The office of the director of public prosecution was established by the Director of Public

prosecutions Act 1990(the Act) to institute conduct and supervise prosecutions and related
proceedings. The powers of director of public prosecution provided under Article 59B (2), (3)
and (4) of a constitution of United Republic of Tanzania of 1977. According to Article 59B (2),
“The director of public prosecutions shall have powers to institute, prosecute and supervise all
criminal prosecutions in a country”.1
The DPP is the sole Authority vested with the power and responsibility to exercise control over
the prosecution of all criminal matters except the institution of a court Martial.
The following are the roles of the office of director of public prosecution in controlling
criminal proceedings in Tanzania.
The Office of the Director of Public Prosecutions (DPP) in Tanzania plays a crucial role in the
criminal justice system, particularly in criminal proceedings. The primary responsibility of the
DPP is to represent the public interest in criminal cases and ensure that criminal offenses are
prosecuted in accordance with the law.
Here are the key roles and responsibilities of the Office of the DPP in criminal proceedings in
Tanzania:
Decision to prosecute: The DPP has the authority to decide whether or not to prosecute a person
charged with a criminal offense. The DPP considers factors such as the strength of the evidence,
the seriousness of the offense, and the public interest before making a decision. National
prosecution service act section 29(c) Coordinate and supervise criminal investigation and conduct
of criminal prosecution in courts of law other than court martial; In the constitution of the
united republic of Tanzania of 1997 article 59B.-
The powers of the Director of Public Prosecutions under sub article (2), may be exercised by him
in person or on his directions, by officers under him or any other officers who discharge these
duties under his instructions.
In exercising his powers, the Director of Public Prosecutions shall be free, shall not be interfered
with by any person or with any authority and shall have regard to the following
(a) the need to dispensing justice;
(b) prevention of misuse of procedures for dispensing justice;
(c) public interest.
The Director of Public Prosecutions shall exercise his powers as may be prescribed by any law
enacted or to be enacted by the Parliament.

1
Constitution of united republic of Tanzania of 1997
2
National prosecution service act of 2019
Reviewing and preparing cases: The DPP reviews cases submitted by the police or other
investigative agencies to determine whether there is sufficient evidence to proceed with
prosecution. Decide to prosecute or not to prosecute in relation to any offence;
The DPP’s office may also gather additional evidence, interview witnesses, and consult with
experts as needed.
Representing the public interest: In criminal proceedings, the DPP represents the public
interest and ensures that the accused is held accountable for their actions. The DPP works closely
with the defense counsel to present evidence and arguments in court. In National prosecution
service act section 9(d)3 it is provided that intervene and take over at any stage of criminal
proceedings, appeal, execution or any incidental proceedings before any court of law to which
the Central Government, independent department, agency or a local government has interest;
Negotiating plea bargains: In some cases, the DPP may negotiate a plea bargain with the
accused, which involves the accused pleading guilty to a lesser charge in exchange for a reduced
sentence.
Appealing court decisions: The DPP has the authority to appeal court decisions in criminal
cases, including acquittals or sentences that the DPP believes are inadequate. Section 9 (d) of
intervene and take over at any stage of criminal proceedings, appeal, execution or any incidental
proceedings before any court of law to which the Central Government, independent department,
agency or a local government has interest;

Legal Advice and Representation: The DPP provides legal advice and guidance to law
enforcement agencies, prosecutors, and other stakeholders in the criminal justice system.
The ODPP provides legal advice and represents law enforcement agencies during criminal
prosecutions. Their goal is to ensure fair, impartial, and efficient handling of criminal matters.
Instituting and Undertaking Criminal Proceedings: The ODPP has the authority to initiate
and handle criminal cases against individuals before a court of law (except for court-martial
proceedings). This includes prosecuting offenses that contravene Tanzanian laws, 4The Director
of Public Prosecutions shall have powers to institute, prosecute and supervise all criminal
prosecutions in the country, it is provided under Article 59B (2), (3) and (4) of a constitution of
United Republic of Tanzania of 19775. According to Article 59B (2), “The director of public
prosecutions shall have powers to institute, prosecute and supervise all criminal prosecutions in a
country”.
3
National prosecution service act
4
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prosecution in Tanzania

5
Constitution of united republic of Tanzania
Under Economic and Organized crime control act section 26(2) prescribe the roles of the
office of DPP as the following
The director of public prosecutions shall establish and maintain a system, whereby the process of
seeking and obtaining of his consent for prosecution maybe expedited and may for that purpose
by notice published Gazette, specify economic offenses the prosecution of which shall require
the consent of the director of public prosecution in person and those the power of consenting to
the prosecution of which may be exercised by such officer or officers subordinate to him as he
may specify acting in accordance with his general or special instructions. 6
The director of public prosecutions shall have and may exercise in relation to prosecutions under
this Act the same power which is conferred on him in respect of public and private prosecutions
by the criminal procedure Act.7
Therefore, in prosecuting matters, the director act on behalf of the community. Prosecutors have
strikingly been called “minister of justice”, phrase which sums up the unique position of the
prosecutors must always act with fairness and detachment with the objectives of establishing the
whole truth and ensuring a fair trial.
Although the office does not have client as such, in performing its functions the office works
closely with the courts, the legal profession, police and other investigators, victim’s
representatives and other government agencies. The DPP must also ensure that appropriate
consideration is given to the concerns of victims of crime. Overall, the Office of the DPP plays a
vital role in ensuring that criminal offenses are prosecuted fairly and in accordance with the law
in Tanzania.

6
Economic and organized crime control act
7
Criminal procedure act
REFERENCE
STATUTES
National Prosecutions Service Act chapter 430 2022
Constitution of United Republic of Tanzania 2005
Economic and Organised Crime Control Act
INTERNET SOURCES

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prosecution in Tanzania