Mastering an art of drafting application for Plea Bargaining, by accused, and Prosecutors in Tanzania.

 IN THE HIGH COURT OF TANZANIA IN THE DISTRICT REGISTRY/ COURT OF …………………………..

THE RESIDENT MAGISTATE/IN THE DISTRICT COURT OF…. ………………. AT 

…………………………………………

REPUBLIC 

VERSUS 

(Name of the accused person(s)) 

PLEA AGREEMENT 

The accused and prosecutor on behalf of the Republic agree as follows: 

1. Accused enters into this plea agreement 

1 Accused enters into this pleas agreement and pleads quality freely, voluntarily, without threat,  force, or coercion of any kind without promise or benefit of any kind, other than as contained in  this agreement. 

2 Accused knowingly, voluntarily and truthfully admits the facts contained in this agreement. 

3 Accused agrees to plead guilty to the offence of____________________________________  contrary to section (s) ______________________of the Penal Code, (or any other law –insert 

the law contravened) 

4 Accused understands every element of the offence to which the accused is pleading guilty, that 

the maximum potential imprisonment of that offence is:____________________________, 

and that the maximum potential fine is: Tsh. _________________________. Mandatory  minimum sentence? Yes:_________________(number of years) 

5 Victim in this case? Yes:__________ No_______________ 

If yes, accused agrees that the victim is______________________________. Accused agrees to 

compensate the victim Tsh._________________ being the financial loss sustained by the 

victim. 

Accused agrees to pay the amount in_______________(weekly/monthly/quarterly) installments until paid in full. 

6 Upon acceptance of the agreement by the court and the entry of judgment and sentence, and fulfillment by the accused of all terms and conditions of the Plea Agreement, the Prosecutor on behalf of the public agrees the accused will face no other charges based on facts related to this investigation but only if those facts were known to the prosecution at the of the prosecution’s signing of this plea agreement. 

7 Accused understands and agrees that this plea agreement is limited to the criminal charges 

listed here and is not a waiver, settlement or compromise of any civil or administrative remedies that may be available to any victim, the government, or any other agency or authority. 

8 Accused understands: [insert language here summarizing the law regarding withdrawal and 

rejection of plea agreements.]

9 Accused is represented by an advocate in this case. 

Yes: __________________No____________________ 

10 Accused understands that Accused has the following rights:

 (a) the right to plead not guilty, or 

having already so pleaded, to persist in that plea; 

(b) the right to a trial;

 (c) the right at trial to  cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify  and present evidence, and to compel the attendance of witnesses; (d) the right to appeal a conviction. 

11 Accused understands that the prosecution has the right, in a prosecution for perjury or false 

statement to use against the accused any statement that the Accused gives under oath. 

12 Had this case gone to trial, the Prosecution would have presented evidence to prove the following facts beyond a reasonable doubt:___________________________________________________ 

_____________________________________________________________________________ 

__________________________________________

13 Accused understands that the sentence to be imposed upon conviction on accused’s guilty plea is within the sole discretion of the court, subject to the statutory maximums described above. At sentencing the prosecutor will recommend____________________________________________ 

At sentencing the accused will 

recommend_____________________________________________ 

14 Accused understands and agrees that no promises, agreements or conditions have been enters 

into regarding the charges in this case other than those expressly set out this written plea agreement. 

15 This is the entirety of the plea agreement: Yes:______ No:_______

Additional provisions on attached Form 2 Yes: ______No:_______

I understand the contents of this plea agreement, which has been explained to  me in a language I understand. I admit  the fact contained in the agreement, and I plead guilty to the charge because I am  guilty. I do this knowingly, feely, and  voluntarily, and without any threat, force,  intimidation, or coercion of any kind. 

Accused: 

_________________ 

(Print Full Name) 

_________________ ___________ 

(Signature) (Date) 

Advocate (if applicable): 

Print Full Name) 

_________________ ___________ 

(Signature) (Date) 

This plea agreement has been 

consented by the Director of 

Public Prosecutions or………….. 

an officer duly authorised by him 

in that behalf and after  consultation with any victims, and  is being done in the interests of  justice after considering all the relevant facts and circumstances. Prosecutor: 

_________________ 

( Full Name) 

_________________ 

(Signature) 

_________________ 

(Date)

NATIONAL PROSECUTIONS SERVICE RECOMENDATION FOR GRANTING CONSENT

TO ENTER PLEA BARGAINING

1.1. CASE NUMBER;…………………….. OF 20……………….

1.2. NAME OF THE ACCUSED;………………………………..

1.3. COURT;…………………………………………………………….

1.4. OFFENCES AS PER CHARGE SHEET FILLED IN COURT.

1.5. BRIEF FACTS OF THE CASE.

..,………………………………………………

1.6. VALUE OF THE SUBJECT MATTER;,……………………………………

1.7. LOSS OCCASSIONED.

……………….(…………………………………………………………….

1.8.PROCEEDS/INSTRUMENTALITY OF CRIME (IF

ANY).

1.9. ACCUSED’S COMMITMENT (OFFER).

……………………………………………………………….(………………

1.10. LAW OFFICER/STATE ATTORNEY RECOMMENDATIONS.

………………………………………….

1.11. AUTHORISED OFFICER’S ENDORSEMENT………………………………………………………………

…………………………..

AUTHORISED OFFICER

……………………

DATE

CONSENT OF THE REGIONAL PROSECUTIONS OFFICER/DISTRICT PROSECUTIONS OFFICER

I, …………………………… ,Regional Prosecutions Officer/District Prosecutions Officer of Region/District,DO HEREBY, in terms of Section 194 C (3) of the

Criminal Procedure Act, [Cap. 20 R.E 2022] and Government Notice No….. of 2022 published on….. ,

CONSENT that a PLEA AGREEMENT be entered between the Republic and ……………in respect of Economic Case No…….of….. in the Resident Magistrate’s Court of……..at…….. /District Court of……..

at………

Signed at………this_________day of____2023.

………………………………………

REGIONAL PROSECUTIONS OFFICER/DISTRICT PRISECUTIONS OFFICER.

CONSENT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

I, ……………………………………… , Director of Public Prosecutions in the exercise of powers vested on me by section 194C (3) of the CPA, DO HEREBY CONSENT

that a PLEA AGREEMENT be entered between the Republic and……………….and…………………who are charged for contravening the provisions ofsection 302 ofthe PenalCode, [ Cap. 16 R.E 2022] and section 31 of the Prevention and Combating of Corruption Act, [CAP 329,R.E 2019] read together with paragraphs 21 of the First Schedule to, and Sections 57(1) and 60(2) of the Economic and Organised Crime Control Act, [Cap.200 R.E 2022], the particulars which are stated in the charge.

Signed at Dodoma this……………….day of…………… 20…..

.,…………………………………………………

DIRECTOR OF PUBLIC PROSECUTIONS