Code of Criminal Procedure-Rwanda - Revision history

Ibjadmin at 09:28, 27 July 2010

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	Kigali, on 17/5/2004		Kigali, on 17/5/2004

			----
			See [[Rwanda]]

Ddemetriou at 13:25, 15 April 2010

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Ddemetriou at 13:16, 15 April 2010

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Ddemetriou at 13:08, 15 April 2010

2010-04-15T13:08:33Z

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	However, if an accused committed the offence while still holding the post that qualifies for privileged jurisdiction and at the time of investigation and prosecution he or she has left office, the privileged jurisdiction is lost.		However, if an accused committed the offence while still holding the post that qualifies for privileged jurisdiction and at the time of investigation and prosecution he or she has left office, the privileged jurisdiction is lost.





	~~Chapter 6. EXECUTION OF JUDGMENTS~~

			== Chapter 6. EXECUTION OF JUDGMENTS ==

	Article: 209		'''Article: 209'''

	Execution of judgement is conducted by the following:		Execution of judgement is conducted by the following:

	1� Career balliffs;		1� Career balliffs;

	2� Prison director;		2� Prison director;

	3� Government officials, court registrars and local government authorities empowered to do so by the Minister in charge of Justice.		3� Government officials, court registrars and local government authorities empowered to do so by the Minister in charge of Justice.

	Article: 210		'''Article: 210'''

	Supervisors of execution of judgements are the following :		Supervisors of execution of judgements are the following :

	1� A public prosecutor, in matters concerning death penalty, imprisonment, amages awarded by a court on its' own motion and imprisonment for non-payment of fine and additional sentence;		1� A public prosecutor, in matters concerning death penalty, imprisonment, amages awarded by a court on its' own motion and imprisonment for non-payment of fine and additional sentence;

	2� Civil party in matters concerning damages claimed by and awarded to civil plaintiff;		2� Civil party in matters concerning damages claimed by and awarded to civil plaintiff;

	3� A court clerk in matters concerning recovery of fines, court fees and proportional rights calculated on the basis of percentage awarded to an adverse party.		3� A court clerk in matters concerning recovery of fines, court fees and proportional rights calculated on the basis of percentage awarded to an adverse party.

	Article: 211		'''Article: 211'''

	Without prejudice to the provisions of article 170 of this law, an accused who is acquitted is immediately released by in-charge of prison at the presentation of an extract of a copy of judgment.		Without prejudice to the provisions of article 170 of this law, an accused who is acquitted is immediately released by in-charge of prison at the presentation of an extract of a copy of judgment.
	If what has been mentioned in a proceeding paragraph, and in Article 169 have not been put in practice and the acused is retained in prison, the judge takes decision as mentioned in article 88 and 89 of this law.		If what has been mentioned in a proceeding paragraph, and in Article 169 have not been put in practice and the acused is retained in prison, the judge takes decision as mentioned in article 88 and 89 of this law.

			===Section 1. Death penalty===

	Section 1. Death penalty



	Article: 212		'''Article: 212'''

	Any person sentenced to death shall suffer death by shooting.		Any person sentenced to death shall suffer death by shooting.

	Article: 213		'''Article: 213'''

	The place and modalities for executing death sentence are determined by a decree of the Minister having Justice in his or her attributions.		The place and modalities for executing death sentence are determined by a decree of the Minister having Justice in his or her attributions.
	A person who has been sentenced to death, in the company of a religious minister of his or her choice, shall be taken to the place of execution and immediately fired.		A person who has been sentenced to death, in the company of a religious minister of his or her choice, shall be taken to the place of execution and immediately fired.

	Article: 214		'''Article: 214'''

	A person sentenced to death punishment shall not be fired on days that are legally recognised as public holidays.		A person sentenced to death punishment shall not be fired on days that are legally recognised as public holidays.

	Article: 215		'''Article: 215'''

	When it is proved that a woman who has been sentenced to death is pregnant, she cannot be fired before delivering.		When it is proved that a woman who has been sentenced to death is pregnant, she cannot be fired before delivering.

	Article: 216		'''Article: 216'''

	Dead bodies of persons executed are, upon request, given to their relatives for private burial.		Dead bodies of persons executed are, upon request, given to their relatives for private burial.

	Article: 217		'''Article: 217'''

	A statement of the execution of judgment shall be immediately recorded by a Court Clerk. It will be signed by the President of the court that passed the sentence or his or her deputy and by a representative of the public prosecution and a Court Clerk.		A statement of the execution of judgment shall be immediately recorded by a Court Clerk. It will be signed by the President of the court that passed the sentence or his or her deputy and by a representative of the public prosecution and a Court Clerk.

