Penal Code of Tanzania - Criminal Defense Wiki

punishable with imprisonment for a term not exceeding two years or with a fine or with both.
36. Sentences cumulative unless otherwise ordered
Where a person after conviction for an offence is convicted of another offence, either before
sentence is passed upon him under the first conviction or before the expiration of that sentence
any sentence, other than a sentence of death or of corporal punishment which is passed upon
him under the subsequent conviction shall be executed after the expiration of the former
sentence unless the court directs that it shall be executed concurrently with the former sentence
or any part of that sentence:
Provided that a court shall not direct that a sentence of imprisonment in default of payment
of a fine be executed concurrently with a former sentence under section 29(c)(i) or with any part
of that a sentence.
37. Escaped convicts to serve unexpired sentences when recaptured
When sentence is passed under this Code on an escaped convict the sentence, if of death,
fine or corporal punishment shall, subject to the provisions of this Code, take effect immediately
and, if of imprisonment, shall take effect according to the following rules, that is to say–
(a) if the new sentence is severer than the sentence which the convict was undergoing
when he escaped, the new sentence shall take effect immediately and he shall serve
any period of imprisonment in respect of his former sentence which remained
unexpired at the time of his escape after he has completed serving his new sentence;
(b) when the new sentence is not severer than the sentence the convict was undergoing
when he escaped, the new sentence shall take effect after he has served
imprisonment for a further period equal to that part of his former sentence which
remained unexpired at the time of his escape.
38. Absolute and conditional discharge
(1) Where a court by or before which a person is convicted of an offence is of opinion,
having regard to the circumstances including the nature of the offence and the character of the
offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate,
the court may make an order discharging him absolutely or, if the court thinks fit, discharging
him subject to the condition that he commits no offence during such period, not exceeding
twelve months from the date of the order, as may be specified in the order.
(2) An order discharging a person subject to the condition referred to in subsection (1) is
hereinafter referred to as "an order for conditional discharge" and the period specified in any
order as "the period of conditional discharge".
(3) Before making an order for conditional discharge the court shall explain to the offender in
ordinary language that if he commits another offence during the period of conditional discharge