The Effects of Appearance and Non-Appearance of Parties During Hearing of Criminal Cases Before Subordinate Courts in Tanzania

The Effects of Appearance and Non-Appearance of Parties During Hearing of Criminal Cases Before Subordinate Courts.

Sections 222 and 223 of the Criminal Procedure Act, Cap. 20 [R.E. 2022] explain what happens during the hearing of a criminal case in a subordinate court when either party (the complainant or the accused) appears or fails to appear. These provisions ensure that criminal cases are handled fairly and follow proper legal procedures.

Section 222 focuses on situations where the accused person appears in court—either after receiving a summons or through arrest—but the complainant does not appear, even though they were informed of the date and time of the hearing. In such cases, the court has the power to dismiss the charge and release the accused. However, if the court finds a good reason to delay the case, it may adjourn the hearing to another date. In the meantime, the court can either grant bail to the accused, remand them to prison, or ask for other forms of security to make sure the accused returns to court.

Section 223 deals with cases where both the complainant and the accused person are present in court. If both parties attend, or if the accused has been legally excused from attending under section 193, the court will go ahead and hear the case.

The appearance or non-appearance of parties at the time of hearing plays a key role in how a criminal case proceeds before a subordinate court. These sections protect the rights of both the complainant and the accused and help ensure justice is carried out properly.