Offences by Foreigners Committed Within Territorial Waters to Be Prosecuted Only with Leave of the Director of Public Prosecutions.

Offences by Foreigners Committed Within Territorial Waters to Be Prosecuted Only with Leave of the Director of Public Prosecutions

Section 94 of the Criminal Procedure Act restricts the prosecution of foreigners for offences committed within Tanzania’s extended maritime zone. Specifically, subsection (1) states that no criminal proceedings shall be initiated against a non-citizen for an offence committed on the open sea within 200 nautical miles from the Tanzanian coast (measured from the low-water mark), unless the Director of Public Prosecutions (DPP) grants leave and certifies that it is expedient to proceed. This ensures that such sensitive prosecutions are carefully scrutinized before they commence.

Subsection (2) clarifies that pre-trial proceedings before a subordinate court such as preliminary inquiries or committals do not require the DPP’s leave; the requirement applies only when formal trial proceedings are to begin. Subsection (3) provides that it is not necessary to state in the charge sheet or information that the DPP’s leave has been granted; it is assumed unless challenged by the accused at trial. Subsection (4) supports this presumption by allowing a document signed by the DPP, containing the required leave and certificate, to serve as sufficient proof of authorization.

Importantly, subsection (5) excludes acts of piracy under international law from the scope of this provision, meaning piracy may be prosecuted without the DPP's special leave. Lastly, subsection (6) defines the term “offence” for the purpose of this section as any act, omission, or default which would be punishable under Tanzanian law if committed on its territory. This section underscores Tanzania’s control over criminal acts committed by foreigners within its maritime jurisdiction while maintaining prosecutorial oversight through the DPP.