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

Abstract

This paper seeks to discuss the role of investigation infacilitating asset recovery process in Tanzania. In sodoing, it gives an overview of the conceptual, legal andpractical aspects tied to investigation of asset recoverycases and looks at the extent to which they facilitateasset recovery in the country. There cannot besuccessful asset recovery if no proper and adequateinvestigation is conducted. It is through investigation thatwatertight evidence is gathered and collected whereuponit is adduced in court against accused persons who standcharged with money laundering and/or any of predicateoffences. Prosecution cannot secure conviction, which isa pre-condition for asset forfeiture if both criminal andfinancial investigations are not adequately or thoroughlywell done. Equally important, application for forfeitureorder process in court after conviction depends on whatwas revealed by investigators in respect of assets thatare subject to forfeiture. The paper finds that the legalinstitutionalframework on dealing with asset recoverycases in Tanzania is inadequate thereby causing investigation to face several challenges. Havingidentified those challenges, the paper makes somerecommendations aimed at remedying the situation. Therecommendations focus on reforming the laws so thatthey adequately address asset recovery issues in thecountry.Keywords: criminal investigation, investigators, predicateoffences, conviction-based forfeiture, asset recovery.