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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e taken against him under the provisions <strong>of</strong> section 38A:<br />
Provided that where a person who has been conditionally discharged is subsequently<br />
sentenced under section 38A for the <strong>of</strong>fence in respect <strong>of</strong> which the order for conditional<br />
discharge was made, this section shall cease to apply in respect <strong>of</strong> that <strong>of</strong>fence and he shall be<br />
deemed to have been convicted on the date <strong>of</strong> the sentence.<br />
(2) Nothing in this section shall affect–<br />
(a) the right <strong>of</strong> any person who has been convicted and discharged either absolutely or<br />
conditionally to appeal against his conviction or to rely thereon in bar <strong>of</strong> any<br />
subsequent proceedings for the same <strong>of</strong>fence; or<br />
(b) the revesting or restoration <strong>of</strong> any property in consequence <strong>of</strong> the conviction <strong>of</strong> that<br />
person.<br />
39. Treason<br />
PART II<br />
CRIMES (ss 39-390)<br />
Division I. – Offences against Public Order (ss 39-90)<br />
CHAPTER VII<br />
TREASON AND OTHER OFFENCES AGAINST THE REPUBLIC (ss 39-63B)<br />
(1) Any person who, being under allegiance to the United Republic–<br />
(a) in the United Republic or elsewhere, murders or attempts to murder the President; or<br />
(b) in the United Republic, levies war against the United Republic,<br />
shall be guilty <strong>of</strong> treason and shall be liable on conviction to suffer death.<br />
(2) Any person who, being under allegiance to the United Republic, in the United Republic or<br />
elsewhere, forms an intention to effect or to cause to be effected, or forms an intention to<br />
instigate, persuade, counsel or advise any person or group <strong>of</strong> person to effect or to cause to be<br />
effected, any <strong>of</strong> the following acts, deeds or purposes, that is to say–<br />
(a) the death, maiming or wounding, or the imprisonment or restraint, <strong>of</strong> the President;<br />
(b) the deposing by unlawful means <strong>of</strong> the President from his position as President or from<br />
the style, honour and name <strong>of</strong> Head <strong>of</strong> State and Commander-in-Chief <strong>of</strong> the Defence<br />
Forces <strong>of</strong> the United Republic;<br />
(c) the overthrow by unlawful means, <strong>of</strong> the Government <strong>of</strong> the United Republic; or<br />
(d) the intimidation <strong>of</strong> the Executive, the Legislature or the Judiciary <strong>of</strong> the United