27.03.2013 Views

Penal Code of Tanzania - Criminal Defense Wiki

Penal Code of Tanzania - Criminal Defense Wiki

Penal Code of Tanzania - Criminal Defense Wiki

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

property or converts it to any use not authorised by the trust is guilty <strong>of</strong> a an <strong>of</strong>fence, and is<br />

liable to imprisonment for seven years.<br />

(2) For the purposes <strong>of</strong> this section the term "trustee" means any <strong>of</strong> the following persons–<br />

(a) a trustee upon an express trust created by a deed, will or instrument in writing, whether<br />

for a public, private or charitable purpose;<br />

(b) a trustee appointed as such by or under the authority <strong>of</strong> any written law;<br />

(c) a person upon whom the duties <strong>of</strong> any trust in terms <strong>of</strong> this subsection devolve; or<br />

(d) an executor or an administrator <strong>of</strong> an estate.<br />

315. Misappropriation and fraud by directors and <strong>of</strong>ficers <strong>of</strong> corporations, etc.<br />

Any person who–<br />

(a) being a director or <strong>of</strong>ficer <strong>of</strong> a corporation or company, receives or possesses himself<br />

as such <strong>of</strong> any <strong>of</strong> the property <strong>of</strong> the corporation or company otherwise than in<br />

payment <strong>of</strong> a just debt or demand, and, with intent to defraud, omits either to make a<br />

full and true entry there<strong>of</strong> in the books and accounts <strong>of</strong> the corporation or company, or<br />

to cause or direct entry to be made therein; or<br />

(b) being a director, <strong>of</strong>ficer or member <strong>of</strong> a corporation or company, does any <strong>of</strong> the<br />

following acts with intent to defraud, that is to say–<br />

(i) destroys, alters, mutilates or falsifies any book, document, valuable security or<br />

account which belongs to the corporation or company, or any entry in any such<br />

book, document or account, or is privy to that act;<br />

(ii) makes, or is privy to making, any false entry in any such book, document or<br />

account; or<br />

(iii) omits, or is privy to omitting, any material particular from any such book, document<br />

or account,<br />

is guilty <strong>of</strong> an <strong>of</strong>fence, and is liable to imprisonment for fourteen years.<br />

316. False statements by <strong>of</strong>ficial <strong>of</strong> companies<br />

Any person who, being a promoter, director, <strong>of</strong>ficer or auditor <strong>of</strong> a corporation or company,<br />

either existing or intended to be formed, makes, circulates or publishes, or concurs in making,<br />

circulating or publishing, any written statement or account which, in any material particular, is to<br />

his knowledge false, with intent thereby to effect any <strong>of</strong> the following, purposes–<br />

(a) to deceive or to defraud any member, shareholder or creditor <strong>of</strong> the corporation or

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!