-5.
detention or imprisonment, the crime should be
considered to be a felony conoeming the exeou-

tion of the said legal consequences resulting from
the judgment.

The Ministry of Justice shall carry out this law

which shall come into force 30 days after the

date of its publication in the Offioial Gazette.

IDRIS --- At Dar es-jalaam on 18th Saafa 1376
equivalent to 23rd September 1956.

By Order of the King.

Khalil el-Gallal. Abdel Rahmann,
Acting Premier, Acting Minister of Justioe
QSUPPLEMENT NO. 1:
Artiole 29Rı Whenever the law provides that the penalty

may be inoreased or deoreased within a
specified limit for an aggravating or ex-
tenuating oircumstanoe, the inorease or
deorease shall come within the estimation
of the penalty imposed by the judge unless

the law provides otherwise.

Artiole 70OR (a): The right of lawful defence shall not jus-

tify resistance to public officials when
they are oarıying out their duties in good
feith, by order, acoording to their respeot-
ive duties and offioes, even though they may
de exoeeding the limits of their office,

unlees there is fear that their acts may

-6-

BUERLEMENT WO. - Continusdı

cause death or serious injuries and that

fear is based on reasonable grounds.

Tne right of lawful defenoe shall not jus-
tify intentional killing unless its aim
was to prevent the followingi-

i) An aot whioh it is feared may ceuse
death or serious injuries, if that
fear is based on reasonabla grounds.

ii) An aot of oarnal connection or in-

deoent assault by violence or threat.

iii)The abduotion of someone.

iv) A theft of the speoified thefts of
felonies,

v) The entering by night of an ocoupied
house or one of its offices,

In oases where the law provides for a heav-

ier penalty for a plurality of offenders,

it shall be established that the acoomplioe

was present amongst this plurality at the

time of oommission of the crim.

If one judgment was imposed on a group of

accused for one orims, whether they were

offanders or aocomplioces, fines shall be

imposed upon them individually and they

shall also be colleotively responsible for

payment of the proportional fine,

518

SUEFLEMERT W.] - Continuedı

Axklole 15IR (a):

In the oase of the handing over of a juven-
ile according to Article 151 to other than
his parents, or to those who are responsible
for his expenses, it is the duty of the
Judge to oblige the person legally respons-
ible for the expenses to pay all or some

of such expenses if the lat:ier is suffio-
iently solvent.

If the juvenile himself hs money, the
judge should order that all or part of his
expenses be paid from his own funds. In
either oase the judge should speoify the

amount and the dates of payment.

If it has been ordered that a juvenile be
handed over to his parents or to those who
are responsible for his edusation and care
scoording to Article 151, and during the
ysar following the date of the order of
handing over the juvenile oammits an offence,
the person to whom he was handed over shall
be fined an amount not exoeeding 1.1.50 if
the second orime was a felony and not ex-
ceeding kL.20 if it was a misdemeanour,

The period of supervision of freedom shall
be not less than 1 year unless the law pro-
vides otherwise, taking into oonsideration
Artiole 151 relating to supervision of
juveniles.

UEPIAIENT I.) - Contimuedi

Artiole 227Rs

iole

If the ain of a bribe is the committal of
an act punishable by law by a heavier pen-
alty than that deoided for bribery, the
penalty shall be the one deoided for that
act together with the fine deoided for
bribery.

The briber or intermediary shall be exempt
from penalty if he informs the Authority of
the orime before its oommission or before
taking any action himself. If this inforn-
ation is given after action has been taken,
this should lead to the quilt of the other
offenders.

Whoever takes or accepts a gift or benefit
with the intention of handing it to another,
while having knowledge of the reason for
this gift or benefit, shall be punished by
detention for a period not exoeeding 1 year
and a fine of not less than kL.20 and not
exoeeding kL.100. This applies to the per-
son who does not oarry out the oomplete act

of intermediation concerning a bribe.

Any public offioial asking or aocepting,
either for himself or another, a gift or a
promise of anything, without the knowledge

or consent of his employer, on the understand-
ing that he carry out or prevent one of the
acts of his duties shall be punishable by
detention.

-9.

SUFELDENT W.1 - Continueda
Artiole 398R (a): Any person against whom a judiciary judg-

le

b):

ment has been delivered requiring mainten-
ance payments by him to his wife, or his
ascendants or descendants, or his brothers,
or payment of custodian's fees or wet nurse'g
hire or rent of a house, and who fails to
pay when he is able to do so during a period
of one month after being warned, shall be
punished by a period of detention not ex-
ceeding 1 year.

If, after the judgment, a second oase is
instituted against him for this offence, the
punishment shall be a period of detention
not less than 3 months and not exoeeding 2
years.

In all oases, if the convicted person
pays the acoumulated outstanding amount or
offers a guarantee aoceptable ta the other
party ooncemed, the penalty shall not be

exeouted.

Whoever fails to hand over a juvenile to
another who has the right to ask this ac-
oording to a judicial judgment or a deoision
delivered ooncerning custodianship or main-
tenance, shall be punished by a period of
detention not exceeding 1 year or a fine

not exoeeding %L.50. The same punishment
ehall be imposed upon whoever, himself or

through another person, abduots a juvenile

-10 -

SUPPLBERT #0, } - Contimuedı

Artiole 398R (0):

although he might have the right of oust-
odianship or maintenance acoording to the
Judgment or decision, even though the ab-
Auction was not carried out by fraud or

violeme,

Ro case shall be instituted conceming of-
fenoes mentioned in Artioles 396, 397, 398,
398R (a) and 398R (b) except by complaint
submitted by the prejudiced party.

