Difference between revisions of "Code of Criminal Procedure-Rwanda"

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A victim of the offence can file a civil action against the party liable to pay damages or any other person he or she suspects to have committed an offence without having to base the claim on the prosecution's case.   
 
A victim of the offence can file a civil action against the party liable to pay damages or any other person he or she suspects to have committed an offence without having to base the claim on the prosecution's case.   
 
   
 
   
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'''Sub-section 2.  Claim for damages in a civil court'''
 
 
 
Sub-section 2.  Claim for damages in a civil court
 
  
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'''Article:  138'''
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An injured party, without joining his or her action for recovery of damages to criminal proceedings, can sue directly in a civil court seeking to recover damages for injury arising from the offence.
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When a civil action which is based on a criminal offence is brought separately from criminal proceedings, the civil action is suspended as long as judgment in the criminal proceedings has not been delivered, if the criminal case was brought before or after the civil proceedings have commenced.
  
Article:  138
 
An injured party, without joining his or her action for recovery of damages to criminal proceedings, can sue directly in a civil court seeking to recover damages for injury arising from the offence. When a civil action which is based on a criminal offence is brought separately from criminal proceedings, the civil action is suspended as long as judgment in the criminal proceedings has not been delivered, if the criminal case was brought before or after the civil proceedings have commenced.
 
 
However, when there is no complaint of a criminal offence lodged in the public prosecution service or in court, the trial of a civil claim proceeds in a civil court by following rules of civil procedure.   
 
However, when there is no complaint of a criminal offence lodged in the public prosecution service or in court, the trial of a civil claim proceeds in a civil court by following rules of civil procedure.   
 
   
 
   
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===Section 4.  Attendance of parties in Court===
 
 
 
Section 4.  Attendance of parties in Court
 
  
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'''Article:  139'''
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In felonies and misdemeanours, an accused should appear in person. However, when there are strong reasons prohibiting a person from appearing, he or she can be represented by a duly authorised agent.
  
Article:  139
 
In felonies and misdemeanours, an accused should appear in person. However, when there are strong reasons prohibiting a person from appearing, he or she can be represented by a duly authorised agent.
 
 
In contraventions, an accused can be represented by a counsel except when a Judge or Magistrate requires his or her personal appearance.   
 
In contraventions, an accused can be represented by a counsel except when a Judge or Magistrate requires his or her personal appearance.   
 
   
 
   
Article:  140
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'''Article:  140'''
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A party liable to pay damages and the civil party can appear in person or through advocates.  
 
A party liable to pay damages and the civil party can appear in person or through advocates.  
 
However, at any stage of the proceedings, a court can order personal appearance of a party to a case.  
 
However, at any stage of the proceedings, a court can order personal appearance of a party to a case.  
 
An order for the personal presence of a party as well as the day of appearance is notified to the party by a court clerk.   
 
An order for the personal presence of a party as well as the day of appearance is notified to the party by a court clerk.   
 
 
 
 
Section 5.  Trial procedures
 
  
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===Section 5.  Trial procedures===
  
Article:  141
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'''Article:  141'''
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In case the court is seized, before the date of hearing, its President, upon request by one of the parties or suo motto, if the complainant has no capacity to sue, has no counsel or any other legal counsel to represent him or her, can examine or order for the examination of the cost of destroyed property, record or order the recording of statements, do or order for the any other matter which need to be completed to be done.   
 
In case the court is seized, before the date of hearing, its President, upon request by one of the parties or suo motto, if the complainant has no capacity to sue, has no counsel or any other legal counsel to represent him or her, can examine or order for the examination of the cost of destroyed property, record or order the recording of statements, do or order for the any other matter which need to be completed to be done.   
 
   
 
   
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===Section 6.  The Trial===
 
 
Section 6.  The Trial
 
  
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'''Article:  142'''
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When a case is complete for hearing, parties are summoned to court for trial.
  
Article:  142
 
When a case is complete for hearing, parties are summoned to court for trial.
 
 
A summon sets out the offence charged, the law punishing the offence, court seized, place, day and hour of the trial. The summon also should specify whether the accused will appear in person and/or represented by a counsel.   
 
A summon sets out the offence charged, the law punishing the offence, court seized, place, day and hour of the trial. The summon also should specify whether the accused will appear in person and/or represented by a counsel.   
 
   
 
   
Article:  143
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'''Article:  143'''
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Any person who has filed a complaint is notified by the court of the date of hearing.  
 
Any person who has filed a complaint is notified by the court of the date of hearing.  
 
   
 
   
Article:  144
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'''Article:  144'''
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The trial of a case shall be conducted by the presiding Judge or Magistrate in the following order :
 
The trial of a case shall be conducted by the presiding Judge or Magistrate in the following order :
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Article:  145
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'''Article:  145'''
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Hearings are conducted in public.  
 
Hearings are conducted in public.  
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However, a court can order for hearing to be conducted in camera when it finds that public hearing can be detrimental to public order and good morals.  
 
However, a court can order for hearing to be conducted in camera when it finds that public hearing can be detrimental to public order and good morals.  
 +
 
When hearing in camera is decided, rulings relating to interlocutory and preliminary issues are delivered in camera as well.  
 
When hearing in camera is decided, rulings relating to interlocutory and preliminary issues are delivered in camera as well.  
 +
 
Judgements on the merits of cases are always delivered in public.   
 
Judgements on the merits of cases are always delivered in public.   
 
   
 
   
Article:  146
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'''Article:  146'''
 +
 
A court clerk takes note of the proceedings, particulars of parties and witnesses as well as their principal depositions.   
 
A court clerk takes note of the proceedings, particulars of parties and witnesses as well as their principal depositions.   
 
   
 
   
Article:  147
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'''Article:  147'''
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The presiding Judge or Magistrate is responsible for conducting hearing and keeping order in court.  
 
The presiding Judge or Magistrate is responsible for conducting hearing and keeping order in court.  
 
