Criminal Law

Criminal law is a set of laws used to punish people whose conduct is considered to be a danger to society, property, life, morality, or safety. Since criminal law is a body of laws relating to society, the government or state takes responsibility for the trial of these offenses. All cases are brought in the name of Uganda or the state, e.g. Uganda vs John Friday Opego.

Children who are below the age of 12 are considered in criminal law to be too young to understand to be responsible for their actions and, therefore, cannot commit a criminal offense.

The person suspected of committing the crime is often referred to as the “accused”. The accused in every criminal matter is given an opportunity to defend themselves in court by providing evidence to challenge the charges made against them. The accused also has the right to remain silent because the Constitution declares every accused innocent until proved guilty.

In criminal cases, it is for the Government through the State Prosecutor or State Attorney to prove the case against the accused person in a court of law.

The Prosecutor/Attorney uses witnesses and exhibits in court to prove the case. The evidence must be strong enough not to leave a doubt in the mind of the Judge or Magistrate that the accused is the person who committed the offense. The Magistrate/Judge listens to both the arguments of the prosecution and the defense before he/she makes up his mind as to whether the accused is guilty or not.