Tanzania
Mutual Assistance in Criminal Matters Act
Chapter 254
- Published in Tanzania Government Gazette
- Commenced on 1 May 1994
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of 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. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss 1-9)
1. Short title
This Act may be cited as the Mutual Assistance in Criminal Matters Act.2. Interpretation
3. Application of Act
4. Aspects of mutual assistance
For the purposes of this Act, mutual assistance in criminal matters shall include—5. Act not to prevent other provision of mutual assistance
Nothing in this Act shall be construed as preventing the provision or obtaining of assistance in criminal matters otherwise than as provided in this Act.6. Refusal of assistance
7. Assistance may be conditional
Assistance in terms of this Act may be provided to a foreign country subject to such conditions as the Attorney-General may determine.8. Requests by Tanzania
Any request by Tanzania for assistance in any criminal matter in terms of this Act shall be made by the Attorney-General.9. Request for assistance by foreign country
Part II – Assistance in relation to taking of evidence and production of documents or other articles (ss 10-11)
10. Request by Tanzania for taking of evidence, etc.
The Attorney-General may request an appropriate authority of a foreign country to arrange for—11. Request for evidence by foreign country
Part III – Assistance in relation to search and seizure (ss 12-13)
12. Requests by Tanzania for search and seizure
13. Requests by foreign countries for search and seizure
Part IV – Arrangement for persons to give evidence or assist in investigations (ss 14-26)
14. Request for removal of certain persons to Tanzania
15. Arrangements between Attorney-General and Minister in relation to custody of certain persons
16. Custody of certain persons
Where—17. Immunities
18. Status of person prosecuted for offence committed after departure from foreign country
19. Limitation on use of evidence given by certain persons
Where—20. Conditions of imprisonment
The provisions of the Prisons Act10, relating to—21. Release of person from custody
Where—22. Escaping
23. Arrest of person who has escaped from custody
24. Requests for giving of evidence at hearing in foreign country
25. Requests for assistance in relation to investigations in foreign countries
26. Effect of removal to foreign country on prisoner's term of imprisonment
Where a prisoner who is serving a term of imprisonment for an offence against the law of Tanzania is released from prison pursuant to a request by the appropriate authority of the foreign country under section 24 or 25, the prisoner shall, while in custody in connection with the request, including custody outside Tanzania, be deemed to be continuing to serve that term of imprisonment.Part V – Custody of persons in transit (ss 27-29)
27. Transit
28. Escaping
29. Arrest of person in transit
Part VI – Proceeds of crime (ss 30-35)
30. Request for enforcement of orders
The Attorney-General may request an appropriate authority of a foreign country to which this Act applies to make arrangements for the enforcement of—31. Requests for issue of orders in foreign countries
Where criminal proceedings or criminal investigations have commenced in Tanzania in relation to a specified offence, the Attorney-General may request an appropriate authority of a foreign country to which this Act applies to direct the issue of a warrant, order or other instrument similar in nature to any of the following warrants or orders under the law for the time being in force relating to proceeds of crime in respect of the specified offence—32. Registration of orders
33. Requests for search and seizure warrants in respect of tainted property
34. Requests for interim interdicts
Where—35. Requests for information gathering orders
Part VII – Miscellaneous provisions (ss 36-39)
36. Service of documents
37. Evidence
A certificate by the Attorney-General stating that—38. Authentication of documents
39. Regulations
History of this document
31 July 2002 this version
Consolidation
01 May 1994
Commenced
Cited documents 3
Legislation 3
1. | Magistrates’ Courts Act | 58 citations |
2. | Criminal Procedure Act | 50 citations |
3. | Proceeds of Crime Act | 37 citations |
Documents citing this one 10
Judgment 5
Gazette 2
1. | Tanzania Government Gazette supplement dated 2022-01-31 number 2 | |
2. | Tanzania Government Gazette supplement number 2 dated 2022-03-08 number 2 |
Guidelines 1
1. | Guidelines to Prosecutors and Competent Authorities for Making and Executing Mutual Legal Assistance and Extradition Request |
JOT Documents and Guidelines 1
1. | Exhibits Management Guidelines |
Manual 1
1. | Criminal Prosecutions Case Manual |