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    CRIMINALPROCEDURENOTESINTANZANIA-MkundiLegalservice 1712900611865

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    CRIMINALPROCEDURENOTESINTANZANIA-MkundiLegalservice 1712900611865

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    CRIMINALPROCEDURENOTESINTANZANIA-MkundiLegalservice 1712900611865

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    Mkundi Legal service


    Ignoracia juris non excusat

     ACT CASES DOCUMENTS FEATURE LEGISLATION MOOT COURT CONTACT ME 

    Home  Criminal procedure  CRIMINAL PROCEDURE NOTES IN TANZANIA CATEGORIES

    CRIMINAL PROCEDURE NOTES IN Act Administrative Law

    Civil Procedure Constitution


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    TANZANIA Criminal Law Criminal Procedure

    by Eddo - 5 years ago Criminology & Penology Documents

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    CRIMINAL PROCEDURE NOTES IN TANZANIA
    Insurance Law Law Of Contract

    INTRODUCTION Law Of Evidence Law Of The Child


    Criminal procedure law entails a frame work of laws and rules that govern the administration of justice in Law Of Torts Legal Methods Legislation
    cases involving individuals accused of committing crimes. The procedure begins with the initial investigation
    Moot Court Tort Law
    of the crime and concluded with either unconditional release of the accused by the virtual of the acquittal or
    by imposition of s term of punishment pursuant to conviction for the crime. Criminal procedure laws are the
    CONTACT FORM
    safeguards against the indiscriminate of the application of criminal laws and unjust treatment of the
    criminals. Criminal procedure laws are there to ensure that “Rule of Law” which is important for the health Name
    society is observed. The need of observing the rule of law was when explained by the words of Justice Katiti
    in the case of JOSEPH MASUNZU V REPUBLIC CRIMINAL APPEAL NO. 3 OF 1991. According to him he said
    as follows: “….We can’t peaceful make our journey through life without the law telling us the light direction to Email *
    follow, and sometimes even the time to follow and when to start our journey and through which route….” Thus
    by adhering to “Rule of Law” which ensure justice that is why in the case of KAMUNDI V. REPUBLIC [1957] EA
    Message *
    540. In this case it was held that the all purpose and intention of criminal procedure is to laid down provisions
    and procedures to see that justice is done. Generally law is categorized into two branches that are
    Substantive law and Procedural law.

    DIFFERENCES BETWEEN SUBSTANTIVE AND PROCEDURAL LAW


    Send
    Substantive laws refer to the written laws or statutory laws which govern the relationship between people or
    between people and state.
    For example the Law of Contract Act, The Penal Code, the Land Act.
    Procedural laws on the other hand entails body of laws establishing the methods or procedures of enforcing
    rights or obtaining redress for the invasion of rights provided in the substantive law.
    For example Criminal Procedure Act, Civil Procedure Act, The Law of Limitation Act. When there is an ongoing
    trial substantive law is a branch of legal industry which will define the crime and punishments to which the
    accused will be subjected.
    It is also the branch of law which defines rights and responsibilities of an individual.
    Procedural on the other hand is the law which provides a state with the machinery to enforce right and duties
    as defined in substantive law.
    It is the step by step process that the case will go through that is from Arrest-Investigation-Trial-Conviction.

    DIFFERENCES BETWEEN CIVIL PROCEDURE AND CRIMINAL PROCEDURE


    Civil procedure is the written set of rules that sets out the process that the court will follow when hearing
    cases of civil nature. Criminal procedure on the other hand entails the frame work of laws that govern the
    administration of justice in cases involving an individual who has been accused of a crime.
    Criminal procedure is different from civil procedure because the burdens and results are dramatically
    different. In criminal matters action is taken by the state against an individual or organization for violation of
    law. 
    In case an accused person has been convicted of crime he can put-on probation or ordered to pay fine or
    confined to serve term in jail.
    In civil matters the controversy is between individuals and it is put to one of them to bring an action against
    the other.
    The rules of criminal procedure are different from civil procedure because the results and objectives of the
    litigation differ.
    Criminal procedure rules are generally designed to protect right of the suspect and the accused person.
    Civil procedure rules on the other hand are designed to give both parties a set of equal rules to go by.

