified purposes and indicates imprisonment penalties of seven years and two years.

This schedule shows when a police officer may or may not arrest without warrant for listed offences, and it lists the related punishments.

This text is a murder charge alleging that A.B. murdered J.S. contrary to section 196 of the Penal Code.

This section describes accessory after the fact to murder: a person who, knowing someone committed murder, later receives or helps that person to help them escape punishment.

This text is a manslaughter form/template and includes an example allegation of unlawfully killing J.S. It also mentions rape as the particulars of offence reference.

This section states a rape allegation: A.B. had carnal knowledge of E.F. without her consent.

This text is a charge-style example describing wounding with intent, unlawful wounding, and stealing counts.

This text lists offence particulars involving theft, receiving stolen goods, and stealing by clerks or servants.

This text is a theft-by-clerk offence example: a clerk or servant to M.N. is said to have stolen 10 yards of cloth from M.N.

This section states particulars of a robbery offence: A.B. is said to have stolen a watch and used personal violence to C.D., with references to burglary and stealing provisions.

This section gives burglary charge particulars: it says A.B. allegedly broke into C.D.’s dwelling at night, stole a watch, and also mentions demanding property by written threats.

This provision describes an attempted extortion by threats: A.B. is said to have caused C.D. to receive a threatening letter aimed at extorting money.

It describes a person accused of threatening to accuse another person of an unnatural offence in order to extort money.

This provision gives a sample charge for false pretences: a person allegedly obtained cloth by pretending to be authorized by another person.

This text states particulars of alleged offences: conspiracy to defraud by false newspaper advertising, and arson contrary to section 319 of the Penal Code.

This provision states an arson offence: A.B. is described as wilfully and unlawfully setting fire to a house, with a reference to damaging trees and section 326 of the Penal Code.

This text states that A.B. wilfully and unlawfully damaged a mango tree, and also refers to a first count of forgery contrary to section 338 of the Penal Code.

This provision text sets out offence particulars for forging a will, uttering a forged will, and uttering counterfeit coin.

This text describes a charge that A.B. uttered a counterfeit shilling while knowing it was counterfeit.

This section sets out the particulars of a perjury allegation against a witness who knowingly gave false testimony in a High Court trial.

This text lists two charges: publishing defamatory matter and fraudulent false accounting, each said to be contrary to a Penal Code section.

This text gives particulars of an offence: a clerk or servant allegedly made, or helped make, a false entry in an employer’s cash book, or omitted a material particular from it, with intent to defraud.

This provision states theft-by-agent particulars: A.B. is alleged to have stolen two thousand shillings that had been entrusted to him for safe custody, and separately two thousand shillings received by him for and on account of L.M.

This provision is a form for recording a previous conviction and related certificates for photographic prints and handwriting evidence.