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Title Tanzanian Criminal Law
Full text http://edoc.hu-berlin.de/18452/29760; http://dx.doi.org/10.18452/28701
Date 2024
Author(s) Filbert, Nicksoni; Shadrack, Jaba
Contributor(s) Werle, Gerhard; Jeßberger, Florian
Abstract Dieser Forschungsdatensatz entstand im Rahmen des vom DAAD geförderten Drittmittelprojekts 'African-German Research Network for Transnational Criminal Justice". - This teaching concept examines foundational aspects of Tanzania's criminal law. The concept follows the normative framework where it systematises the criminal law of Tanzania thematically, from its historical origins to its modern crystallisation. Through this approach, the first two parts discuss the basic concepts and the general principles of criminal law. They examine the principles of unlawful conduct, fault element, criminal capacity and the degree of participation, and the doctrine of common intention by joint offenders and incomplete crimes. Part three examines specific crime regimes. It discusses crimes against human life, the person and the family, property crimes, crimes against the community, crimes against the state and the administration of justice, and offences concerning organised and commercial crimes. For each crime discussed, the concept endeavours to enumerate criminal elements the prosecution has to establish beyond all reasonable doubt through the jurisprudence developed by case law in Tanzania and from the Commonwealth. Part four of this teaching concept discusses the concept of international criminal law and its application in Tanzania. In addition to tracing the origin of this branch of public international law and its crystallisation in the Rome Statute of the International Criminal Court, this part also considers the criminalisation of international crimes in Tanzania. It examines whether the Penal Code of Tanzania can prosecute crimes against humanity, war crimes and the crime of genocide through its current legal framework. Ultimately, this part finds Tanzania's criminal law defective on its own to prosecute international crimes substantively. It proposes an amendment of the Penal Code or enacting sector-specific legislation to interdict these crimes in Tanzania. - Peer Reviewed
Subject(s) Tanzanian Criminal Law; International Criminal Law; African Criminal Law Series; African-German Research Network for Transnational Criminal Justice; Tansanisches Strafrecht; Völkerstrafrecht; African Criminal Law Series; African-German Research Network for Transnational Criminal Justice; 340 Recht; ddc:340
Language eng
Publisher Humboldt-Universität zu Berlin
Type of publication book; doc-type:book; submittedVersion
Format application/pdf
Rights (CC BY-NC-ND 4.0) Attribution-NonCommercial-NoDerivatives 4.0 International; https://creativecommons.org/licenses/by-nc-nd/4.0/
Identifier 2943-9558; urn:nbn:de:kobv:11-110-18452/29760-9; 3192342-2
Repository Berlin - Humboldt University of Berlin
Added to C-A: 2024-08-20;15:29:22