	The statement shall be transcribed by a Court Clerk at the foot of the judgment.		The statement shall be transcribed by a Court Clerk at the foot of the judgment.

Ddemetriou at 13:05, 15 April 2010

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Ddemetriou at 12:57, 15 April 2010

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	Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person.		Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person.





	~~Chapter 5. SPECIAL PROCEEDINGS~~

			== Chapter 5. SPECIAL PROCEEDINGS ==

			===Section 1. Prosecution of juvenile offenders===

			'''Article: 184'''

	~~Section 1. Prosecution of juvenile offenders~~



	Article: 184
	A child who is below the age of twelve (12) years cannot be detained in the custody meant for criminal suspects.		A child who is below the age of twelve (12) years cannot be detained in the custody meant for criminal suspects.
	However for exceptional reasons, a child who is aged between ten (10) and twelve (12) years against whom there are undoubtful reasons to suspect that he or she has committed an offence can, for the purposes of investigation, be detained by a judicial police for a period which can not exceed forty-eight (48) hours but only when the offence he or she is suspected to have committed is punishable with at least five (5) years imprisonment.		However for exceptional reasons, a child who is aged between ten (10) and twelve (12) years against whom there are undoubtful reasons to suspect that he or she has committed an offence can, for the purposes of investigation, be detained by a judicial police for a period which can not exceed forty-eight (48) hours but only when the offence he or she is suspected to have committed is punishable with at least five (5) years imprisonment.

	Article: 185		'''Article: 185'''

	A minor who is being prosecuted must be defended by a counsel. If the minor or his or her guardians can not choose one, the prosecution can ask the President of the lawyers Association bar to appoint one.		A minor who is being prosecuted must be defended by a counsel. If the minor or his or her guardians can not choose one, the prosecution can ask the President of the lawyers Association bar to appoint one.

	Article: 186		'''Article: 186'''

	A judicial police officer or a public prosecutor charged with the investigation of a case makes all diligence and carries out necessary investigation so that the truth and personality of the minor as well as appropriate means for his or her rehabilitation can be demonstrated.		A judicial police officer or a public prosecutor charged with the investigation of a case makes all diligence and carries out necessary investigation so that the truth and personality of the minor as well as appropriate means for his or her rehabilitation can be demonstrated.

	For that purpose, he or she can issue necessary warrants or order judicial inquiry in accordance with ordinary law.		For that purpose, he or she can issue necessary warrants or order judicial inquiry in accordance with ordinary law.

	Through investigation, he or she will gather all the evidence concerning the status of the life of the child, his or her education and school life and the manner in which he or she was brought up.		Through investigation, he or she will gather all the evidence concerning the status of the life of the child, his or her education and school life and the manner in which he or she was brought up.

	A public prosecutor shall order for medical examination, and, if necessary, orders psychological examination into the behaviour of the child. He or she decides to put the child in a centre where his or her behaviour can be observed.		A public prosecutor shall order for medical examination, and, if necessary, orders psychological examination into the behaviour of the child. He or she decides to put the child in a centre where his or her behaviour can be observed.

	Article: 187		'''Article: 187'''

	After the procedures provided for in article 186 of this law have been conducted, the prosecutor can :		After the procedures provided for in article 186 of this law have been conducted, the prosecutor can :

	1� release the child when he or she finds that the charge against him or her has not been well established and hands him or her to his or her parents or guardians;		1� release the child when he or she finds that the charge against him or her has not been well established and hands him or her to his or her parents or guardians;

	2� hand him or her to a competent court;		2� hand him or her to a competent court;

	3� put the child in a rehabilitation centre while awaits a court decision.		3� put the child in a rehabilitation centre while awaits a court decision.

	Article: 188		'''Article: 188'''

	A court chamber that is competent to try children is the one situated in the area where the offence was committed, where the child resides or where parents or guardians reside, where the child was found or where he or she was sent by a court.		A court chamber that is competent to try children is the one situated in the area where the offence was committed, where the child resides or where parents or guardians reside, where the child was found or where he or she was sent by a court.

	Article: 189		'''Article: 189'''

	A juvenile chamber decides a case after hearing from the child, witnesses, parents, guardians, the prosecution and defence counsel. It can also hear from the child's majority-age co-accused or accomplices.		A juvenile chamber decides a case after hearing from the child, witnesses, parents, guardians, the prosecution and defence counsel. It can also hear from the child's majority-age co-accused or accomplices.

