Collections
Related documents
Tanzania
Economic and Organised Crime Control Act
Chapter 200
- Commenced on 25 September 1984
- [This is the version of this document as it was at 30 November 2019 to 7 March 2022.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2007 (Act 2 of 2007) on 6 April 2007]
- [Amended by National Prosecutions Service Act, 2008 (Chapter 430) on 9 June 2008]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2009 (Act 3 of 2009) on 20 March 2009]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2010 (Act 2 of 2010) on 26 March 2010]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2011 (Act 3 of 2011) on 10 June 2011]
- [Amended by Written Laws (Miscellaneous Amendments) (No.2) Act, 2012 (Act 6 of 2012) on 27 July 2012]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2016 (Act 3 of 2016) on 8 July 2016]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Economic and Organised Crime Control Act.2. Interpretation
Part II – The Corruption and Economic Crimes Division of the High Court
Establishment and composition of the Court
3. Establishment, composition and jurisdiction of Court
4. ***
[repealed by Act No. 3 of 2016 s. 8A]5. ***
[repealed by Act No. 3 of 2016 s. 8A]6. ***
[repealed by Act No. 3 of 2016 s. 8A]7. ***
[repealed by Act No. 3 of 2016 s. 8A]8. Remuneration and expenses
9. Seals of Court
The Court shall use distinctive stamps and seals of such nature and pattern as the Chief Justice may direct.10. Administration of Court
Jurisdiction and functions
11. Powers and duties of Court
12. Power to refer matters to other Courts
13. Place of sittings
The proceedings of the Court shall be conducted in any building or room in which the sittings of the High Court are ordinarily held or, subject to the directions of the appropriate judicial authority, in such other place which is different from, but is fit for use as, a court room.14. Disclosure of interest of member
15. Privilege of proceedings
16. ***
[repealed by Act No. 3 of 2016 s. 8B]17. Reports from Court
18. Contempt of Court
19. Power of Court in relation to contempt
Part III – Investigation of economic crimes
Investigation process
20. Application of Criminal Procedure Act
21. Personnel for investigation
22. Search for and seizure of property
23. Disposal and forfeiture of property
24. Disappearance of suspect
The decision to prosecute
25. DPP to be informed of occurrences and to give directions
26. Consent of DPP for prosecutions
27. ***
[repealed by Act No. 1 of 2008 s. 37]Part IV – Procedure prior to and during trial before the Court
Preliminary procedure
28. Application of Criminal Procedure Act
Except as is provided in this Part to the contrary, the procedure for arraignment and for the hearing and determination of cases under this Act shall be in accordance with the provisions of the Criminal Procedure Act.[Cap. 20]29. Procedure on arrest
30. Committal for trial by Court
31. Information
32. Address of accused to be recorded
After the accused person has pleaded guilty to the charge read to him in the court under this section the court shall obtain from him his permanent address and shall record and keep it.[s. 31A]33. Admission by accused
34. Denial by accused
Where the accused person does not admit the truth of the information or of any economic offence in it, the Court shall enter a plea of not guilty to that information or offence and proceed to the preliminary hearing in accordance with section 35, after which the Court shall hear the evidence of the witnesses for the prosecution and, if he so wishes, of the accused person and his witnesses; but where, during the preliminary hearing or the trial, the accused admits the truth of the information, or of any economic offence in it, the Court shall follow the procedure prescribed in section 33.[s. 33]35. Preliminary hearing
36. Bail
37. Change of circumstances after grant of bail
Where an accused person has been admitted to bail and circumstances arise which, if the accused person had not been admitted to bail would, in the opinion of a law officer or a prosecuting officer, justify the Court in refusing bail or in requiring bail of a greater amount, the court which granted the bail may, on the circumstances being brought to its notice by a law officer or prosecuting officer issue a warrant for the arrest of the accused person and, after giving the accused person an opportunity of being heard may commit him to remand prison to await trial, but the accused person may appeal to the court against the order of the magistrate, and the Court may, on resumption of the trial, confirm the order or readmit him to bail for the same or varied conditions and on such an increased amount as the Court may think just.[s. 36][Act No. 12 of 1987 s. 14]38. Arrest of persons contravening bail provisions
Procedure during trial
39. Expedition of actions
40. Dismissal of charge
At any stage of the proceedings the Court may, if satisfied that the accused person has no case to answer, dismiss the charge and acquit the accused person.[s. 39]41. Procedure on close of case for prosecution
42. Procedure on defence of alibi
43. Judgment and sentence
44. Alternative verdicts
45. Orders in respect of property
Provisions regarding evidence
46. Application of Evidence Act
Except as is expressly provided otherwise in this Act, the rules of procedure for the production, reception and evaluation of evidence and the manner of proving relevant facts in any proceedings under this Act shall be as is provided by the Evidence Act.[s. 45][Act No. 3 of 2016 s. 10B; Cap. 6]47. Manner of obtaining and sources of evidence
48. Evidence on oath or affirmation
49. Evidence in presence of accused and examination
50. Evidence in absence of accused
51. Interpretation of evidence
52. Refractory witnesses
53. Protection of witnesses
54. Immunity of witnesses
55. Depositions to preserve testimony
56. Litigation concerning sources of evidence
Part V – Offences and penalties
57. Offences under this Act
58. Application of Penal Code
59. Prohibition of transfer of advantage or property involved in economic offence
59A. Prohibition of insolvency
60. Punishment for proved crimes
61. Orders for compensation, restitution etc.
62. Right of appeal
Part VI – Miscellaneous provisions
63. Regulations
The Minister may make regulations providing for anything which is required or may be provided for under this Act, and generally for the better carrying out of the purposes and provisions of this Act.[s. 62]63A. Power to make Rules
64. Omitted
Amends certain written laws.[s. 63]65. ***
[repeals by Acts Nos. 9 and 10 of 1983][s. 64]66. Savings
History of this document
01 December 2023 amendment not yet applied
08 March 2022 amendment not yet applied
30 November 2019 this version
Consolidation
08 July 2016
27 July 2012
10 June 2011
26 March 2010
20 March 2009
09 June 2008
Amended by
National Prosecutions Service Act, 2008
06 April 2007
25 September 1984
Commenced
Cited documents 0
Documents citing this one 348
Judgment 334
Gazette 8
Law Reform Report 2
1. | Designated Legislation in the Nyalali Commission Report | |
2. | Police and Prisons Legislation |
Act 1
1. | Criminal Procedure Act | 7907 citations |
Government Notice 1
1. | Economic Offences (Specification of Officers Exercising Consent) Notice, 1984 | 9 citations |
Ordinance 1
1. | Corporal Punishment Act | 1 citation |
SOP 1
1. | Standard Operating Procedures for Investigation and Prosecution of Corruption and Related Offences |
Subsidiary legislation
Title
|
|
---|---|
Economic Offences (Specification of Offences for Consent) Notice, 2021 | Government Notice 496H of 2021 |
Economic and Organised Crime Control (The Corruption and Economic Crimes Division) (Procedure) Rules, 2016 | Government Notice 267 of 2016 |
Economic and Organised Crime Control (Authorisation to Dispose of Certain Property) Notice, 1986 | Government Notice 424 of 1986 |
Appointment of Public Prosecutors Notice, 1986 | Government Notice 314 of 1986 |
Economic Offences (Specification of Officers Exercising Consent) Notice, 1984 | Government Notice 191 of 1984 |