When during trial, any of the persons present disrupts order by whatever means, the presiding Judge or Magistrate can order for his or her expulsion from the court room. When, in the course of carrying out the above measure, the person resists the expulsion order or causes commotion, he or she is immediately arrested and detained, tried and sentenced to imprisonment ranging from one month to one year, without prejudice to other punishments, which the penal code prescribes for those persons who insult or commit acts of outrage against judges or magistrates in the course of executing their duties.   
 
When during trial, any of the persons present disrupts order by whatever means, the presiding Judge or Magistrate can order for his or her expulsion from the court room. When, in the course of carrying out the above measure, the person resists the expulsion order or causes commotion, he or she is immediately arrested and detained, tried and sentenced to imprisonment ranging from one month to one year, without prejudice to other punishments, which the penal code prescribes for those persons who insult or commit acts of outrage against judges or magistrates in the course of executing their duties.   
 
   
 
   
Article:  148
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'''Article:  148'''
 +
 
When the court's order is disrupted by the accused himself or herself, the provisions of the preceeding article shall apply.   
 
When the court's order is disrupted by the accused himself or herself, the provisions of the preceeding article shall apply.   
 
   
 
   
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===Section 7.  Judgments===
 
 
Section 7.  Judgments
 
 
 
 
  
Article:  149
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'''Article:  149'''
 +
 
At the time of delivery, judgments should be written and read within a period of thirty (30) days following termination of hearing.   
 
At the time of delivery, judgments should be written and read within a period of thirty (30) days following termination of hearing.   
 
   
 
   
Article:  150
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'''Article:  150'''
 +
 
Any Judgment should indicate the following:  
 
Any Judgment should indicate the following:  
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The detalled statement indicating the opinions of the judge who did not agree with the judgement is attached to the judgement It is not read in public.  
 
The detalled statement indicating the opinions of the judge who did not agree with the judgement is attached to the judgement It is not read in public.  
 
A judgement should also indicate a bill of costs, prepared by a court clerk and approved by the President of the court and mention the time within which to file an appeal.  
 
A judgement should also indicate a bill of costs, prepared by a court clerk and approved by the President of the court and mention the time within which to file an appeal.  
 
A judgement is signed by the trial judge(s) or magistrate(s) as well as the court clerk present when it is delivered.   
 
A judgement is signed by the trial judge(s) or magistrate(s) as well as the court clerk present when it is delivered.   
 
   
 
   
Article:  151
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'''Article:  151'''
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Where the accused is acquitted, court fees are borne by the public treasury.  
 
Where the accused is acquitted, court fees are borne by the public treasury.  
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However, when a civil party who filed a claim direct by way of private prosecution loses a case, he or she is condemned to pay all the costs incurred in the case. In case a party who based his or her civil claim on the prosecution loses, he or she is ordered to bear half of the cost incurred.  
 
However, when a civil party who filed a claim direct by way of private prosecution loses a case, he or she is condemned to pay all the costs incurred in the case. In case a party who based his or her civil claim on the prosecution loses, he or she is ordered to bear half of the cost incurred.  
 +
 
A civil party who withdraws a claim, whether it was brought basing on the public prosecution case or by direct private prosecution can not be ordered to pay costs incurred after the withdrawal; however, without prejudice to payment of damages to an accused or a party liable to pay compensation if need be.   
 
A civil party who withdraws a claim, whether it was brought basing on the public prosecution case or by direct private prosecution can not be ordered to pay costs incurred after the withdrawal; however, without prejudice to payment of damages to an accused or a party liable to pay compensation if need be.   
 
   
 
   
Article:  152
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'''Article:  152'''
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If at the time of Judgement, an accused who was released on ball after having executed a bond is not found guilty, the court shall order for restitution of the bond except the extra-ordinary fees which can be deducted for default of requirements he or she may have made in the course of the proceedings.  
 
If at the time of Judgement, an accused who was released on ball after having executed a bond is not found guilty, the court shall order for restitution of the bond except the extra-ordinary fees which can be deducted for default of requirements he or she may have made in the course of the proceedings.  
 +
 
When an accused is convicted and the court finds that there are procedures he or she defaulted without any justifiable cause, the court states it in the judgement and confirms that all or part of the bond paid shall be forfeited to the public treasury.   
 
When an accused is convicted and the court finds that there are procedures he or she defaulted without any justifiable cause, the court states it in the judgement and confirms that all or part of the bond paid shall be forfeited to the public treasury.   
 
   
 
   
Article:  153
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'''Article:  153'''
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Any doubt should be resolved in favour of the accused. This means that when proceedings have been carried out and completed as much as possible and no evidence has been found to remove the doubt in the minds of the Judge(s) or Magistrate(s) on whether the accused really committed the offence, he or she should be acquitted.  
 
Any doubt should be resolved in favour of the accused. This means that when proceedings have been carried out and completed as much as possible and no evidence has been found to remove the doubt in the minds of the Judge(s) or Magistrate(s) on whether the accused really committed the offence, he or she should be acquitted.  
 
   
 
   
Article:  154
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'''Article:  154'''
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When a court rules that it has no jurisdiction to try an accused, it should immediately send him or her to a competent court for trial.   
 
When a court rules that it has no jurisdiction to try an accused, it should immediately send him or her to a competent court for trial.   
 
   
 
   
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'''Sub-section 1.  Judgement in absentia'''
 
Sub-section 1.  Judgement in absentia
 
  
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'''Article:  155''' ( Organic Law no 20/2006 of 22/04/2006)
  
Article:  155 ( Organic Law no 20/2006 of 22/04/2006)
 
 
When a person who has been duly summoned does not appear, he or she is tried in absentia.  
 
When a person who has been duly summoned does not appear, he or she is tried in absentia.  
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When the prosecution falls to appear without any justified reason whereas the accused is provisionally detained, the court orders his/her release and examines the case with the exception of the crime.  
 
When the prosecution falls to appear without any justified reason whereas the accused is provisionally detained, the court orders his/her release and examines the case with the exception of the crime.  
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When the judgement is passed in absentia, it is notified to the accused by a court balliff in an instrument containing essential elements of the case.   
 
When the judgement is passed in absentia, it is notified to the accused by a court balliff in an instrument containing essential elements of the case.   
 
