Tanzania, United Republic of

Code of Criminal Law

PART I
GENERAL PROVISIONS

CHAPTER V
PARTIES TO OFFENCES

22. Principal offenders

(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing namely—

(a) every person who actually does the act or makes the omission which constitutes the offence ;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence ;
(c) every person who aids or abets another person in committing the offence ;
(d) any person who counsels or procures any other person to commit the offence, in which case he may be charged either with committing the offence or with counselling or procuring its commission.

(2) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

(3) A person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission the act or omission would have constituted an offence on his part, commits an offence of the same kind and is liable to the same punishment as if he had himself done the act or the omission.

23. Offences committed by joint offenders in prosecution of common purpose

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

24. Counselling another to commit an offence

When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel and In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.

Keywords

Individual criminal responsibility



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