Criminal law in Tanzania

On Mainland Tanzania, the main sources include the Penal Code, the Criminal Procedure Act and the Evidence Act. Zanzibar applies its own Penal Act 2018 and Criminal Procedure Act 2018. The Court of Appeal of Tanzania provides the binding appellate framework for the Union, but Mainland and Zanzibar rules should not be treated as interchangeable. Zanzibar has its own police, prosecution, prison, legal-aid and court arrangements. Its criminal courts include the High Court, Regional Magistrates Courts, District Courts, Primary Courts and the Children's Court. Kadhi Courts mainly deal with Islamic personal-law matters rather than general criminal jurisdiction. Criminal responsibility generally depends on conduct that falls within a defined offence and on the required intention or negligence. An accident or an act without a voluntary movement will generally not establish responsibility. Self-defence is limited to force that is necessary and reasonable in the circumstances. Attempting an offence, helping another person commit it, conspiracy and helping an offender after the offence can also be criminal offences. Not knowing the law generally does not excuse the conduct. The Penal Code covers offences such as treason and other offences against the state, unlawful assembly and riot, obstruction of justice, false statements, sexual and other morality offences, murder, manslaughter, infanticide, assault, unlawful detention, theft, robbery, burglary, fraud, property damage, arson, forgery and currency offences. Other laws address corruption, economic and organised crime, drugs, terrorism, money laundering, trafficking, wildlife offences, road offences and cybercrime. Civil compensation, general administration and crime statistics belong to adjacent areas unless they directly concern criminal responsibility, prosecution, a criminal sanction or the rights of a harmed person. On Mainland Tanzania, a report can be made at a Tanzania Police Force station, including through the Criminal Investigation Department. A private complaint may also be brought before the appropriate magistrate. Police investigate, collect evidence and may arrest without a warrant where the law permits. The National Prosecutions Service, led by the Director of Public Prosecutions, decides on prosecution, directs criminal prosecutions, coordinates investigations, takes over or ends prosecutions started by another person where permitted, and handles criminal appeals. The Judiciary includes Primary Courts, District Courts, Courts of Resident Magistrates, the High Court and the Court of Appeal. The High Court has unlimited original criminal jurisdiction as well as appellate and review powers. The Haki Jinai Portal can record an event and issue an RB Number and Haki Jinai Number before investigation, preparation of the case file, filing of a charge document, registration of the case and court proceedings. Access to the portal and the 115 hotline varies by region. A police report does not guarantee a prosecution, a particular duration or a conviction. The result depends on the facts, evidence, offence, jurisdiction and prosecutorial decision. A person under restraint can usually be interviewed for four hours, with extensions allowed under the Criminal Procedure Act up to a maximum of eight hours. Travel time, contact with a lawyer and required notifications are treated separately under the applicable rules. Interview records should include the caution and relevant time details. A person may ask for the officer's name, rank and station. Searches and seizures follow the Criminal Procedure Act, with a search warrant or a statutory exception where applicable. An arrested person should be brought before the first available court session, subject to bail rules. After a bail application, the appearance should occur within 24 hours or within a practicable reasonable time under the governing law. Bail assessment can consider the likelihood of appearing, community ties, the seriousness of the allegation, the strength of the evidence, preparation for legal advice, community protection and the risk of influencing witnesses. Police bail may use a written undertaking, conduct conditions, a surety, security or a deposit. A refusal should be explained in writing. A formal charge identifies the offence, its legal basis and the specific particulars. The accused may plead guilty or not guilty, challenge evidence, cross-examine prosecution witnesses, present a defence, apply for bail and appeal or seek review where the law allows. An accused may have legal advice and representation, a right to understand the charge, and rights connected with a fair hearing and applicable rules on answering questions or remaining silent. An alibi should be disclosed as early as practicable. During an adjournment, a remand order can last for up to 15 days at a time. Courts generally sit in public, although restrictions can protect children, witnesses or other persons. Electronic evidence can be admissible under the Evidence Act. Plea bargaining requires a written agreement in language the accused understands, support from an advocate or suitable trusted person, and prior written approval from the DPP. The court checks competence and voluntariness. An agreement may cover a lesser offence or count, withdrawal of a count, compensation, restitution or forfeiture. It generally involves waiving a full trial and substantially limiting appeal rights. The law excludes plea bargaining for some offences, including sexual offences carrying more than five years of imprisonment, offences involving a victim below 18, treason and other specified categories. Mainland legal aid is available through a legal-aid provider for an indigent person who meets the provider's procedure. A court can certify insufficient means and the interests of justice, and an application can be made by an eligible person or institution. Advocates, lawyers and paralegals may provide legal aid. Practical access may begin at a court, police station or prison. Private counsel may charge fees, and bail can create separate surety or deposit costs. There is no single nationwide case cost or duration because the offence, court, region, evidence, bail position and legal-aid status change the work required. Possible Mainland sanctions include imprisonment, a fine instead of or in addition to imprisonment where the offence allows it, community service, probation, conditional or absolute discharge, police supervision in applicable cases, forfeiture, recovery of proceeds, compensation and restitution. Parole has an institutional framework under the Parole Boards Act, while the Prisons Act covers custody, remand, discipline, welfare and rehabilitation. The death penalty remains legally available for certain grave offences and is carried out through the legally prescribed presidential procedure. Corporal punishment requires an express legal basis. Victims can report an offence to the Tanzania Police Force, but criminal prosecution remains a public function of the DPP and National Prosecutions Service. Witness-care rules address physical, psychological and economic well-being, dignity, privacy and the reduction of renewed victimisation or trauma. Protection measures depend on the case and may limit public, media or accused-person exposure. A plea agreement can include compensation or restitution, and forfeiture can address criminal proceeds. Compounding is available only where the law allows it, requires the consent of both parties and is intended to operate within an approximate 30-day period. A criminal judgment does not automatically provide compensation; a related civil claim may require a separate or transitional assessment. For children accused of offences on Mainland Tanzania, a child is under 18. A child below 10 has no criminal responsibility, and a child aged 10 to below 12 is responsible only when the prosecution proves sufficient understanding. An unlawful act by a child below 12 follows the Law of the Child Act rather than ordinary criminal responsibility. The Law of the Child Act and Juvenile Court Procedure Rules govern juvenile proceedings. The Juvenile Court should explain the charge in simple language, provide bail consideration, avoid detention with adults and use a fit person, institution, retention home or another approved facility where remand is necessary. A Social Welfare Officer report, probation or approved-school measures may be relevant, and child legal aid requires certification. Zanzibar uses the Children Act 2011 and a specialised Children's Court, so Mainland procedures cannot simply be transferred there. Mainland road offences are governed by the Road Traffic Act and, for some conduct, the Penal Code. They include licensing and vehicle-compliance offences, dangerous or reckless driving, negligent driving, driving under the influence, and duties after a collision to stop, report or cooperate. Police road-traffic systems handle enforcement, summonses, fines and prosecution, but the exact offence and sanction depend on the Act, regulations and facts. Zanzibar has its own motor-vehicle and criminal-law structure. The Cybercrimes Act addresses illegal access or remaining in a system, interception, data espionage, interference with data or systems, illegal devices, computer forgery or fraud, identity crime, child pornography, pornography, false information, unsolicited messages and unlawful disclosure of investigation information. It also provides investigation powers concerning electronic evidence, production and seizure. Illegal access can attract at least TSh 3 million or three times the undue advantage, or at least one year of imprisonment, subject to the statutory offence and facts. The Evidence Act governs admissibility of electronic evidence, and the National Prosecutions Service has a 2025 standard operating procedure for cybercrime investigation and prosecution.