    SOURCES OF CRIMINAL PROCEDURE

    I. CONSTITUTION
    Constitution is a document or scheme that establishes a country’s government, defines powers and limits of
    three arms of the state that is the Parliament, Judiciary, and Executive, and the necessary checks and
    balances in the manner the three arms are suppose to function. It also defines the relationship between the
    state and its citizen in terms of rights and obligations.
    Constitution is the fundamental law of any country, In Tanzania we have two written constitution namely:
    1. The Constitution of the United Republic of Tanzania of 1977 as amended time to time.
    2. The Zanzibar Constitution of 1984. Constitution is said to be the source of criminal procedure because
    principally the validity of any written law is determined against what is contained in the constitution.
    No law is valid if it is contravenes any of the provisions of constitution in terms of sprit or procedure or
    otherwise.
    On the premise or basis no criminal procedure law is valid if it contravenes any provisions contained in the
    constitution.
    Article 13 of the Constitution of the United Republic of Tanzania of 1977 provides for the right to fair hearing.
    Therefore if there is any law of criminal procedure that is against what is contain in article 13 then that law
    would be illegal. The constitution contain also the fundamental rules of criminal justice, one of them is the
    presumption of innocence that is the person is presumed to be innocent unless otherwise is proved beyond
    reasonable doubt as provided under article 13(6) of the Constitution of the United Republic of Tanzania.
    Therefore no law of criminal procedure is valid if it creates the presumption of guilty before the same been
    proved. Again no person is to be punished for an offence which does not exist as per article 13(6)c of the
    Constitution of the United Republic of Tanzania. Therefore they can never be a criminal procedure which
    allows a punishment of a person for a nonexistent offence as that rule would be illegal.

    II. STATUTES
    Statutes can simply defined as a piece of legislation enacted by or under the authority of the parliament.
    Those which are enacted by the parliament are called
    PRINCIPAL OR PARENT LEGISLATION for example The Criminal Procedure Act, The Law of Limitation Act,
    and National Security Act. On the other hand those statutes which are made under the authority of parliament
    are commonly known as
    SUBSIDIARY LEGISLATION. They are normally enacted by the Minister, Principal Secretaries or
    Commissioners under a specific authority given by to them by the Principle legislations. One of the examples
    of subsidiary legislation is Accelerated Trial and Disposal of Cases Rules of 1988 made as a GN NO. 192 of
    1988. This law was made under section 192 of the Criminal Procedure Act. Therefore reading of those
    statutes reveal procedural provisions relating the intended subject matter for example section 4(1) of the
    Criminal Procedure Act provides that all offences under the Penal Code shall be inquired into, tried and
    otherwise dealt with according to the provisions of this Act. Section 4(2) provides that all offences under any
    other law shall be inquired into, tried and otherwise dealt with according to the provisions of this Act, except
    where that other law provides differently for the regulation of the manner or place of investigation into, trial or
    dealing in any other way with those offences. What can be observed from section 4 is that once an offence is
    committed under the Penal Code procedures to be followed are those contained in the Criminal Procedure
    Act. Further there are some other laws of criminal nature which may require different procedures in relation to
    crimes committed against the provisions of those Laws for instance in Tanzania we have an Economic and
    Organized Crimes Control Act Cap 200 Revised Edition 2002. Therefore if no other procedures in required by
    the other laws than the procedures to be followed are those provided by the Criminal Procedure Act.

    III. INTERNATIONAL LAW


    International law entails a total of norms accepted by the international community to regulate relation
    between state and also between states and their subjects. International law is also one of the sources of
    criminal procedure especially in the areas of human right promotion and protection. There a number of
    international convections which have a direct bearing to the administration of criminal justice. One of the
    convection of this nature is the convention of the right of the child of 1990. This convention protects the child 
    under the age of 18 years against capital punishments or life imprisonment and calls of a separate detention
    facilities from adults.
    IV. PRECEDENTS
    These are judgments or decisions of courts of law sighted as authority for deciding similar sets of facts
    because of legal principles contained in them. As a rule courts are expected to be bound by their previous
    decision as guidance for deciding matters at issue.

    V. BILATERAL AGREEMENT
    The mutual assistance in criminal matters Act empowers the Attorney General on behalf of the government
    to enter bilateral agreement for the enforcement of the criminal law and procedure. One of such agreement
    have been entered in Tanzania is EXTRADITION TREAT that exist between Tanzania and Kenya and many
    other countries. This treat has got some procedural aspects relevant to the criminal law.

    Tags : Criminal procedure

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