The Role of Criminal Investigation in Facilitating Asset Recovery in Economic Crime in Tanzania

Abstract

This paper seeks to discuss the role of investigation in
facilitating asset recovery process in Tanzania. In so
doing, it gives an overview of the conceptual, legal and
practical aspects tied to investigation of asset recovery
cases and looks at the extent to which they facilitate
asset recovery in the country. There cannot be
successful asset recovery if no proper and adequate
investigation is conducted. It is through investigation that
watertight evidence is gathered and collected whereupon
it is adduced in court against accused persons who stand
charged with money laundering and/or any of predicate
offences. Prosecution cannot secure conviction, which is
a pre-condition for asset forfeiture if both criminal and
financial investigations are not adequately or thoroughly
well done. Equally important, application for forfeiture
order process in court after conviction depends on what
was revealed by investigators in respect of assets that
are subject to forfeiture. The paper finds that the legalinstitutional
framework on dealing with asset recovery
cases in Tanzania is inadequate thereby causing investigation to face several challenges. Having
identified those challenges, the paper makes some
recommendations aimed at remedying the situation. The
recommendations focus on reforming the laws so that
they adequately address asset recovery issues in the
country.

Keywords: criminal investigation, investigators, predicate
offences, conviction-based forfeiture, asset recovery.