Chapter 30
RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES.
314. Receiving stolen property, etc.
(1) Any person who receives or retains any chattel, money, valuable security or other property, knowing or having reason to believe the same to have been feloniously stolen, taken, extorted, obtained or disposed of, commits a felony and is liable to imprisonment for fourteen years.
(2) Any person who receives or retains any chattel, money, valuable security or other property, knowing or having reason to believe the same to have been unlawfully taken, obtained, converted or disposed of in a manner which constitutes a misdemeanour, commits a misdemeanour and is liable to the same punishment as the offender by whom the property was unlawfully obtained, converted or disposed of.
(3) No person, except a person pleading guilty, shall be convicted of an offence under this section unless it shall first be proved that the property which is the subject matter of the charge has in fact been stolen or feloniously or unlawfully taken, extorted, obtained, converted or disposed of.
(4) Whenever any person is being proceeded against under any of the provisions of this section for receiving or retaining any property, for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceedings—
(a) the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his or her possession;
(b) the fact that within the five years preceding the date of the offence charged he or she was convicted of any offence involving fraud or dishonesty; but this fact may not be proved unless—
(i) seven days’ notice in writing has been given to the offender that proof of such previous conviction is intended to be given; and
(ii) evidence has been given that the property in respect of which the offender is being tried was found or had been in his or her possession, and no evidence of the kind mentioned in this subsection may be given in any proceedings if there is included in the charge or indictment a count for any offence other than an offence under the provisions of this section.
- Persons suspected of having or conveying stolen property.
(1) When any police officer has stopped, searched or detained any vessel, boat, aircraft, vehicle or person under section 7 of the Criminal Procedure Code Act or searched any building, vessel, carriage, box, receptacle or place pursuant to a search warrant issued under section 69 of the Magistrates Courts Act and has seized anything which may reasonably be suspected of having been stolen or unlawfully obtained, and if the person in whose possession that thing was found does not give an account to the satisfaction of the court of how he or she came by it, the person commits a misdemeanour.
(2) For the purposes of subsection (1), a thing shall be deemed to be in the possession of a person if—
(a) when found by a police officer acting under section 7 of the Criminal Procedure Code Act it is on the person of or being carried by such person or is part of his or her goods or luggage on a vessel, boat, aircraft or vehicle; or
(b) when found by a police officer acting pursuant to a search warrant issued under section 70 of the Magistrates Courts Act it is in a part of a building in which such person resides, or which he or she occupies or is in a vessel, carriage, box, receptacle or place under his or her control.
316. Unlawful possession of Government stores.
(1) The Minister may, by statutory instrument, give directions as to the marks which may be applied in or on any stores under the control of any branch or department, and being the property of the Government.
(2) Any person who is charged with conveying or with having in his or her possession, or keeping in any building or place, whether open or enclosed, any stores so marked, which may be reasonably suspected of having been stolen or unlawfully obtained, and who does not give an account to the satisfaction of the court of how he or she came by the stores, commits a misdemeanour.
(3) For the purposes of this section— (a) “marks” includes mark or any part of a mark; and (b) “stores” includes all goods and chattels and any single store or article or part thereof.
317. Receiving goods stolen outside Uganda.
Any person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way under such circumstances that if the act had been committed in Uganda the person committing it would have been guilty of a felony or misdemeanour, receives or has in his or her possession any property so stolen or obtained outside Uganda, commits an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years.
318. Prohibition of exportation without licence.
(1) The exportation or importation of goods from or into Uganda is prohibited except under licence granted by the Minister responsible and through such places of exit or entry as may be prescribed, from time to time, for that purpose by the Minister responsible; except that no licence shall be required for the exportation or importation of any goods which are—
(a) for the personal use of the person exporting or importing them; or
(b) gifts,
and are in either case in a quantity reasonable for the respective purpose. (2) In subsection (1), “Minister responsible” means the Minister to whom the functions under that subsection are assigned.
(3) The customs posts in existence immediately before the 11th January 1980 shall, for the purpose of subsection (1), be deemed to be the prescribed places of exit or entry for the time being.
(4) An authorised officer shall not permit the exportation or importation of any goods in contravention of this section but shall in each case detain the goods being so exported or imported until he or she is satisfied that the appropriate licence has been obtained or any condition of such licence has been obtained or fulfilled, and any officer who fails to comply with this subsection commits an offence and shall on conviction be sentenced to imprisonment of not less than three years and not more than fourteen years and shall in addition pay a fine of not more than five million shillings and in default thereof shall be sentenced to a further term of imprisonment of not more than two years.
(5) In subsection (4), “authorised officer” means a customs officer in respect of matters of customs, a police officer, a trade development officer, a chief appointed under the Local Governments Act or vigilante groups.
319. Smuggling.
(1) Any person who exports or imports any goods from or into Uganda—
(a) in contravention of section 318;
(b) in such manner that the goods are—
(i) concealed in any way;
(ii) packed in any package, whether or not with other goods, in a manner calculated to deceive any authorised officer;
(iii) contained in any package of which the entry or application for carriage out of or within Uganda does not correspond with such goods; or
(c) in any manner by which he or she evades the control of customs over such exportation or importation, commits the offence of smuggling and is liable on conviction to a term of imprisonment of not less than three years and not more than fourteen years and shall in addition pay a fine of not more than five million shillings and in default thereof shall be sentenced to a further term of imprisonment of not more than two years.
(2) Notwithstanding subsection (1), where in the course of committing the offence of smuggling an offender is armed with, uses or threatens to use a deadly weapon or causes death or grievous harm to any person or authorised officer, the offender and any other person jointly concerned in committing the offence of smuggling shall, on conviction by the High Court, be sentenced to death.
(3) In subsection (2), “deadly weapon” includes any instrument made or adapted for shooting, stabbing or cutting and any instrument which, when used for offensive purposes, is likely to cause death.
(4) Where a court convicts a person for smuggling under this section, the court shall, in addition to the penalty prescribed under that subsection, order the goods found to have been smuggled to be forfeited to the Government, as well as the vessel, vehicle or aircraft, if any, used in the commission of the offence, where that vessel, vehicle or aircraft, belongs to the offender or its owner was privy to the offence; but a bona fide creditor of the accused person in respect of the goods or vessel, vehicle or aircraft forfeited under this section may, upon proof to the Minister responsible for finance of his or her interest in the goods, vessel, vehicle or aircraft be paid such part of the proceeds as the Minister may deem fit.
(5) For the avoidance of doubt, the payment by the Minister responsible for finance under subsection (4) shall be a good discharge of the accused to his or her creditor to the extent only of the actual amount so paid without prejudice to any further obligations outstanding.
320. Possession of goods suspected to have been smuggled.
Any person who is found in possession of property or goods reasonably suspected to have been smuggled into Uganda or about to be smuggled from Uganda in contravention of sections 318 and 319 commits an offence and is liable to the same penalties as are prescribed in section 319.
321. Attempting to smuggle.
(1) Any person who transports any goods to a place within Uganda in such manner, towards such direction and in such quantity as to appear to be transporting such goods to a place outside Uganda in contravention of section 318 shall be presumed to be attempting to smuggle.
(2) When a vessel, vehicle, aircraft or other means of conveying or carrying transit goods in Uganda—
(a) diverts, without reasonable cause, from its normal route;
(b) off-loads the goods; or
(c) loads other goods which were not in transit, the owner or the person in charge of such vessel, vehicle, aircraft or other means of conveying shall be presumed to be attempting to smuggle.
(3) Any person convicted of the offence in this section is liable to the same penalties as are prescribed in section 319.