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Penal Code of Tanzania - Criminal Defense Wiki

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TERRITORIAL APPLICATION OF THIS CODE (ss 6-7)<br />

6. Extent <strong>of</strong> jurisdiction <strong>of</strong> local courts<br />

The jurisdiction <strong>of</strong> the Courts <strong>of</strong> Mainland <strong>Tanzania</strong> for the purposes <strong>of</strong> this <strong>Code</strong> extends<br />

to–<br />

(a) every place within Mainland <strong>Tanzania</strong> and within the territorial waters;<br />

(b) any <strong>of</strong>fence committed by a citizen <strong>of</strong> Mainland <strong>Tanzania</strong> in any place outside<br />

Mainland <strong>Tanzania</strong>; and<br />

(c) any <strong>of</strong>fence committed by any person on an aircraft registered in Mainland <strong>Tanzania</strong>.<br />

7. Offences committed partly within and partly beyond the jurisdiction<br />

When an act which, if wholly done within the jurisdiction <strong>of</strong> the court, would be an <strong>of</strong>fence<br />

against this <strong>Code</strong>, is done partly within and partly beyond the jurisdiction, every person who<br />

within the jurisdiction does any part <strong>of</strong> such act may be tried and punished under this <strong>Code</strong> in<br />

the same manner as if such act had been done wholly within the jurisdiction.<br />

8.<br />

CHAPTER IV<br />

GENERAL RULES AS TO CRIMINAL RESPONSIBILITY (ss 8-21)<br />

Ignorance <strong>of</strong> law<br />

Ignorance <strong>of</strong> the law does not afford any excuse for any act or omission which would<br />

otherwise constitute an <strong>of</strong>fence unless knowledge <strong>of</strong> the law by the <strong>of</strong>fender is expressly<br />

declared to be an element <strong>of</strong> the <strong>of</strong>fence.<br />

9. Bona fide claim <strong>of</strong> right<br />

A person is not criminally responsible in respect <strong>of</strong> an <strong>of</strong>fence relating to property if the act<br />

done or omitted to be done by him with respect to the property was done in the exercise <strong>of</strong> an<br />

honest claim <strong>of</strong> right and without intention to defraud.<br />

10. Relevance <strong>of</strong> intention or motive<br />

(1) Subject to the express provisions <strong>of</strong> this <strong>Code</strong> relating to negligent acts and omissions, a<br />

person is not criminally responsible for an act or omission which occurs independently <strong>of</strong> the<br />

exercise <strong>of</strong> his will or for an event which occurs by accident.<br />

(2) Unless the intention to cause a particular result is expressly declared to be an element <strong>of</strong><br />

the <strong>of</strong>fence constituted, in whole or part, by an act or omission, the result intended to be caused<br />

by an act or omission is immaterial.<br />

(3) Unless otherwise expressly declared, the motive by which a person is induced to do or

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