   
 
   
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'''Sub-section 2.  Trials of fugitive offenders'''
 
 
Sub-section 2.  Trials of fugitive offenders
 
  
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'''Article:  156'''
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When an accused committes a felony or a misdemeanour, and escapes the country or justice, the public prosecution compiles a criminal case file and transmits it to a competent court even if the accused may have not been interrogated and he or she can be tried in absentia.
  
Article:  156
 
When an accused committes a felony or a misdemeanour, and escapes the country or justice, the public prosecution compiles a criminal case file and transmits it to a competent court even if the accused may have not been interrogated and he or she can be tried in absentia.
 
 
A judgement passed against a person mentioned in the first paragraph of this article is not appealable.   
 
A judgement passed against a person mentioned in the first paragraph of this article is not appealable.   
 
 
 
 
 
 
Chapter 4.  APPEALS
 
  
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== Chapter 4.  APPEALS ==
  
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===Section 1.  Application for opposition===
  
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'''Article:  157'''
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Section 1.  Application for opposition
 
 
 
 
 
 
Article:  157  
 
 
Judgments passed in absentia can be duly notified by a court balliff or clerk, using an instrument comprising of the date and place of judgement, court which passed the judgement, grounds and legal provisions on which it is based as well as its orders.   
 
Judgments passed in absentia can be duly notified by a court balliff or clerk, using an instrument comprising of the date and place of judgement, court which passed the judgement, grounds and legal provisions on which it is based as well as its orders.   
 
   
 
   
Article:  158
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'''Article:  158'''
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A person who has been convicted in absentia can apply for opposition within ten (10) days after it is notified to him or her.  
 
A person who has been convicted in absentia can apply for opposition within ten (10) days after it is notified to him or her.  
 
If the case was not notified to him or her personally, he or she can apply for opposition within ten (10) days that run from the day when the concerned party received the notice personally.  
 
If the case was not notified to him or her personally, he or she can apply for opposition within ten (10) days that run from the day when the concerned party received the notice personally.  
 
When there is no proof that he or she received the notice he or she can be allowed to apply for opposition till the time limit set for enforcement of the sentence and until when the judgement is executed against the defendant in civil claims.   
 
When there is no proof that he or she received the notice he or she can be allowed to apply for opposition till the time limit set for enforcement of the sentence and until when the judgement is executed against the defendant in civil claims.   
 
   
 
   
Article:  159
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'''Article:  159'''
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An application for opposition of judgment passed in absentia can be made by writing at the foot of the record of service or by making the declaration in the registry of the court which passed the judgment or by the applicant writing to the clerk of that court to the effect.  
 
An application for opposition of judgment passed in absentia can be made by writing at the foot of the record of service or by making the declaration in the registry of the court which passed the judgment or by the applicant writing to the clerk of that court to the effect.  
 
The date on which a court clerk receives the letter determines the date of the application for opposition.  
 
The date on which a court clerk receives the letter determines the date of the application for opposition.  
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A court clerk immediately informs the public prosecution of the pending application for opposition.   
 
A court clerk immediately informs the public prosecution of the pending application for opposition.   
 
   
 
   
Article:  160
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'''Article:  160'''
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An application for opposition can only be accepted if the party who defaulted to appear shows serious reasons, which fully justify the fallure to do so.  
 
An application for opposition can only be accepted if the party who defaulted to appear shows serious reasons, which fully justify the fallure to do so.  
 
The seized court has the discretion to appreciate the alleged grounds for fallure to appear.   
 
The seized court has the discretion to appreciate the alleged grounds for fallure to appear.   
 
   
 
   
Article:  161
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'''Article:  161'''
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When a person who has applied for opposition of a judgement passed in his or her absence falls once again to appear, the application is dismissed. He or she can neither renew the application nor seek to oppose the second judgment on second time.  
 
When a person who has applied for opposition of a judgement passed in his or her absence falls once again to appear, the application is dismissed. He or she can neither renew the application nor seek to oppose the second judgment on second time.  
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A person who has applied for opposition is bound to appear in person, if he or she was ordered to do so in the first judgement in absentia or if the judgment passed in absentia had ordered his or her personal presence as a condition for admissibility of the application.   
 
A person who has applied for opposition is bound to appear in person, if he or she was ordered to do so in the first judgement in absentia or if the judgment passed in absentia had ordered his or her personal presence as a condition for admissibility of the application.   
 
   
 
   
Article:  162
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'''Article:  162'''
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The execution of a judgement passed in absentia is stayed until the time provided for under article 158 has expired and if an application for opposition has been made; its execution is stayed until the case has been retried.  
 
The execution of a judgement passed in absentia is stayed until the time provided for under article 158 has expired and if an application for opposition has been made; its execution is stayed until the case has been retried.  
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Likewise, proceedings in an appellate court against conviction and sentence of the accused are stayed when they have been filed by a public prosecution, a person civilly liable and the one claiming damages.   
 
Likewise, proceedings in an appellate court against conviction and sentence of the accused are stayed when they have been filed by a public prosecution, a person civilly liable and the one claiming damages.   
 
   
 
   
Article:  163
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'''Article:  163'''
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When the accused concedes to an application for opposition, the judgement passed in absentia becomes worthless and the court retries the case on merits.  
 
When the accused concedes to an application for opposition, the judgement passed in absentia becomes worthless and the court retries the case on merits.  
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In all cases, all the costs incurred in opposition, including the expenses for buying a judgement copy and notifying the judgment passed in absentia are borne by the person applying for opposition when he or she is to blame for the default of appearance.   
 
In all cases, all the costs incurred in opposition, including the expenses for buying a judgement copy and notifying the judgment passed in absentia are borne by the person applying for opposition when he or she is to blame for the default of appearance.   
 
   
 
   
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===Section 2.  Appeals===
 
 
Section 2.  Appeals
 
  
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'''Article:  164'''
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Those who are allowed to lodge appeals are :
  
Article:  164
 
Those who are allowed to lodge appeals are :
 
  
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Article:  165
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'''Article:  165'''
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An appeal should be lodged within a period not exceeding thirty (30) days following the day on which the judgment was delivered in respect of party who was present or represented when it was delivered.  
 