	Article: 190		'''Article: 190'''

	A juvenile chamber can, depending on to the case before it, order measures for protection of the child, assistance, supervision or education if it deems appropriate.		A juvenile chamber can, depending on to the case before it, order measures for protection of the child, assistance, supervision or education if it deems appropriate.

	Article: 191		'''Article: 191'''

	A civil action against the child or against the one who is responsible for paying damages is filed before a juvenile court.		A civil action against the child or against the one who is responsible for paying damages is filed before a juvenile court.
	When a child or children are jointly charged with one or several adult persons, an action for damages is filed before a court, which is competent to try adults. In that case, the child or children do not attend the hearing but instead, their legal representatives attend.		When a child or children are jointly charged with one or several adult persons, an action for damages is filed before a court, which is competent to try adults. In that case, the child or children do not attend the hearing but instead, their legal representatives attend.
	When a child or his or her legal representative falls to choose a counsel, one is automatically appointed.		When a child or his or her legal representative falls to choose a counsel, one is automatically appointed.

	Article: 192		'''Article: 192'''

	Children who are above the age of twelve (12) but below the age of eighteen (18) are tried by a juvenile court in accordance with the procedure laid down by ordinary law.		Children who are above the age of twelve (12) but below the age of eighteen (18) are tried by a juvenile court in accordance with the procedure laid down by ordinary law.

Ddemetriou at 12:53, 15 April 2010

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	When there is a civil party in the case, he or she bears the costs in accordance with the provisions of paragraph 2 of article 151 unless the amount of damages awarded before has been increased on appeal.		When there is a civil party in the case, he or she bears the costs in accordance with the provisions of paragraph 2 of article 151 unless the amount of damages awarded before has been increased on appeal.

			===Section 3. Application for Review===


	Section 3. Application for Review

			'''Article: 180'''

			An application for review of a criminal case which has been finally determined can be made for the benefit of any person who has been convicted of a felony or misdemeanour if:

	~~Article: 180~~
	~~An application for review of a criminal case which has been finally determined can be made for the benefit of any person who has been convicted of a felony or misdemeanour if:~~
	1�After a person convicted of homicide, there is latter discovered enough evidence indicating that the person alleged to have been killed is actually not;		1�After a person convicted of homicide, there is latter discovered enough evidence indicating that the person alleged to have been killed is actually not;

	2� After a person convicted of an offence there is discovered another similar judgment which punished a different person for the same offence and the contradiction in the two cases show that one of the convicted persons was innocent;		2� After a person convicted of an offence there is discovered another similar judgment which punished a different person for the same offence and the contradiction in the two cases show that one of the convicted persons was innocent;

	3� One of the witnesses to a case is subsequently found to have given false testimony against the accused person and the former has already been convicted for the offence. The person convicted of perjury can not be called as a witness in the new case;		3� One of the witnesses to a case is subsequently found to have given false testimony against the accused person and the former has already been convicted for the offence. The person convicted of perjury can not be called as a witness in the new case;

	4� After judgment, there is discovered new evidence, indicating that the convicted person was innocent. v		4� After judgment, there is discovered new evidence, indicating that the convicted person was innocent. v

	Article: 181 ( Organic Law no 20/2006 of 22/04/2006)		'''Article: 181''' ( Organic Law no 20/2006 of 22/04/2006)

	An application for review is made by the following:		An application for review is made by the following:

	1� the prosecution or the victim if the former does not make it;		1� the prosecution or the victim if the former does not make it;

	2� a person sentenced to death or imprisonment.		2� a person sentenced to death or imprisonment.

	Where the convicted person is dead or declared missing, an application for review can be made by his or her spouse, children, or other heirs by means of law, successors of his or her estate collectively or individual persons he or she expressly gave the mandate.		Where the convicted person is dead or declared missing, an application for review can be made by his or her spouse, children, or other heirs by means of law, successors of his or her estate collectively or individual persons he or she expressly gave the mandate.

	Article: 182		'''Article: 182'''

	An application for review is made to the court that gave the judgment at the last instance.		An application for review is made to the court that gave the judgment at the last instance.

