Plea Bargaining In Tanzania

Is It A Grab of Judicial Powers Or Coercion To Compromise?

Authors

  • Mr. Lameck Samson Nyangi

Keywords:

Plea-negotiation, Constitutional principles, Discretion, Scrutiny, Accountability, Guilt pleas

Abstract

Plea bargaining as a concept was introduced in Tanzania criminal justice system by the amendment made on the Criminal Procedure Act, [Cap. 20 of 1985], passed by the parliament through the Written Laws (Miscellaneous Amendment) Act No. 4 of 2019. Ever since its introduction, the concept has been a subject of debate from journalists and academicians. While some criticize it on the ground that it violates fundamental principles of the Constitution, others hail it as instrumental in lessening the burden of trials and ensuring speedy disposal of cases. The purpose of this article, therefore, is to throw some light on the existing law relating to plea bargaining in Tanzania by examining the concept of mutual satisfactory disposition, the extent of victim’s participation as well as judicial involvement at the negotiation stage.

Author Biography

Mr. Lameck Samson Nyangi

PGDLP (Law School of Tanzania), LL.M (Mzumbe University), LL.B (Mzumbe University), Diploma in Law (Mzumbe University), currently serving as Assistant Lecturer at the Institute of Judicial Administration Lushoto (IJA) and Head of Short Courses Section.

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Published

2024-10-10

How to Cite

Nyangi, L. S. (2024). Plea Bargaining In Tanzania: Is It A Grab of Judicial Powers Or Coercion To Compromise?. Institute of Judicial Administration Journal, 2(2), 113–123. Retrieved from https://journal.ija.ac.tz/index.php/files2/article/view/35

Issue

Vol. 2 No. 2 (2020): Institute of Judicial Administration Journal

Section

Articles