1. Criminal Assets Recovery
a) Tracing
Under sections 13 and 16 of the Prevention of Corruption Act, the DPP is empowered by order to authorize a police officer of or above the rank of assistant superintendent or special investigator to investigate any bank account, share account or purchase account or inspect any documents related to any person employed by a public body including those of a spouse or child, agent or trustee suspected to have contravened the Act.
The IGG is also empowered to inspect bank accounts of persons suspected to contravene the anti-corruption laws. The order of inspection must be signed by the IGG or the Deputy IGG in person.
The Leadership Code Act requires leaders to declare their wealth including that of spouse, child and dependent and account for how it was acquired. Where a leader fails to comply, this may lead to a warning, caution, dismissal or vacation of office. The law is intended to enable the IGG to trace for ill gotten wealth. The limitation is that it tackles corruption in the public sector and omits that in the private sphere.
The DPP is empowered to apply for an order from court to freeze bank accounts of accused persons or suspected criminals and or their associates or disposal of any property for the purpose of ensuring the payment of compensation of the victim or for preventing the dissipation of any monies or other property.
The restriction should not exceed the amount involved in the commission of the offence or to be limited to the amount of compensation to the victim.
Court is required to review the order every 6 months if still in force and the order unless earlier revoked expires 6 months after the death of the person against whom it was issued.
Subsection (5) requires the DPP to serve the order on the banker or accused or suspected person and any other person to whom the order relates. The aforementioned provisions apply to persons convicted of embezzlement, causing financial loss and stealing by agents under the Penal Code.
The IGG is also empowered to freeze accounts of persons suspected of having contravened anti-corruption legislation.
Where it is proved that leader obtained any property in breach of the Leadership Code, the same is forfeited to government or public body.
d) Compensation
Where upon conviction of a corruption offence it is proved that a principal suffered loss due to the agent's commission, the court may order compensation.
The IGG may order a leader to pay compensation to government or public body having regard to the loss suffered and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act and shall be executed in the manner provide under section 39 of that Act.
2. Civil Asset Recovery and Civil Law Suits
Except for utilizing the civil execution procedure after the criminal proceedings, civil process is not applicable in Uganda.
