The Mutual Assistance in Criminal Matters in Tanzania

Abstract

Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 26 of this Convention in the requesting State Party. The United Nations Convention against Corruption. This paper is concern about the Mutual Assistance in Criminal Matters Act No. 24 of 1991 [Cap 254 R.E 2008] on the mutual assistance in criminal matters between Tanzania and Commonwealth countries and other foreign countries, and also to facilitate the provision and obtaining by Tanzania of such assistance, and to provide for matters connected thereto. The mutual assistance in criminal matters, criminal proceeds and extradition in Tanzania are related matters, as they are depending on each other. For example, in correlation with the bombing of the US Embassy in Tanzania in 1998, a Tanzanian citizen was extradited to the United States. Also in 2017 the Court approved the extradition of a leader of a global drug trafficking ring to the United States of America. This means such person can be returned to our country (or foreign country) where crime has been committed in order to give the chance for the particular court proceedings to prevail. This act is normal known as Extradition, and the power given to the parties to an agreement on mutual assistance on extradition processes is known as Extradition Authority. The extradition processes cannot be carried out without having a common understanding between the two states on the matter at hand, which is mostly created by a number of treaties between states. These treaties or any other form of agreements are the one which procures jurisdiction. The question of jurisdiction in Extradition lies at the root of judicial functions, being the creatures of statutes, court of law cannot exercise any powers other than those conferred on them by statute. They may not exercise powers which the law does not expressly or impliedly permit or prohibits. Hence, first there must be a mutual agreement on the assistance of such criminal act(s) between the states in order for every order, rules, regulations, procedures to be carried out by either state in relating for such occurred criminal act. This is where mutual assistance in criminal matter emerged.