Penal Code of Tanzania - Criminal Defense Wiki

26. Sentence of death
(1) When a person is sentenced to death, the sentence shall direct that he shall suffer death
by hanging:
Provided that, if a woman convicted of an offence punishable with death is alleged to be
pregnant, the court shall inquire into the fact and, if it is proved to the satisfaction of the court
that she is pregnant the sentence to be passed on her shall be a sentence of imprisonment for
life instead of a sentence of death.
(2) The sentence, of death shall not be pronounced on or recorded against any person who
at the time of the commission of the offence was under eighteen years of age, but in, lieu of the
sentence of death, the court shall sentence that person to be detained during the President's
pleasure, and if so sentenced he shall be liable to be detained in such place and under such
conditions as the Minister for the time being responsible for legal affair may direct, and whilst so
detained shall be deemed to be in legal custody.
(3) When a person has been sentenced to be detained during the President's pleasure under
subsection (2), the presiding judge shall forward to the Minister for the time being responsible
for legal affairs a copy of the notes of evidence taken at the trial, with a report in writing signed
by him containing such recommendation or observation on the case as he may think fit to
make.
(4) The superintendent of a prison or other place in which a person under the age of
eighteen years is detained by a direction of the Minister under subsection (2), shall make a
report in writing to the Minister of the condition, history and character of such person at the
expiration of a period of ten years from the period of the Minister's direction.
(5) Upon receipt and consideration of the report under subsection (4), the Minister may order
that a person under the age of eighteen years be discharged or otherwise dealt with on such
conditions as to his remaining under the supervision in any place or by any person and to such
other conditions for ensuring the safety and welfare of the said person and the public as the
Minister shall think fit.
27.
Imprisonment
(1) [Omitted by virtue of s. 30 of Cap. 357.]
(2) A person liable to imprisonment may be sentenced to pay a fine in addition to, or instead
of, imprisonment, or where the court so determines under the Community Service Act *(7), to
community service under a community service order.
28. Corporal punishment
Subject to the provisions of the Minimum Sentences Act *(8), where in this Code it is
provided that any person shall be liable to undergo corporal punishment, such punishment