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Criminal Investigations

What is a Crime?
There is no legal definition of a crime. The only means of
understanding what a crime means is by juxtaposing it with an
offence. They more or less mean the same thing. Section 2 (s) of the
Penal code cap 120 defines an offence as an act, attempt or omission
punishable by law.
If a crime is committed, investigators will work to determine what
happened and who is responsible. After evidence collection, it is
presented to the police or to courts in criminal defence
investigations. If the perpetrator is found, he or she may be brought
to court and accused.
What is a Criminal Investigation?
A criminal investigation is an undertaking that seeks, collects, and
gathers evidence for a case or specific purpose. A criminal
investigator looks for clues and evidence to determine whether a
crime has taken place. If a crime has been committed, criminal
investigators may look into the background of the accused and may
try to uncover who committed the crime. Criminal investigators
undertake several investigation techniques in order to find the
necessary evidence for a case.
The process of criminal investigations
Victims must register their complaints at a local police station
preferably within 24 hours, near where the crime occurred. Upon
recording the complaint, the police should prepare a report and a
case reference number is given to the individual.
Criminal investigations are handled by the Directorate of Criminal
Investigation and Crime Intelligence (CICI) headed by Assistant
Inspector General of Police, Grace Akullo. The function of the
Directorate is to ensure effective detection, investigation and
prevention of crime. If a case is awaiting sufficient evidence, it can
remain open indefinitely under Put Away (PA) status. Once new
evidence emerges, the police can recall a PA case.

Once a case file is opened, a Criminal Investigation Officer forwards


the file to the Department of the Public Prosecutor (DPP), where a
State Attorney reviews the file. If the State Attorney is satisfied that
there is sufficient information that a crime may have been
committed, he/she advices the police what charges to apply in the
case. If the State Attorney finds the evidence insufficient, he/she
instructs the police to conduct further investigation or close the file
and release the accused.
For minor offences, investigations and preparations for trial rarely
take more than 30 days, though they have been known to last up to
six months. If investigations for minor crimes last longer, the police
sometime abandon the case. If additional evidence is obtained at a
later date, the police can re-arrest the suspects.
At times, prosecutors take the accused to court without evidence
before the 48-hour time limit expires. The magistrate may choose to
allow the investigation to proceed, and the prosecutor is required to
inform the court of the progress of the investigation every two
weeks. The accused must also appear in person before the court
every 14 days. In this scenario, a case is considered "on mention." A
case can continue on mention for 60 days for minor offenses, or 180
days for serious offenses. If the judge deems that insufficient
progress has been made in the investigation, he or she can dismiss
the case. In practice, individuals can be detained for up to five years
for awaiting trial for serious offenses. Over two-thirds of the prison
population in Uganda is composed of prisoners awaiting trial.
What Kinds of Criminal Investigations Exist?
Types of Criminal Investigation
Fraud investigations
Crime scene investigations
Sexual crime investigations

Physical evidence is very important in sexual assault

cases, and can deteriorate as time passes. As such, victims should not change clothes, avoid
bathing if possible, and have a physical exam at the first opportunity. Forensic sexual assault

exams must be conducted by the Ugandan police doctors at their facilities if the victim wants
to report the crime to the police. Also, it is important to note that the victim must pay up to
50,000 Ugandan shillings for this exam. This exam generally includes a pelvic exam,
vaginal/penile/anal swabs, head and pubic hair samples, fingernail scrapings, blood samples,
saliva samples.

Theft investigations
Kidnapping investigations
Assault investigations
Homicide investigations
Criminal defense investigations
Criminal Investigation Techniques:
Interviews
Crime scene photography
Surveillance
Background checks
Document searches

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