An appeal should be lodged within a period not exceeding thirty (30) days following the day on which the judgment was delivered in respect of party who was present or represented when it was delivered.  
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The time limit also applies to a party who was duly notified of the date on which a judgment would be delivered but defaults to appear or to send a representative.  
 
The time limit also applies to a party who was duly notified of the date on which a judgment would be delivered but defaults to appear or to send a representative.  
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An appeal should be preferred within thirty (30) days following the day on which judgment was notified to a party who was not present when it was delivered as well as a party who attended hearing but was not informed of the day on which it would be delivered.   
 
An appeal should be preferred within thirty (30) days following the day on which judgment was notified to a party who was not present when it was delivered as well as a party who attended hearing but was not informed of the day on which it would be delivered.   
 
   
 
   
Article:  166
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'''Article:  166'''
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A person can appeal by writing so on the notification instrument or by stating so in the registry of the court which delivered the judgment or in the registry of the court which is supposed to hear the appeal or by writing a letter to the effect to a court clerk of any of the mentioned courts.  
 
A person can appeal by writing so on the notification instrument or by stating so in the registry of the court which delivered the judgment or in the registry of the court which is supposed to hear the appeal or by writing a letter to the effect to a court clerk of any of the mentioned courts.  
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The date on which the court clerk receives the letter in the latter case determines the date on which an appeal is made. On the same date on which he or she receives the letter of appeal, a court ckerk writes on it the date of reception and informs the appellant.  
 
The date on which the court clerk receives the letter in the latter case determines the date on which an appeal is made. On the same date on which he or she receives the letter of appeal, a court ckerk writes on it the date of reception and informs the appellant.  
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A court registry officer or balliff is responsible for serving process of appeals.  
 
A court registry officer or balliff is responsible for serving process of appeals.  
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However, when an appellant is in detention, he or she can lodge his or her appeal from the prison by writing a letter to a court clerk through the in-charge of the prison. The latter signs on the letter and indicates the date of reception which is taken as the date of appeal. He or she immediately transmits appeal statement to the appellate court without delay.   
 
However, when an appellant is in detention, he or she can lodge his or her appeal from the prison by writing a letter to a court clerk through the in-charge of the prison. The latter signs on the letter and indicates the date of reception which is taken as the date of appeal. He or she immediately transmits appeal statement to the appellate court without delay.   
 
   
 
   
Article:  167
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'''Article:  167'''
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A court clerk of the trial court immediately transmits to the court clerk of the appellate court, record of hearing and copy of judgment against which an appeal has been lodged.   
 
A court clerk of the trial court immediately transmits to the court clerk of the appellate court, record of hearing and copy of judgment against which an appeal has been lodged.   
 
   
 
   
Article:  168
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'''Article:  168'''
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The execution of judgment is suspended until when the time fixed for an appeal has expired or when an appeal has already been preferred, until the time when the appeal is determined.  
 
The execution of judgment is suspended until when the time fixed for an appeal has expired or when an appeal has already been preferred, until the time when the appeal is determined.  
 
An appeal against an order for the award of damages does not stay the execution of sentence(s) imposed on the accused.   
 
An appeal against an order for the award of damages does not stay the execution of sentence(s) imposed on the accused.   
 
   
 
   
Article:  169
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'''Article:  169'''
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A person, who was detained is acquitted or sentenced to pay a fine only, he or she is immediately released except when he or she is held in connection with any other offence of which he or she was informed and charged with in accordance with this law.   
 
A person, who was detained is acquitted or sentenced to pay a fine only, he or she is immediately released except when he or she is held in connection with any other offence of which he or she was informed and charged with in accordance with this law.   
 
   
 
   
Article:  170
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'''Article:  170'''
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When an appeal has been lodged, the defendant shall immediately be released upon acquittal or upon such a sentence is suspended or sentenced to a fine. The same applies to the accused who has been in pre-trial detention sentenced to a term of which is less than or equal to the time he or she spent in pre-trial detention.  
 
When an appeal has been lodged, the defendant shall immediately be released upon acquittal or upon such a sentence is suspended or sentenced to a fine. The same applies to the accused who has been in pre-trial detention sentenced to a term of which is less than or equal to the time he or she spent in pre-trial detention.  
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However, where defendant has been charged with the crime of genocide or crimes against humanity, violence against minors, crimes relating to national security or to the security of other states, treason or espionage and where there is concrete evidence that the release of the accused may constitute a threat to public order in general, the prosecution may, after lodging an appeal, apply to the appellate court to order for the accused to again be placed in provisional detention pending determination of the appeal.  
 
However, where defendant has been charged with the crime of genocide or crimes against humanity, violence against minors, crimes relating to national security or to the security of other states, treason or espionage and where there is concrete evidence that the release of the accused may constitute a threat to public order in general, the prosecution may, after lodging an appeal, apply to the appellate court to order for the accused to again be placed in provisional detention pending determination of the appeal.  
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The prosecution should make the application within a period not exceeding 48 hours from the time when the judgment is delivered. Such an application is decided upon by the appellate court within a time that should not exceed 48 hours from the day and hour it was received.   
 
The prosecution should make the application within a period not exceeding 48 hours from the time when the judgment is delivered. Such an application is decided upon by the appellate court within a time that should not exceed 48 hours from the day and hour it was received.   
 
   
 
   
Article:  171
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'''Article:  171'''
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When the accused who is out on ball during the time of trial is subsequently convicted and sentenced to a term of imprisonment, he or she remains free during the time of hearing if he or she has appealed against the judgment.  
 
When the accused who is out on ball during the time of trial is subsequently convicted and sentenced to a term of imprisonment, he or she remains free during the time of hearing if he or she has appealed against the judgment.  
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However, the accused can be arrested and detained irrespective of the term of imprisonment imposed, if serious and special reasons are presented to the appellate court.   
 
However, the accused can be arrested and detained irrespective of the term of imprisonment imposed, if serious and special reasons are presented to the appellate court.   
 
   
 
   
Article:  172
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'''Article:  172'''
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The accused who is detained or who has been imprisoned following a court judgment remains in custody even if he or she has lodged an appeal.  
 