	Article: 183		'''Article: 183'''

	A judgment that results in the innocence of an accused person may, upon application of the party to a case, award to him or her damages for injury the punishment may have caused to him or her.		A judgment that results in the innocence of an accused person may, upon application of the party to a case, award to him or her damages for injury the punishment may have caused to him or her.
	When the victim of the miscarriage of justice is dead, the right to claim damages will devolve, under the same conditions, to a spouse, heirs, parents or descendants up to the second degree of lineage.		When the victim of the miscarriage of justice is dead, the right to claim damages will devolve, under the same conditions, to a spouse, heirs, parents or descendants up to the second degree of lineage.

	Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person.		Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person.

Ddemetriou at 12:51, 15 April 2010

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Ddemetriou at 12:42, 15 April 2010

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Ddemetriou at 11:02, 15 April 2010

2010-04-15T11:02:58Z

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	Ball conditions can be ordered when the offence a person is charged of is a misdemeanour or a felony.		Ball conditions can be ordered when the offence a person is charged of is a misdemeanour or a felony.

	Article: 91		'''Article: 91'''

	A suspect can be subjected to ball conditions by the public prosecutor charged with the investigation of a case at any time during investigation. During that time, an accused can be subjected to one or several conditions provided for under article 102 of this law.		A suspect can be subjected to ball conditions by the public prosecutor charged with the investigation of a case at any time during investigation. During that time, an accused can be subjected to one or several conditions provided for under article 102 of this law.
	A public prosecutor can, at any time, impose on the accused new ball conditions, reduce or modify part of them or exempt him or her from some of the conditions.		A public prosecutor can, at any time, impose on the accused new ball conditions, reduce or modify part of them or exempt him or her from some of the conditions.

	Article: 92		'''Article: 92'''

	When an accused voluntarily breaches some of the conditions imposed upon him or her, a public prosecutor can issue a warrant of arrest and apply for remand of an accused person in custody during the time of investigation.		When an accused voluntarily breaches some of the conditions imposed upon him or her, a public prosecutor can issue a warrant of arrest and apply for remand of an accused person in custody during the time of investigation.

			'''Sub-section 3. Preventive detention'''


	Sub-section 3. Preventive detention

			'''Article: 93'''

	Article: 93
	A suspect shall not be subjected to pre trial detention unless there are concrete grounds to prosecute him or her and the offence he or she is accused to have committed is punishable with at least two(2) years' imprisonment.		A suspect shall not be subjected to pre trial detention unless there are concrete grounds to prosecute him or her and the offence he or she is accused to have committed is punishable with at least two(2) years' imprisonment.

	Article: 94		'''Article: 94 '''
	An accused person against whom there are strong reasons to suspect that he or she has committed an offence can be remanded in custody pending trial even if the offence he or she is suspected to have committed is punishable with an imprisonment which is less than two( 2) years but exceeding one month, if there is fear that he or she can escape or, if his particulars are unkown or undoubtful or if there are strong, unusual and exceptional circumstances that urgently require the detention pending trial in the interest of public security :		An accused person against whom there are strong reasons to suspect that he or she has committed an offence can be remanded in custody pending trial even if the offence he or she is suspected to have committed is punishable with an imprisonment which is less than two( 2) years but exceeding one month, if there is fear that he or she can escape or, if his particulars are unkown or undoubtful or if there are strong, unusual and exceptional circumstances that urgently require the detention pending trial in the interest of public security :

	1� If the pretrial detention is the only means to preserve evidence or to stop the accused from interfering with the investigation or putting pressure on witnesses and complainants or stop fraudulent communication between the accused persons and their accomplices;		1� If the pretrial detention is the only means to preserve evidence or to stop the accused from interfering with the investigation or putting pressure on witnesses and complainants or stop fraudulent communication between the accused persons and their accomplices;

	2� If such detention is the only means to protect the accused, to ensure that the accused will be avallable whenever he or she is needed by judicial organs or to put a halt to the commission of an offence or to prevent it's recurrence;		2� If such detention is the only means to protect the accused, to ensure that the accused will be avallable whenever he or she is needed by judicial organs or to put a halt to the commission of an offence or to prevent it's recurrence;

	3� If, considering the gravity of the offence, circumstances under which it was committed and the extent of harm caused has led to exceptional unrest and disruption of the law and order in which case detention becomes the only means to put them to an end.		3� If, considering the gravity of the offence, circumstances under which it was committed and the extent of harm caused has led to exceptional unrest and disruption of the law and order in which case detention becomes the only means to put them to an end.

