The Uganda Law Reform Commission has successfully conducted a comprehensive study aimed at proposing the development of legislation for the recovery of proceeds of crime. Over time, several efforts have been made to enable the recovery of such proceeds through various laws, including the Anti-corruption Act of 2009, the Anti-Money Laundering Act of 2013, and the Penal Code Act. However, the lack of a comprehensive law covering civil, criminal, and administrative asset recovery has been the root cause of inefficiencies in the process.
The study focused on five specific objectives to improve the current system of proceeds of crime recovery:
a) Introduction of a New Policy, Law, or Regulation: The proposed legislation aims to fill the existing gaps by introducing a new, cohesive policy, law, or regulation on the recovery of proceeds of crime. This will create a stronger legal foundation for the effective retrieval of ill-gotten assets.
b) Strengthening Coordination and Institutional Capacity: Recognizing the importance of cooperation among relevant institutions, the proposed law seeks to enhance coordination and institutional capacity. This approach is aimed at fostering a more efficient and effective asset recovery process.
c) Innovation of New Actions or Interventions: The study proposes innovative actions and interventions to address the challenges faced in the recovery of proceeds of crime. These innovative measures are expected to improve the success rate of asset retrieval efforts.
d) Enhancement of Existing Frameworks Implementation: By identifying and addressing the shortcomings of the current frameworks, the proposed legislation seeks to enhance the implementation of existing procedures related to the recovery of proceeds of crime.
e) Enhancement of Awareness Creation: The study recognizes the importance of public awareness in combating proceeds of crime. Accordingly, the proposed legislation aims to increase awareness among the general population, as well as among law enforcement agencies and relevant stakeholders.
The envisioned law is designed to address the inadequacies in the current legal framework on the recovery of proceeds of crime. Key provisions of the proposed legislation include the establishment of civil asset recovery procedures, detailed guidelines for conviction-based recovery, asset management and disposal mechanisms, recovery of consequential benefits, and guidelines on the utilization of the recovered proceeds.
This project has yielded a comprehensive proposal for the development of legislation on the recovery of proceeds of crime. The proposed law aims to bridge the gaps in the existing legal framework, enhance coordination among relevant institutions, introduce innovative approaches, improve the implementation of current frameworks, and raise public awareness about the importance of combatting proceeds of crime.
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Completed Projects