The accused who is detained or who has been imprisoned following a court judgment remains in custody even if he or she has lodged an appeal.  
 
However, he or she can petition to an appellate court to release him or her on ball.   
 
However, he or she can petition to an appellate court to release him or her on ball.   
 
   
 
   
Article:  173
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'''Article:  173'''
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A person who has been convicted while in custody or who has been arrested immediately after conviction is transferred to the place where a court which will hear his or her appeal is situated, when he or she has requested to appear personally before the court or the court has ordered his or her personal presence.  
 
A person who has been convicted while in custody or who has been arrested immediately after conviction is transferred to the place where a court which will hear his or her appeal is situated, when he or she has requested to appear personally before the court or the court has ordered his or her personal presence.  
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When the accused was released on ball, the prosecution requests the appellate court to determine new ball conditions to be satisfied by the accused person immediately after his or her arrival.   
 
When the accused was released on ball, the prosecution requests the appellate court to determine new ball conditions to be satisfied by the accused person immediately after his or her arrival.   
 
   
 
   
Article:  174
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'''Article:  174'''
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The accused can appeal against the whole judgment that orders his or her imprisonment or payment of damages.  
 
The accused can appeal against the whole judgment that orders his or her imprisonment or payment of damages.  
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He or she can also appeal against any of the offences charged or one of the sentences imposed.  
 
He or she can also appeal against any of the offences charged or one of the sentences imposed.  
 +
 
However, when he or she is the only appellant, the appellate court cannot enhance the sentence imposed on first instance.   
 
However, when he or she is the only appellant, the appellate court cannot enhance the sentence imposed on first instance.   
 
   
 
   
Article:  175
+
'''Article:  175'''
 +
 
The civil party claiming damages can only appeal for damages on decided cases concerning the civil claim.   
 
The civil party claiming damages can only appeal for damages on decided cases concerning the civil claim.   
 
   
 
   
Article:  176
+
'''Article:  176'''
 +
 
The civilly liable person can appeal against a judgment ordering him or her to pay damages. His or her appeal solely concerns civil claims.   
 
The civilly liable person can appeal against a judgment ordering him or her to pay damages. His or her appeal solely concerns civil claims.   
 
   
 
   
Article:  177
+
'''Article:  177'''
 +
 
An appellate court limits its decision on the matters fixed by the appeal only.  
 
An appellate court limits its decision on the matters fixed by the appeal only.  
 
   
 
   
Article:  178
+
'''Article:  178'''
 +
 
When an appellate court changes a decision appealed against, it tries the case on merits, unless it finds that the case has not been properly filed in accordance with the law or the trial court had no jurisdiction to hear it.  
 
When an appellate court changes a decision appealed against, it tries the case on merits, unless it finds that the case has not been properly filed in accordance with the law or the trial court had no jurisdiction to hear it.  
 
   
 
   
Article:  179
+
'''Article:  179'''
 +
 
If on appeal by the prosecution only the judgement appealed against is not altered, court fees are borne by the public treasury.  
 
If on appeal by the prosecution only the judgement appealed against is not altered, court fees are borne by the public treasury.  
 
When the punishment imposed on judgement appealed against is reduced, an accused person bears half of the costs or is entirely relieved from paying all the costs.  
 
When the punishment imposed on judgement appealed against is reduced, an accused person bears half of the costs or is entirely relieved from paying all the costs.  
 
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:
 
  
 +
  
 +
  
 +
  
 
   
 
   
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:  
 +
  
 +
  
 +
 
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.   
 
 
 
 
 
Chapter 5.  SPECIAL PROCEEDINGS
 
 
 
 
  
+
== Chapter 5SPECIAL PROCEEDINGS ==
 
Section 1Prosecution of juvenile offenders
 
  
+
===Section 1.  Prosecution of juvenile offenders===
  
Article:  184
+
'''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 :  
 +
  
 +
  
 +
  
 
   
 
   
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.  
 
   
 
   
+
'''Section 2.  Investigation and prosecution of offences committed in foreign countries.'''
 
 
Section 2.  Investigation and prosecution of offences committed in foreign countries.
 
  
+
'''Article:  193'''
 
+
Article:  193
 
 
Any Rwandan citizen who commits a felony punishable with the Rwandan law while in a territory outside the Republic of Rwanda can be tried and sentenced by Rwandan courts.  
 
Any Rwandan citizen who commits a felony punishable with the Rwandan law while in a territory outside the Republic of Rwanda can be tried and sentenced by Rwandan courts.  
 
   
 
   
Article:  194
+
'''Article:  194'''
 +
 
Any Rwandan citizen who commits a misdemeanour provided for under Rwandan law while outside the territory of the Republic of Rwanda can be tried and judged by Rwandan courts, when the offence is punishable with the law of the country in which it was committed.  
 
Any Rwandan citizen who commits a misdemeanour provided for under Rwandan law while outside the territory of the Republic of Rwanda can be tried and judged by Rwandan courts, when the offence is punishable with the law of the country in which it was committed.  
 
   
 
   
Article:  195
+
'''Article:  195'''
 +
 
Any person, including a foreigner, within the territory of the Republic of Rwanda after having, while abroad, committed international crimes including genocide, crimes against humanity, war crimes, terrorism, taking people as hostages, sale of drugs, money laundering, stealing motor vehicles for sale abroad, human being trafficking and slavery, can be prosecuted and tried by Rwandan courts.   
 
Any person, including a foreigner, within the territory of the Republic of Rwanda after having, while abroad, committed international crimes including genocide, crimes against humanity, war crimes, terrorism, taking people as hostages, sale of drugs, money laundering, stealing motor vehicles for sale abroad, human being trafficking and slavery, can be prosecuted and tried by Rwandan courts.   
 
   
 
   
+
===Section 3.  Investigation and prosecution of fugitive offenders===
 
 
Section 3.  Investigation and prosecution of fugitive offenders
 
  
+
'''Article:  196'''
 
+
Article:  196
 
 
When the accused can not been apprehended because of fleeing the country or hiding from the course of justice, a court can make an order requiring to present himself or herself for trial within thirty (30) days, fallure to which he or she can be declared to have disobeyed a lawful order.  
 