	Article: 95		'''Article: 95'''

	In this law, strong reasons to suspect that a person has committed an offence are the totality of evidence which can lead to the suspicion that a person might have committed an offence.		In this law, strong reasons to suspect that a person has committed an offence are the totality of evidence which can lead to the suspicion that a person might have committed an offence.

	Article: 96		'''Article: 96'''

	When all conditions that warrant pre-trial detention are established, a public prosecutor can, after interrogating the accused pleading on his or her own or in the presence of his or her advocate, place him or her under provisional arrest and take him or her to the nearest jurisdiction with the exception of the High Court of the Republic and the Supreme Court.		When all conditions that warrant pre-trial detention are established, a public prosecutor can, after interrogating the accused pleading on his or her own or in the presence of his or her advocate, place him or her under provisional arrest and take him or her to the nearest jurisdiction with the exception of the High Court of the Republic and the Supreme Court.
	The accused should appear before the magistrate or Judge in a period of not more than seventy-two(72) hours from the time the warrant of the provisional arrest was issued.		The accused should appear before the magistrate or Judge in a period of not more than seventy-two(72) hours from the time the warrant of the provisional arrest was issued.

	Article: 97		'''Article: 97'''

	In any case, an accused is detained pending trial pursuant to a court's order which clarifies, grounds based on facts and law, and should particulary specify concrete grounds for suspecting that he or she committed the offence.		In any case, an accused is detained pending trial pursuant to a court's order which clarifies, grounds based on facts and law, and should particulary specify concrete grounds for suspecting that he or she committed the offence.

	Article: 98		'''Article: 98'''

	An order for preventive detention is one which is signed by a Magistrate or Judge and a court registrar, if after the hearing he or she is of the view that the accused who is detained should remain in custody because of the evidence against him or her.		An order for preventive detention is one which is signed by a Magistrate or Judge and a court registrar, if after the hearing he or she is of the view that the accused who is detained should remain in custody because of the evidence against him or her.

	A preventive detention is authorised by the nearest court to the place where the suspect is arrested, with the exception of the High Court of the Republic and the Supreme Court.		A preventive detention is authorised by the nearest court to the place where the suspect is arrested, with the exception of the High Court of the Republic and the Supreme Court.

	The trial and judgement shall be open. A judge or magistrate can rule out that a trial be conducted in camera upon request by the prosecutor or the accused".		The trial and judgement shall be open. A judge or magistrate can rule out that a trial be conducted in camera upon request by the prosecutor or the accused".

	Article: 99		'''Article: 99'''

	A decision ordering for preventive detention should be delivered within 24 hours after the time the court is seized upon request by the public prosecution and after hearing the defence of the accused upon his will, his or her advocate and the Prosecutor.		A decision ordering for preventive detention should be delivered within 24 hours after the time the court is seized upon request by the public prosecution and after hearing the defence of the accused upon his will, his or her advocate and the Prosecutor.

	The defence and grounds advanced by the accused person are recorded in writing. The Magistrate or Judge immediately informs the accused of the decision in writing or orally and then reduced into writing.		The defence and grounds advanced by the accused person are recorded in writing. The Magistrate or Judge immediately informs the accused of the decision in writing or orally and then reduced into writing.

	Article: 100		'''Article: 100'''

	An order authorising for preventive detention remains in force for 30 days including the day on which it was delivered. After the expiry of that time, it can be renewed for one month and shall continue in that manner.		An order authorising for preventive detention remains in force for 30 days including the day on which it was delivered. After the expiry of that time, it can be renewed for one month and shall continue in that manner.

	However, after expiration of 30 days, the time cannot be extended for contraventions. For misdemeanours, the time cannot be extended after the accused has been detained for 6 months and after one year for felonies.		However, after expiration of 30 days, the time cannot be extended for contraventions. For misdemeanours, the time cannot be extended after the accused has been detained for 6 months and after one year for felonies.

	Orders extending the period of detention are made in accordance with the form and periods provided for under article 99 of this law.		Orders extending the period of detention are made in accordance with the form and periods provided for under article 99 of this law.

	An order for pretrial detention or for extending the time of detention shall specify the grounds that justify it.		An order for pretrial detention or for extending the time of detention shall specify the grounds that justify it.

	Preventive detention can also be ordered if an accused person has voluntarily breached some of the conditions of ball imposed on him or her.		Preventive detention can also be ordered if an accused person has voluntarily breached some of the conditions of ball imposed on him or her.

			===Section 4. Release on ball and execution of bond===



	Section 4. Release on ball and execution of bond