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Criminal Law

Criminal Law

Family Law Issues:

  • Drug Abuse and Trafficking
  • Assault
  • Driving under the influence - DUI/DWI
  • Burglary
  • Theft
  • Fraud
  • Robbery
  • Embezzlement
  • Vandalism
  • Sexual Assault
  • Cybercrime
  • Domestic Violence
  • Stalking
  • Kidnapping
  • Homicide
  • Arson
  • Human Trafficking
  • Trespassing
  • Disorderly Conduct
  • White-Collar Crime

Criminal Law

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Criminal law in Arusha, Tanzania, operates under the Tanzanian legal system, primarily governed by the Penal Code (Cap 16) and the Criminal Procedure Act (Cap 20), supplemented by other statutes and regulations. Arusha, as a major city hosting regional courts and international tribunals like the African Court on Human and Peoples’ Rights, has a robust legal framework for criminal matters. Below is an overview of criminal law in Arusha, key institutions, and practical information for navigating the system.

Know Your Rights

Key Aspects of Criminal Law in Arusha
Legal Framework:
Penal Code (Cap 16): Defines criminal offenses such as theft, assault, murder, drug-related crimes, and corruption, along with their penalties.

Criminal Procedure Act (Cap 20): Outlines procedures for arrests, trials, bail, and appeals in criminal cases.

Other Relevant Laws:
Evidence Act (Cap 6): Governs the admissibility of evidence in criminal trials.

Anti-Money Laundering Act and Drugs and Prevention of Illicit Trafficking in Drugs Act: Address specific crimes like financial misconduct and drug offenses.

Economic and Organized Crime Control Act: Covers serious offenses like corruption and organized crime.

Tanzania’s legal system blends statutory law with customary law in some instances, though criminal law primarily follows statutory provisions.

Jurisdiction and Courts in Arusha:
Primary Courts: Handle minor criminal cases (e.g., petty theft, minor assaults).

District Courts: Deal with more serious offenses, such as robbery or drug possession.

High Court of Tanzania (Arusha Sub-Registry): Hears major criminal cases like murder or treason and serves as an appellate court for lower court decisions.

Court of Appeal: Located in Dar es Salaam but accessible for appeals from Arusha’s High Court.

Specialized Tribunals: Arusha hosts the African Court on Human and Peoples’ Rights, which may address criminal matters involving human rights violations, though its jurisdiction is limited to cases brought by states or organizations.

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  • Jurisdiction and Courts in Arusha:
  • Primary Courts: Handle minor criminal cases (e.g., petty theft, minor assaults).

  • District Courts: Deal with more serious offenses, such as robbery or drug possession.

  • High Court of Tanzania (Arusha Sub-Registry): Hears major criminal cases like murder or treason and serves as an appellate court for lower court decisions.

  • Court of Appeal: Located in Dar es Salaam but accessible for appeals from Arusha’s High Court.

  • Specialized Tribunals: Arusha hosts the African Court on Human and Peoples’ Rights, which may address criminal matters involving human rights violations, though its jurisdiction is limited to cases brought by states or organizations.

  • Common Criminal Offenses in Arusha:

  • Theft and Robbery: Common in urban areas, with penalties ranging from fines to imprisonment.

  • Drug Offenses: Strict laws govern drug possession, trafficking, and use, with severe penalties, including life imprisonment for trafficking.

  • Assault and Violent Crimes: Penalties vary based on severity, from fines for minor assault to life imprisonment or death for murder.

  • Corruption: A significant issue, prosecuted under anti-corruption laws, often involving public officials.

  • Wildlife-Related Crimes: Given Arusha’s proximity to national parks, poaching and illegal wildlife trade are prosecuted under conservation laws.

  • Criminal Justice Process:

  • Arrest: Police may arrest with or without a warrant, depending on the offense. Suspects must be informed of charges and brought before a court within 24 hours (or as soon as practicable).

  • Bail: Available for most offenses, except capital crimes like murder or treason, at the court’s discretion.

  • Trial: Conducted in open court, with the accused entitled to legal representation. Trials follow an adversarial system, with the prosecution bearing the burden of proof.

  • Sentencing: Ranges from fines and community service to imprisonment or, in rare cases, the death penalty (though rarely enforced).

  • Appeals: Decisions from lower courts can be appealed to the High Court, and further to the Court of Appeal.

Family Law Organizations

  • Key Institutions in Arusha
  • Arusha Regional Police: Handles criminal investigations and arrests. Contact the regional police headquarters for assistance or to report crimes.

  • Office of the Director of Public Prosecutions (DPP): Oversees prosecutions in criminal cases. The DPP’s office in Arusha coordinates with police and courts.

  • Tanganyika Law Society (TLS): Provides referrals to licensed criminal defense advocates. Contact TLS for a list of qualified lawyers in Arusha.

  • Legal Aid Organizations: Organizations like the Legal and Human Rights Centre (LHRC) offer free or low-cost legal assistance for indigent defendants in Arusha.

  • Finding a Criminal Law Advocate in Arusha

  • To engage a criminal law advocate, consider Moses Mahuna Advocate

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