Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
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paragraph (b) <strong>of</strong> that subsection the provisions <strong>of</strong> this <strong>Code</strong> and <strong>of</strong> the <strong>Criminal</strong> Procedure Act<br />
*(5) relating to insanity shall apply.<br />
(4) Intoxication shall be taken into account for the purpose <strong>of</strong> determining whether the<br />
person charged had formed any intention, specific or otherwise, in the absence <strong>of</strong> which he<br />
would not be guilty <strong>of</strong> the <strong>of</strong>fence.<br />
(5) For the purpose <strong>of</strong> this section "intoxication" shall be deemed to include a state produced<br />
by narcotics or drugs.<br />
15.<br />
Immature age<br />
(1) A person under the age <strong>of</strong> ten years is not criminally responsible for any act or omission.<br />
(2) A person under the age <strong>of</strong> twelve years is not criminally responsible for an act or<br />
omission, unless it is proved that at the time <strong>of</strong> doing the act or making the omission he had<br />
capacity to know that he ought not to do the act or make the omission.<br />
(3) A male person under the age <strong>of</strong> twelve years is presumed to be incapable <strong>of</strong> having<br />
sexual intercourse.<br />
16. General immunity for <strong>of</strong>ficers<br />
Save as is expressly provided by this <strong>Code</strong>, no act or thing done or omitted to be done by a<br />
judicial <strong>of</strong>ficer shall, if the act or omission was done or omitted bona fide in the exercise <strong>of</strong> his<br />
judicial function, render the judicial <strong>of</strong>ficer criminally liable for the act or omission.<br />
17. Compulsion<br />
A person is not criminally responsible for an <strong>of</strong>fence if it is committed by two or more<br />
<strong>of</strong>fenders and if the act is done or omitted only because during the whole <strong>of</strong> the time in which it<br />
is being done or omitted the person is compelled to do or omit to do the act by threats on the<br />
part <strong>of</strong> the other <strong>of</strong>fender or <strong>of</strong>fenders instantly to kill him or do him grievous bodily harm if he<br />
refuses; but threats <strong>of</strong> future injury do not excuse any <strong>of</strong>fence.<br />
18. Defence <strong>of</strong> person or property<br />
Subject to the provisions <strong>of</strong> section 18A, a person is not criminally liable for an act done in<br />
the exercise <strong>of</strong> the right <strong>of</strong> self defence or the defence <strong>of</strong> another or the defence <strong>of</strong> property in<br />
accordance with the provisions <strong>of</strong> this <strong>Code</strong>.<br />
18A. The right <strong>of</strong> defence<br />
(1) Subject to the provisions <strong>of</strong> this <strong>Code</strong> every person has the right–<br />
(a) to defend himself or any other person against any unlawful act or assault or violence to<br />
the body; or