Sources of Criminal Law

Sources of Criminal Law

1. The Constitution

The Constitution outlines the rights and responsibilities of citizens. For example, the Tanzanian Constitution guarantees the presumption of innocence for accused individuals. In addition, judgments from the Court of Appeal, the Court of Appeal of Tanzania, and significant rulings from the High Court of Tanzania contribute to the body of criminal law.

2. Statutes

Statutes encompass Acts of Parliament and subsidiary legislation. During the colonial period, laws passed by the legislative council were termed Ordinances, while post-independence laws are referred to as Acts of Parliament. The primary source of criminal law in Tanzania is the Penal Code (Cap.16), introduced in 1930. Other statutes also address specific crimes, such as the Prevention of Corruption Act (Cap.329), the Economic and Organized Crimes Control Act (Cap. 200), and the Road Traffic Act (Cap.168). Subsidiary legislation, created by individuals or bodies delegated by Parliament, often includes penal provisions for violations and covers areas like commerce, health, and sanitation.

3. Common Law of England, Doctrine of Equity, and Statutes of General Application

Tanzanian law is rooted in English jurisprudence, including common law, the Doctrine of Equity, and Statutes of General Application. This stems from the Tanganyika Order in Council of 1920, section 17, which instructed courts to apply the Criminal Procedure and Penal Code of India or, where inapplicable, English Common Law and Statutes of General Application as of July 20, 1920. This approach was reinforced after independence through section 2(2) of the Judicature and Application of Laws Ordinance of 1961. Furthermore, the Penal Code allows for the application of Common Law and Equity principles under specific circumstances, as outlined in section 3(1).

4. Precedents/Case Law

In common law jurisdictions, lower courts must follow the decisions of superior courts. Thus, rulings from the former East Africa Court of Appeal, the Court of Appeal of Tanzania, and significant High Court judgments serve as sources of criminal law.

5. International Law

International law, particularly treaties, forms another source of criminal law. However, for these treaties to bind Tanzania, they must be incorporated into domestic legislation through Parliament. Several treaties address international criminal law, with notable international crimes including:  

   - War Crimes: Geneva Conventions (I–IV) of 1949  

   - Piracy: The 1958 Convention on the High Seas  

  - Aircraft Hijacking: The 1950 Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation  

  - Slave Trade: The Slavery Convention of 1920, amended in 1953, and the Supplementary Convention on the Abolition of Slavery, Slave Trade, and Practices Similar to Slavery of 1966, along with the 1956 Convention for the Suppression of Traffic in Persons and the Exploitation of the Prostitution of Others.