Institution of Criminal Proceedings and Framing of Charges in Tanzania.

Institution of Criminal Proceedings and Framing of Charges in Tanzania.

In Tanzania, criminal proceedings can commence through various legally defined procedures as provided under the Criminal Procedure Act [Cap. 20 R.E. 2022]. The process begins primarily with the making of a complaint or the presentation of an arrested person before a magistrate, with the law outlining the steps that ensure fairness, legality, and procedural compliance.

Making a Complaint and Instituting Proceedings.

Section 128 of the Act outlines that criminal proceedings may be instituted by a person making a complaint to a magistrate or by presenting an arrested person before a magistrate. Anyone with reasonable and probable cause to believe that an offence has been committed can file such a complaint. Where the magistrate receiving the complaint lacks jurisdiction, they are required either to return the written complaint for presentation to the proper court or direct the complainant to approach the appropriate court. A complaint may be made orally or in writing; if made orally, it must be reduced into writing and signed by both the complainant and the magistrate.

Upon receiving a complaint, the magistrate is responsible for preparing and signing a formal charge sheet, unless a police officer has already done so. In instances where the accused has been arrested without a warrant, a public prosecutor must prepare and present the charge. This process ensures that formal charges are not arbitrarily created and that they meet legal thresholds before advancing to trial.

Rejection of Complaint or Charge.

Section 129 empowers a magistrate to refuse to admit a complaint or formal charge if it fails to disclose an offence. In such circumstances, the magistrate must provide written reasons for the rejection. This is an important protection against abuse of process and helps in preventing unnecessary or malicious prosecutions.

Summons or Warrant for Attendance.

Once a complaint is admitted and a charge signed, Section 130 gives the magistrate discretion to issue a summons or warrant compelling the accused to appear before the court. However, a warrant cannot be issued unless the complaint was made under oath by either the complainant or a witness. This provision balances judicial authority with the rights of the accused, ensuring due process.

Cautioning the Accused.

Section 131 emphasizes the obligation of police officers to caution suspects after they have been formally charged. The caution must be given in writing, and if practicable, also orally, in accordance with the prescribed legal procedure. This is vital in protecting the rights of the accused and upholding the principle of fair trial.

Completion of Investigation Before Filing Charges.

According to Section 131A, introduced by the Written Laws (Miscellaneous Amendments) Act No. 1 of 2022, no charges should be filed in court before investigations are completed, except for serious offences or those triable by the High Court. For other offences, suspects should be released on police bond or bail pending the completion of investigations. If the offence falls under section 170(6) of the Act (compoundable offences), it may be compounded. This change seeks to reduce unnecessary pre-trial detention and promote efficiency in the criminal justice system.

Contents and Particulars of a Charge.

Section 132 provides that a charge must contain a clear statement of the offence along with necessary particulars to reasonably inform the accused of the nature of the allegations. This ensures the accused is not taken by surprise and has adequate information to prepare a defense.

Joinder of Charges and Accused Persons.

Sections 133 and 134 address the joinder of counts and accused persons. Offences based on the same facts or part of a series of similar offences may be included in one charge sheet. Each offence must be stated in a separate count. If multiple people are accused of offences committed in the same transaction, or where one is accused of committing and another of aiding or attempting, they may be tried jointly. This procedural economy avoids unnecessary multiplicity of trials and ensures the efficient administration of justice.

Framing of Charges.

Finally, Section 135 details how charges should be framed. A charge must start with a statement of the offence, described in simple and ordinary language, followed by the particulars. Where an offence is created by statute, reference must be made to the specific section of the law. Technical terms are avoided to ensure clarity and accessibility. Charges involving property must describe it clearly, and when applicable, collective terms may be used to describe ownership. This section reinforces the requirement that charges be clear, concise, and comprehensible, which is essential for fair trial rights.