Sheria Ya Makosa Mitandaoni Ya Mwaka 2015: Ibara Ya 13 , Kuhusu Kuharibu Uchunguzi

JINOME

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May 29, 2017
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13.-( 1) This section applies if a person knows or has
reasonable grounds to believe that an investigation in relation to an
offence under this Part is being, or is about to be, conducted.
(2) The person commits an offence if the person-
( a) makes a disclosure that is likely to prejudice the
investigation; or
(b) falsifies, conceals, destroys or otherwise disposes of, or
causes or permits the falsification, concealment,
destruction or disposal of, documents or data that are
relevant to the investigation.
(3) A person does not commit an offence under subsection
(2)(a) if-
( a) the person does not know or have reasonable grounds to
believe that the disclosure is likely to prejudice the
investigation;
(b) the disclosure is made in the exercise of a function under
this Act or in compliance with a requirement imposed
under or by virtue of this Act; or
(c) the person is an attorney-at-law and the disclosure falls
within subsection (4).
( 4) A disclosure falls within this subsection if it is a
disclosure-
( a) to, or to a representative of, a client of the attorney-at-
law in connection with the giving by the attorney-at-law
of legal advice to the client; or
(b) to any person in connection with legal proceedings or
contemplated legal proceedings,
but a disclosure does not fall within this subsection if the disclosure
is made with the intention of furthering a criminal purpose.
( 5) A person does not commit an offence under subsection
(2)(b) ifthe person-
( a) does not know or suspect that the documents are relevant
to the investigation; or
(b) does not intend to conceal any facts disclosed by the
documents from any official carrying out the inYestigation.
(6) A person who commits an offence under subsection
(2) is liable-
(a) on conviction before a Resident Magistrate, to a fine not
exceeding three million dollars or imprisonment for a
term not exceeding three years. or both such fine and
imprisonment; or
(b) on conviction on indictment before a Circuit Court. to a
tine or imprisonment for a term not exceeding ten years,
or both such tine and imprisonment.
 

JINOME

JF-Expert Member
May 29, 2017
958
1,000
Lugha ya sheria ngumu sana
Na haipaswi kutafsiriwa kwa kiswahili, unaweza kuharibu maana. Ila kwa ujumla kwa mujibu wa ibara hii ni makosa kuingilia uchunguzi wa makosa mtandaoni kwa kutoa taarifa juu ya kuwepo kwa uchunguzi, kudanganya, kufuta taarifa zozote zinazoweza kuharibu zoezi zima la uchunguzi n.k. mfano kama utahisiwa kutenda kosa kwa kutumia kifaa chako(simu, compyuta , n.k) ukaamua kufuta document, ibara hii itakuwa inakuhusu
 

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