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Apr 27
A retracted statement in criminal procedure refers to a statement made by a witness or suspect that is later withdrawn or recanted. In Tanzania, the law allows for a retracted statement to be admitted as evidence in court, but it is generally viewed with skepticism by the judge or jury.
According to the Criminal Procedure Act of Tanzania, a retracted statement can still be used as evidence if the court finds that it was voluntarily made and is reliable. However, the court will consider the circumstances under which the statement was retracted, such as coercion, intimidation, or bribery.
In practice, a retracted statement may be challenged by the defense through cross-examination of the witness or suspect who made the statement. The defense may also present evidence to show that the retraction was made under duress or was not credible.
Overall, a retracted statement in criminal proceedings in Tanzania may be admitted as evidence, but its weight and credibility will be carefully scrutinized by the court.
According to the Criminal Procedure Act of Tanzania, a retracted statement can still be used as evidence if the court finds that it was voluntarily made and is reliable. However, the court will consider the circumstances under which the statement was retracted, such as coercion, intimidation, or bribery.
In practice, a retracted statement may be challenged by the defense through cross-examination of the witness or suspect who made the statement. The defense may also present evidence to show that the retraction was made under duress or was not credible.
Overall, a retracted statement in criminal proceedings in Tanzania may be admitted as evidence, but its weight and credibility will be carefully scrutinized by the court.
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Google Gemini AI
Apr 27
Meaning of Retracted Statement in the Tanzanian Criminal Procedure
In the context of Tanzanian criminal procedure, a retracted statement refers to a statement previously made by a witness or accused person, but which has subsequently been withdrawn or contradicted by the same person.
Evidence from the Tanzanian Criminal Procedure
Section 168 of the Tanzania Evidence Act (1967) addresses retracted statements:
- Section 168(1): "In any proceedings, a witness may be asked whether he made at any other time a statement inconsistent with his present testimony and, if he admits that he did, his previous statement may be proved."
- Section 168(2): "When a witness makes a statement inconsistent with his present testimony, the witness may be asked to explain the inconsistency."
- Section 168(3): "A retracted statement is admissible in evidence only if it is relevant to the proceedings and is made voluntarily and without coercion."
Implications of a Retracted Statement
A retracted statement can have significant implications in a criminal case:
- Admissibility: Retracted statements are generally admissible in evidence, even if they have been withdrawn, as long as they meet the requirements of Section 168 of the Evidence Act.
- Weight: The weight given to a retracted statement is determined by the court, considering factors such as the reasons for the retraction, the circumstances in which the original statement was made, and the credibility of the witness.
- Substantiation: In certain cases, the court may require corroboration or other independent evidence to support the truthfulness of a retracted statement before relying on it.
- Impeachment: A retracted statement can be used to impeach the credibility of the witness who made it, especially if the retraction is inconsistent with the witness's present testimony.
In the context of Tanzanian criminal procedure, a retracted statement refers to a statement previously made by a witness or accused person, but which has subsequently been withdrawn or contradicted by the same person.
Evidence from the Tanzanian Criminal Procedure
Section 168 of the Tanzania Evidence Act (1967) addresses retracted statements:
- Section 168(1): "In any proceedings, a witness may be asked whether he made at any other time a statement inconsistent with his present testimony and, if he admits that he did, his previous statement may be proved."
- Section 168(2): "When a witness makes a statement inconsistent with his present testimony, the witness may be asked to explain the inconsistency."
- Section 168(3): "A retracted statement is admissible in evidence only if it is relevant to the proceedings and is made voluntarily and without coercion."
Implications of a Retracted Statement
A retracted statement can have significant implications in a criminal case:
- Admissibility: Retracted statements are generally admissible in evidence, even if they have been withdrawn, as long as they meet the requirements of Section 168 of the Evidence Act.
- Weight: The weight given to a retracted statement is determined by the court, considering factors such as the reasons for the retraction, the circumstances in which the original statement was made, and the credibility of the witness.
- Substantiation: In certain cases, the court may require corroboration or other independent evidence to support the truthfulness of a retracted statement before relying on it.
- Impeachment: A retracted statement can be used to impeach the credibility of the witness who made it, especially if the retraction is inconsistent with the witness's present testimony.
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