When the accused can not been apprehended because of fleeing the country or hiding from the course of justice, a court can make an order requiring to present himself or herself for trial within thirty (30) days, fallure to which he or she can be declared to have disobeyed a lawful order.  
 
   
 
   
Article:  197
+
'''Article:  197'''
 +
 
Within a period of eight (8) days, the order is published in a gazette or newspaper indicated by a court and posted on the District, Town or Municipality office at the place specified by the respective administration.   
 
Within a period of eight (8) days, the order is published in a gazette or newspaper indicated by a court and posted on the District, Town or Municipality office at the place specified by the respective administration.   
 
   
 
   
Article:  198
+
'''Article:  198'''
 +
 
After a period of ten (10) days, the person is judged in absentia.  
 
After a period of ten (10) days, the person is judged in absentia.  
 
   
 
   
Article:  199
+
'''Article:  199'''
 +
 
No advocate is allowed to represent the accused who has absconded. The court delivers a judgement basing on the prosecutions submissions only.  
 
No advocate is allowed to represent the accused who has absconded. The court delivers a judgement basing on the prosecutions submissions only.  
 
   
 
   
Article:  200
+
'''Article:  200'''
 +
 
When the accused is found guilty, his or her property which has not been the subject of confiscation is impounded and eventually given to a person ordered by the court following a final court judgment at the expiration of time provided for by the court.  
 
When the accused is found guilty, his or her property which has not been the subject of confiscation is impounded and eventually given to a person ordered by the court following a final court judgment at the expiration of time provided for by the court.  
 
   
 
   
Article:  201
+
'''Article:  201'''
 +
 
Under the direction of the Prosecutor General of the Republic, Prosecutor of the Province or that of the City of Kigali, the main excerpts of the judgment are published in a gazettte or newspaper, posted at the court that tried the case, at the office of the District, Town or Municipality where the offence was committed and any other place as may be determined by the court.  
 
Under the direction of the Prosecutor General of the Republic, Prosecutor of the Province or that of the City of Kigali, the main excerpts of the judgment are published in a gazettte or newspaper, posted at the court that tried the case, at the office of the District, Town or Municipality where the offence was committed and any other place as may be determined by the court.  
 
   
 
   
Article:  202
+
'''Article:  202'''
 +
 
After the notification provided for by article 201 of this law, the convicted person loses all the rights provided for by the penal law.  
 
After the notification provided for by article 201 of this law, the convicted person loses all the rights provided for by the penal law.  
 
   
 
   
Article:  203
+
'''Article:  203'''
 +
 
In no way should the investigation and prosecution of a person who has absconded suspend or delay that of the present co-accused.  
 
In no way should the investigation and prosecution of a person who has absconded suspend or delay that of the present co-accused.  
 
   
 
   
Article:  204
+
'''Article:  204'''
 +
 
When the person who has been convicted in absentia gives himself or herself up for imprisonment or is arrested before the time limit for enforcement of sentence, the judgement and proceedings conducted from the order to appear become useless and the matter proceeds according to the ordinary procedure.  
 
When the person who has been convicted in absentia gives himself or herself up for imprisonment or is arrested before the time limit for enforcement of sentence, the judgement and proceedings conducted from the order to appear become useless and the matter proceeds according to the ordinary procedure.  
 +
 
When the trial, which had ordered confiscation of his or her property in favour of the state changes, the property is restituted to him or her as it was. This case does not apply to parties who may have been awarded damages.   
 
When the trial, which had ordered confiscation of his or her property in favour of the state changes, the property is restituted to him or her as it was. This case does not apply to parties who may have been awarded damages.   
 
   
 
   
Article:  205
+
'''Article:  205'''
 +
 
If, within the time limits provided for in article 204 of this law, for any reason whatsoever witnesses can not attend hearing, their written testimony and, if necessary, written responses of other persons accused of the same offence are read during the trial. The same applies to all other necessary documents in order to demonstrate the truth.  
 
If, within the time limits provided for in article 204 of this law, for any reason whatsoever witnesses can not attend hearing, their written testimony and, if necessary, written responses of other persons accused of the same offence are read during the trial. The same applies to all other necessary documents in order to demonstrate the truth.  
 
   
 
   
+
===Section 4.  Prosecution of persons with privileged jurisdiction===
 
 
Section 4.  Prosecution of persons with privileged jurisdiction
 
  
+
'''Article:  206'''
 
+
Article:  206
 
 
A judicial police officer or a public prosecutor who receives or notices a complaint against the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the Prime Minister or the President of Supreme Court immediately transmits the case file to the Prosecutor General of the Republic. The latter conducts himself or herself investigation and prosecution before the Supreme Court. In case of his or her absence, he or she shall be replaced by the Deputy Prosecutor General of the Republic.  
 
A judicial police officer or a public prosecutor who receives or notices a complaint against the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the Prime Minister or the President of Supreme Court immediately transmits the case file to the Prosecutor General of the Republic. The latter conducts himself or herself investigation and prosecution before the Supreme Court. In case of his or her absence, he or she shall be replaced by the Deputy Prosecutor General of the Republic.  
 
However, accomplices of such persons can be interrogated by a judicial police officer before transmitting the case file to the Prosecutor General of the Republic.   
 
However, accomplices of such persons can be interrogated by a judicial police officer before transmitting the case file to the Prosecutor General of the Republic.   
 
   
 
   
Article:  207
+
'''Article:  207'''
 +
 
In order to determine whether a person enjoys privileged jurisdiction, reference is made to the duties he or she was discharging at the time he or she committed the offence.  
 
In order to determine whether a person enjoys privileged jurisdiction, reference is made to the duties he or she was discharging at the time he or she committed the offence.  
 
   
 
   
Article:  208
+
'''Article:  208'''
 +
 
When at the time of investigation and prosecution, the accused is still holding the office, for the offence(s) he or she committed while still on the duties, he or she enjoys privileged jurisdiction.  
 
