Act 9
Penal Code Act
2008
296. Theft after Preparation made for Causing Death, Hurt or
Restrain in Order to Facilitate the Committing of the Theft.
Whoever commits theft having made preparation for causing
death, injury, restraint or fear of death or of injury or of restraint
to any person in order to facilitate such theft or in order to
facilitate his or her escape after the committing of such theft or
in order to the retaining of property taken by such theft, shall
upon conviction, be sentenced to imprisonment for a term not
exceeding ten years with a fine or with both.
Illustrations—
(a) “A” commits theft on property in “Z’s” possession; while
committing this theft he has a loaded pistol under his or her
garment having provided this pistol for the purpose of
hurting “Z” in case he or she should resist. “A” has
committed an offence under this section;
(b) “A” picks “Z’s” pocket, having posted several of his or her
companions near him or her, in order that they may restrain
“Z”, if “Z” should perceive what is passing and should
resist or should attempt to arrest “A”. “A” has committed
an offence under this section.
Receipt or Possession of Stolen Property
297. Receipt of Stolen Property.
(1) Property, the possession of which has been transferred by
theft or by extortion or by robbery, and property, which has
been criminally misappropriated or in respect of which
criminal breach of trust or cheating has been committed, is
stolen property, whether the transfer has been made or the
misappropriation or breach of trust has been committed
within Southern Sudan or elsewhere. But, if such property
subsequently comes into the possession of a person legally
entitled to the possession thereof, it then ceases to be stolen
property.
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