Any woman practising prostitution as a means
of livelihood or for gain shall be punished
by a period of detention not less than 1 year.
Whoever opens or manages & house for the
purpose of prostitution, or who helps in

any manner whatscoever, shall be punished

by a period of detention not less than 1 year
and a fine of not less than AL.100 and not
exceeding kL.300. Also, the place shall

be olosed and all equipment and furniture
shall be oonfiscated.

A place shall be oonsidered as a place of
prostitution and immorality if it is com-
monly usod for this purpose.

The following persons shall be punished by
detention for a period of not less than

3 months and a fine of not less than LL.25
and not exceeding LL.300:-

(8) Whoever lets or offers in any manner

whateoever a house or other place for

- 1.

SUEELBMENT WO.) - Cantinuedı

Artiole 417R (o)ı

the purpose of immorality or prostitu-
tion, or for one or more persons to
live in and exercise prostitution and
immorality, whilst having kmowledge
of thisz

(b) Whoever possesses or manages a furnished
house or room or a publio place open to
the publio shall be oonsidered to have
facilitated prostitution or immorality
whether he does this by aocepting people
for this purpose or by allowing on his
premises incitement to prostitution or
immorality.

The provisions of the two preceding articles

shall only be applied to places oonoeming

which a deoision has been taken by the Coun-

oil of Ministers after the approval of the

province oansoerned.

Whoever reoeives or hides stolen property
or any property obtained by any means
from a felony or a misdemeanour, having
knowlodge of this, or who helps another
to obtain some of the said property, shall
be punished by detention for a period not
exoeeding 2 years.

If the offender knows that ths prop-
erty which he has received or hidden is

the result of a orime oarrying a heavier

-12-

SUERLBENT W.} - Contimueds

penalty, then the penalty for that crime
shall be imposed upon him,

Artio)e A465R (b)e Whoever finds lost movable property and

Article 21:

Artigle 22:

detiole 29:

obtains it with the intention of keeping
it in his possession shall be punished
by detention for a period not exoeeding

2 yegrs.

Imprisonment is the confinement of a person in
a place appointed for the purpose and his being
made to work in the manner provided for 3y the
prison regulation. Imprisonment shall not be
less than 3 years and shall not exceed 15 years

unless otherwise provided by law.

Detention is the confinement of a person in a
central or local prison for the period for
which he is sentenced. This period shall not
be less than 24 hours, nor more than 3 years
unless otherwise provided by law.

If there are extemusting circumstances in the

oase the judge may reduce the penalty or sub-

stitute another penalty for it in the following

matterst-

Imprisonment for life instead of sentenoe of death.

Imprisonment instead of imprisomment for life.

Detention for a period not less than 6 months
instead of imprisonment,

Em

SUPPLEMERT NO,2 - Continueds

In all cases the judge is allowed, if the
seid oircumstances have been fulfilled, to de-
crease the penalty of orimes and misdemeanours

to half of the minimum limit prescribed by law.

Interdiction from civil rights is of two kindsı
perpetual and temporary. Perpetual interdiotion
debars the offender from the following rights

and privileges unless the law provides otherwise:-

1) The right to vote for, or election to, any
eleoted body, and from every other political
right.

2) The right to retain any public office or
to aooept any publio service unless it is
compulsory service, or the retention of
any qualifioation obtained in the oapacity

of publio officer or in the public service.

3) The oapacity to act as a trustee or guard-
ian, though the appointment be temporary,
and every other right pertaining to trus-
teeship or guamlianship.

4) Aoademic degrees and dignities, titles,
deoorations and other publio marks of

honour.

5) Every honorifio right attaching to any
offices, services, degrees or titles, and
from the qualities, dignities and deoom

ations specified in the preceding numbers.

ae

SUPPLDENT W.2 - Continueds

Artiole 35:

cle ‘

6) The oapacity to assure or acquire any right,
quality, service, title, degree, dignity,
deooration or mark of honour, specified in

the preceding numbers.

Temporary interdiotion debars the offender
from the oapacity to enter upon, exeroise or
enjoy, while the interdiction lasts, the afore-
said rights, services, qualities, degrees or

honours specified in the preceding numbers.

Interdicotion from the professions or art d=bars
the offender from the oapacity to carry on, dur=
ing the term of the interdiction, any profession,
art, industry, commerce or trade, for which is
required any special permit, qualification,
authority or licenoe from any authority, and in-
volves the revocation of any such permit, quali-

fioation, authority or licence,

1) Temporary interdiction provided for in the
preceding artiole results fron conviotion of
a crime or misdemeanour oommitted by abuse
of power or abuse of any profession, art,
industry, commerce or trade, or breach of

the duties attsched thereto,

2) Also, temporary interdiction shall deprive
from retention of publio office or trustee-
ship or guardianship; from judgmant given
in felony or misdemsanour which has been
oommitted as a result of abuse of power or
breach of the duties attached to the public

office or guardianship or trusteeship.