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Sheria za tanzania zinasemaje ,kwa kosa la kughushi ?

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by KOBELAMCHANA, Jul 19, 2012.

  1. K

    KOBELAMCHANA New Member

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    Jul 19, 2012
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    Ndugu zangu watanzania hivi sheria za Tanzania zinasemaje kama ikitokea umekamatwa kwa kosa la kughushi cheti? Naomba mnisaidie wanasheria.
     
  2. ngoshwe

    ngoshwe JF-Expert Member

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    Jul 24, 2012
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    Sheria ya Kanuni za Adhabu (Penal Code Cap. 16 R.E 2002)

    Kifungu cha 333. Forgery is the making of a false document with intent to defraudor to deceive.

    Kifungu cha 335. Any person makes a false document who-

    (a) makes a document which is false or which he has reason to believe is untrue;
    (b) alters a document without authority in such a manner that if the
    alteration had been authorized it would have altered the effect
    of the document;
    (c) introduces into a document without authority whilst it is being
    drawn up matter which if it had been authorized would have
    altered the effect of the document;
    (d) signs a document-
    (i) in the name of any person without his authority whether such
    name is or is not the same as that of the person signing;
    (ii) in the name of any fictitious person alleged to exist whether the
    fictitious person is or is not alleged to be of the same name as
    the person signing;
    (iii) in the name represented as being the name of a different person
    from that of the person signing it and intended to be mistaken
    for the name of that person;
    (iv) in the name of a person personated by the person signing the
    document, provided that the effect of the instrument depends upon the identity between the person signing the document and the person whom he professes to be.

    Punishments for Forgery


    Kifungu cha 337. Any person who forges any document is guilty of an offence which, unless otherwise stated, is a felony, and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is
    provided, to imprisonment for seven years.

    Kifungu cha 338. Any person who forges any will, document of title to land, judicial record, power of attorney, bank note; currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the court may in addition order that any such document as aforesaid shall be forfeited to the Republic.
    339. Any person who forges any judicial or official document is liable
    to imprisonment for seven years.


    Kifungu cha 340. Any person who-
    (1) forges any stamp whether impressed or adhesive used for the
    purposes of revenue or accounting by any government department; or
    (2) without lawful excuse, the proof whereof shall lie upon him,
    makes or has knowingly in his possession any die or instrument
    capable of making the impression of any such stamp; or
    (3) fraudulently cuts, tears in any way, or removes frofrom any material
    any stamp used for purposes of revenue or accounting by the
    Government, with intent that another use shall be made of such
    stamp or any part thereof; or
    (4) fraudulently mutilates any such stamp as last aforesaid, with intent
    that another use shall be made of such stamp; or
    (5) fraudulently fixes or places upon any material or upon any such
    stamp as last aforesaid any stamp or part of a stamp which whether
    fraudulently or not has been cut, torn or in any way removed
    from any other material or out of or from any other stamp; or
    (6) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing whatsoever written thereon with the intent that another use shall be made of the stamp upon such material; or


    (7) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stampwhich has been fraudulently cut, torn or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed, is liable to imprisonment for seven years.
     
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