When at the time of investigation and prosecution, the accused is still holding the office, for the offence(s) he or she committed while still on the duties, he or she enjoys privileged jurisdiction.  
 +
 
When the offence under investigation and prosecution was committed before the accused attained privileged jurisdiction but at the time of investigation and prosecution is holding an office, which qualifies him or her for privileged jurisdiction, he or she is prosecuted and tried under privileged jurisdiction.  
 
When the offence under investigation and prosecution was committed before the accused attained privileged jurisdiction but at the time of investigation and prosecution is holding an office, which qualifies him or her for privileged jurisdiction, he or she is prosecuted and tried under privileged jurisdiction.  
 +
 
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:
 +
  
 +
  
 +
  
 
   
 
   
Article:  210
+
'''Article:  210'''
 +
 
Supervisors of execution of judgements are the following :
 
Supervisors of execution of judgements are the following :
 +
  
 +
  
 +
  
 
   
 
   
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.   
 
   
 
   
+
===Section 2.  Imprisonment===
 
 
Section 2.  Imprisonment
 
  
+
'''Article:  218'''
 
+
Article:  218
 
 
Punishments of imprisonment shall be served in prisons. Any convicted person shall perform the job as may be assigned to him or her.  
 
Punishments of imprisonment shall be served in prisons. Any convicted person shall perform the job as may be assigned to him or her.  
 
   
 
   
Article:  219
+
'''Article:  219'''
 +
 
Women and children serve imprisonment punishments in special quarters provided for them in prisons.  
 
Women and children serve imprisonment punishments in special quarters provided for them in prisons.  
 
   
 
   
Article:  220
+
'''Article:  220'''
 +
 
Modalities of serving sentences of imprisonment are provided for by a decree of the Minister having Justice in his or her attributions.  
 
Modalities of serving sentences of imprisonment are provided for by a decree of the Minister having Justice in his or her attributions.  
 
   
 
   
+
===Section 3.  Fines===
 
 
Section 3.  Fines
 
  
+
'''Article:  221'''
  
Article:  221
 
 
Fines and court fees are paid to a Court Clerk within a period of eight (8) days following a judgment of final conviction.  
 
Fines and court fees are paid to a Court Clerk within a period of eight (8) days following a judgment of final conviction.  
 
Upon approval by the President of the Court which rendered the jugememt, that period may be extended.   
 
Upon approval by the President of the Court which rendered the jugememt, that period may be extended.   
 
   
 
   
Article:  222
+
'''Article:  222'''
 +
 
However, payment of fine and court fees can be required immediately after judgment is delivered if both parties are present or from the time of service of process if it was delivered in the absence of a party; if there is fear that a convicted person is likely to disappear at the time of executing the punishments. To that end, a Court Clerk requests a convicted person either verbally or by registered mall sent through the post, to pay fines and court fees within a period of time determined by the Court Clerk.   
 
However, payment of fine and court fees can be required immediately after judgment is delivered if both parties are present or from the time of service of process if it was delivered in the absence of a party; if there is fear that a convicted person is likely to disappear at the time of executing the punishments. To that end, a Court Clerk requests a convicted person either verbally or by registered mall sent through the post, to pay fines and court fees within a period of time determined by the Court Clerk.   
 
   
 
   
Article:  223
+
'''Article:  223'''
 +
 
The delivery of judgement shall be in the presence of both of the parties or its notification to a party who was not present, shall include an official demand to pay within a prescribed period.  
 
The delivery of judgement shall be in the presence of both of the parties or its notification to a party who was not present, shall include an official demand to pay within a prescribed period.  
 
In case such a period expires without the accused person paying, he or she can be put under imprisonment ordered in the judgment.   
 
In case such a period expires without the accused person paying, he or she can be put under imprisonment ordered in the judgment.   
 
   
 
   
Article:  224
+
'''Article:  224'''
 +
 
A party claiming damages who wishes to have his or her adversary put under imprisonment for not paying the awarded damages shall apply to the effect to the public prosecution.  
 
A party claiming damages who wishes to have his or her adversary put under imprisonment for not paying the awarded damages shall apply to the effect to the public prosecution.  
 
A judgment-debtor who has been legally imprisoned for non-payment shall be released upon consent of the judgment-creditor who applied for the imprisonment or upon payment or deposit of an amount of money which is enough to satisfy the creditor who led to the imprisonment in addition to the interests due for payment and the determined courtfees.   
 
A judgment-debtor who has been legally imprisoned for non-payment shall be released upon consent of the judgment-creditor who applied for the imprisonment or upon payment or deposit of an amount of money which is enough to satisfy the creditor who led to the imprisonment in addition to the interests due for payment and the determined courtfees.   
 
   
 
   
+
===Section 4.  Public Interest Works===
 
 
Section 4.  Public Interest Works
 
  
+
'''Article:  225'''
 
+
   
Article:  225  
 
 
A decree of the President of the Republic shall provide for the mode of serving punishment by way of public interest works.  
 
A decree of the President of the Republic shall provide for the mode of serving punishment by way of public interest works.  
 
   
 
   
+
===Section 5.  General Provision===
 
 
Section 5.  General Provision
 
  
+
'''Article:  226'''
 
+
Article:  226
 
 
Provisional execution of jugement is prohibited in criminal cases, with the exception of matters relating to restitution of property or payment of damages.  
 
Provisional execution of jugement is prohibited in criminal cases, with the exception of matters relating to restitution of property or payment of damages.  
 
   
 
   
+
== Chapter 7.  GROUNDS FOR DEFERRING EXECUTION OF SENTENCE ==
 
 
 
Chapter 7.  GROUNDS FOR DEFERRING EXECUTION OF SENTENCE
 
  
+
===Section 1.  Pardon===
  
 
+
'''Article:  227'''
+
 
Section 1.  Pardon
 
 
 
 
 
 
Article:  227
 
 
Prerogative of mercy, whether collectively or on individually can be exercised by the discretion of the President of the Republic and in public interest.  
 
Prerogative of mercy, whether collectively or on individually can be exercised by the discretion of the President of the Republic and in public interest.  
 
The pardon discredits total or partial remission of the punishments imposed or its commutation into less severe punishments.   
 
The pardon discredits total or partial remission of the punishments imposed or its commutation into less severe punishments.   
 
