Enforcement of national penalties - fines

Tanzania, United Republic of

Code of Criminal Law



29. Fines Act No. 13 of 1972 Sch

Where a fine is imposed under any law, in the absence of express provisions relating to the fine in that law the following provisions shall apply–

(a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited but shall not be excessive ;

(b) in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court ;

(c) in the case of an offence punishable with imprisonment as well as a fine in which the Offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion–
(i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he
may have been sentenced or to which he may be liable under a commutation of sentence ; and
(ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender
by distress and sale under warrant :

Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so ;

(d) the term of imprisonment ordered by a court in respect of money adjudged to be paid upon conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale :–

Not exceeding Shs. 5,000/- 14 days
Exceeding Shs. 5,000/- but not exceeding Shs.50,000/= 2 months
Exceeding Shs. 50,000/- but not exceeding Shs.100,000/= 6 months
Exceeding Shs. 100,000/- but not exceeding 500,000/- 12 months
Exceeding shs. 500,000/- 24 months

(e) the imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.