Professional Documents
Culture Documents
Criminal Procedure
Criminal Procedure
SCHOOL OF LAW
COURSE : LLB
COURSE UNIT : CRIMINAL PROCEDURE
YEAR : THREE
SEMESTER : TWO
LECTURER NAME : COUNSEL KAZIBA IBRAHIM MPAATA
GROUP MEMBERS
NO NAME REG.NO SIGN
1 NSANYUSE JOSHUA 2021-08-05313
2 ABESIGA JOHN RODERRICK 2021-08-05605
3 KAGINA PATRICK 2021-08-05720
4 SSESANGA AKRAM 2021-08-06761
5 YESIGA JIM 2021-08-06229
6 NAMANYA MOSES 2021-08-05836
7 NAMARA SHILLA 2021-08-06257
8 AKATAMBIRA MARK 2021-08-05981
9 NAMBAZIIRA OLIVIA 2021-08-06498
10 KOBUSINGYE HALIMA 2021-08-06438
11 SSEKAMATE EMMANUEL 2021-08-06535
ASSIGNMENT
NATURE OF CRIMINAL PROCEDURE
1
Law is generally divided into two parts ie. Substantive law that defines rights,
duties and liabilities and procedural law that regulates the conduct of
proceedings
Criminal procedure is composed of the laws and rules governing the series of
proceedings through which substantive criminal law is enforced
The rules of criminal procedure are different from those of civil procedure
because the two areas (criminal and civil) have different objectives, standards
of proof and results
2
Purpose of criminal procedure
To give the prosecution an opportunity to prove their case against the accused
To punish the accused if found guilty of the charge laid against him/her
All these purposes are rooted in the principle of fairness to both the accused
and the victim. Fair trial is not only a basic human right recognized under
international law, but also essential for the effective prosecution of human
rights violations, the punishment of the perpetrators and the delivery of justice
to the victims
The principle of fair trial encompasses all that is related a fair trial before the
trail in court actually occurs, such as the investigation of the crime and
collecting of evidence. It comprises positive and negative obligations. The
positive aspect involves ensuring that all investigations into crimes and
complaints are carried out properly, the necessary charges/ indictments field
and cases prosecuted according to the law. The negative aspect involves not
implicating individuals without sufficient cause, not allowing cases to proceed
in court without sufficient evidence and eliminating any abuse of power within
the prosecution mechanism
3
The laws of criminal procedure are construed to secure simplicity in
procedure , fairness in administration and elimination of unjustifiable expense
and delay. If involves the balancing of the liberty of the citizen against the
interest of the community as a whole
Criminal prosecutions are always brought in the name of the state because in
criminal trial nether the victim of the criminal act or his/her individual
sympathizers is taking part in a revenge for the wrong done
The state on the other hand, is usually the complainant and the prosecutor
because it is the state which through its legislative arm enacts laws breach of
which or such laws by any criminal activity in direct conflict with interest of
the state. Thus, as the custodian of the legal and administrative order, the
state becomes a complainant when her laws are breached
The state seeks redress on behalf of the victim by punishing the offender who
is the accused. Since it is the duty of the state to protect the society, and it
takes the responsibility to prosecute those who commit crimes. The victim
usually appears as the witness.
In the case of Uganda V Byaruhanga, 1 court held that it is the duty of the
magistrate to ensure that their clients use, their correct terminology on all
court records and in this case the proper designation is Uganda V so and so…
and therefore a field cover which was inscribed state v salmon kaifa 2 was
improper
1
CA No.13 of 2022 UGHCCRD 78
4
The law of criminal procedure is mainly contained in the following legislation;
the criminal procedure Act, the Magistrate Court Act, the trail on Indictment
Act, the Police Act, inter alia.