Criminal
The Penal Code with separate Zanzibari criminal law
The Penal Code (Cap 16) applies on the mainland; Zanzibar has its own penal legislation. The death penalty remains lawful but has not been carried out for decades, and the Court of Appeal upheld its constitutionality in Mbushuu.
Key rules
- Jurisdiction — Primary courts, district courts, resident magistrates' courts and the High Court; the Court of Appeal is final for the mainland.
- Deadline — Arrested person brought before court: within 24 hours
- Deadline — Bail: unavailable for specified offences including murder and treason
Governing law
- Penal Code (Cap 16) — mainland
- Criminal Procedure ActCap 20
- Zanzibar Penal Act, 2018 — Zanzibar
In practice
Two features distinguish Tanzanian criminal law: the statutory exclusion of bail for a list of offences, which the courts have upheld against constitutional challenge, and the parallel Zanzibari penal legislation, which means the same conduct can attract different treatment depending on which part of the union it occurs in.