The Proceeds of Crime in Tanzania as Explained by the Proceeds of Crime Act, [Cap.256] 2007

Abstract

“It is a notorious fact that professional and habitual criminals frequently take steps to conceal their profits from crime. Effective but fair powers of confiscating the proceeds of crime are therefore essential. ” (Lord Steyn) The Act was enacted to provide for the forfeiture or confiscation of the proceeds of certain crimes and for connected or related matters. This short and a brief paper intend to explain the applicability of the Act in Tanzania. The term proceeds of crime is the term given to money or assets gained by criminals during the course of their criminal activity. The aim here is to set out the law in relation to the recovery of assets with criminal being the most commonly used power. Confiscation usually occurs after a conviction has taken place. As I said earlier that a criminal cannot be benefit from any assets or money obtained from his/her criminal activities. So the Act intends to deprive and close the loophole that a criminal may use his/her assets after being found guilty of an offence. There is this saying that, “a person cannot be benefit from his/her own wrong”. In this case, the Act intends to show the society that commission of crime do not pay. Therefore, once you commit a crime which involves the accumulation of any assets including money or property, then you cannot be benefit from the wrong doing on such accumulation of assets, and therefore any properties resulting from criminal activities of serious or specified offenses cannot remain in the offender’s possession or ownership. Properties derived from criminal proceeds are properties acquired as the fruit of criminal proceeds, or properties acquired as returns on criminal proceeds or properties acquired as returns on these properties and properties acquired from the possession or disposal of criminal proceeds. Therefore, this short paper tries to show how the Proceeds of Crime Act, [Cap.256] of 2007 works particularly on its amendments of 2007 and 2012, and for the purpose of this paper, the term Act shall mean the Proceeds of Crime Act, [Cap.256] of 2007.