   
 
   
Article:  228
+
'''Article:  228'''
 +
 
Pardon can apply to all principal or accessory sentences.  
 
Pardon can apply to all principal or accessory sentences.  
 
It does not apply to imprisonment for non-payment of fine, court fees and civil damages as well as other measures, which can be imposed for reasons other than punishments.   
 
It does not apply to imprisonment for non-payment of fine, court fees and civil damages as well as other measures, which can be imposed for reasons other than punishments.   
 
   
 
   
Article:  229
+
'''Article:  229'''
 +
 
Pardon can only be applied on punishments which can be executed and which emanate from cases which have been finally determined. When a punishment has been partly executed, pardon can be exercised on the whole or part of the remaining punishment.  
 
Pardon can only be applied on punishments which can be executed and which emanate from cases which have been finally determined. When a punishment has been partly executed, pardon can be exercised on the whole or part of the remaining punishment.  
 +
 
A punishment that provide for suspended sentence cannot be subjected to pardon until the suspension has been removed.   
 
A punishment that provide for suspended sentence cannot be subjected to pardon until the suspension has been removed.   
 
   
 
   
Article:  230
+
'''Article:  230'''
 +
 
Pardon can be granted unconditionally or subject to certain conditions to be satisfied by the pardoned person, which is provided for in the decision granting the pardon. If such conditions are not respected, the pardon is automatically cancelled and the sentence becomes executed again. In such a case, time limit for the execution of sentence becomes suspended from the time of notifying the pardon until when it is cancelled.  
 
Pardon can be granted unconditionally or subject to certain conditions to be satisfied by the pardoned person, which is provided for in the decision granting the pardon. If such conditions are not respected, the pardon is automatically cancelled and the sentence becomes executed again. In such a case, time limit for the execution of sentence becomes suspended from the time of notifying the pardon until when it is cancelled.  
 
   
 
   
Article:  231
+
'''Article:  231'''
 +
 
Any person who was convicted to life imprisonment and who commuted to a lesser punishment or totally remitted should always be given an order forbidding or ordering him or her to live in a particular area for a period of ten (10) years unless otherwise provided for in the decision granting the pardon.  
 
Any person who was convicted to life imprisonment and who commuted to a lesser punishment or totally remitted should always be given an order forbidding or ordering him or her to live in a particular area for a period of ten (10) years unless otherwise provided for in the decision granting the pardon.  
 
   
 
   
Article:  232
+
'''Article:  232'''
 +
 
Pardon shall not extinguish accessory punishments which have not been specified in the decision granting it or effects of conviction, particularly those relating to relapse into the act, placement at the disposal of the State, suspended sentence relating to fresh trials and judgments ordering to pay such and restitution of property and payment of damages.  
 
Pardon shall not extinguish accessory punishments which have not been specified in the decision granting it or effects of conviction, particularly those relating to relapse into the act, placement at the disposal of the State, suspended sentence relating to fresh trials and judgments ordering to pay such and restitution of property and payment of damages.  
 
   
 
   
Article:  233  
+
'''Article:  233'''  
 
Petition for pardon is made in writing.  
 
Petition for pardon is made in writing.  
 +
 
For individual pardon, petition is made by a convicted person, or any other interested person in his or her name. The petitioner indicates grounds that justify the petition.  
 
For individual pardon, petition is made by a convicted person, or any other interested person in his or her name. The petitioner indicates grounds that justify the petition.  
 +
 
For collective pardon, petition is made by the Minister having Justice in his or her attributions after indicating grounds justifying the petition.  
 
For collective pardon, petition is made by the Minister having Justice in his or her attributions after indicating grounds justifying the petition.  
 +
 
In any case, the Public Prosecution is entitled to give an opinion on the petition or proposal for granting pardon within a period of three (3) months.   
 
In any case, the Public Prosecution is entitled to give an opinion on the petition or proposal for granting pardon within a period of three (3) months.   
 
   
 
   
Article:  234
+
'''Article:  234'''
 +
 
After investigation, files of petitions for pardon are sent to the Minister responsible for justice who after giving an opinion thereof, makes a report to the President of the Republic within three (3) months for decision after considering the opinion of the Supreme Court.  
 
After investigation, files of petitions for pardon are sent to the Minister responsible for justice who after giving an opinion thereof, makes a report to the President of the Republic within three (3) months for decision after considering the opinion of the Supreme Court.  
 
   
 
   
Article:  235
+
'''Article:  235'''
 +
 
A decision granting or denying pardon is brought to the attention of the petitioner by the Minister having Justice in his or her attributions.   
 
A decision granting or denying pardon is brought to the attention of the petitioner by the Minister having Justice in his or her attributions.   
 
   
 
   
Article:  236
+
'''Article:  236'''
 +
 
Execution of punishments of fines or imprisonment for a period of three months or less, is, if it has not yet commenced, suspended during the time of investigation until the day on which decision on the petition for pardon is made. However, in all cases, the Minister having justice in his or her attributions can order suspension of enforcement of punishments during the time, whether on all punishments which have not yet commenced or on those which have already commenced.  
 
Execution of punishments of fines or imprisonment for a period of three months or less, is, if it has not yet commenced, suspended during the time of investigation until the day on which decision on the petition for pardon is made. However, in all cases, the Minister having justice in his or her attributions can order suspension of enforcement of punishments during the time, whether on all punishments which have not yet commenced or on those which have already commenced.  
 
   
 
   
+
===Section 2.  Conditional release of a sentenced person===
 
 
Section 2.  Conditional release of a sentenced person
 
  
+
'''Article:  237'''
 +
 +
Persons who have been sentenced to one or several imprisonment punishments or who have been placed at the disposal of the state can be conditionally released:
  
Article:  237
 
Persons who have been sentenced to one or several imprisonment punishments or who have been placed at the disposal of the state can be conditionally released:
 
  
 +
  
 +
 
However, persons who have been sentenced for genocide or crimes against humanity, terrorism, defiling children or sexual torture and all other crimes related to national security or of other countries, treason and espionage and all other international crimes provided for by the penal code cannot be conditionally released.   
 
However, persons who have been sentenced for genocide or crimes against humanity, terrorism, defiling children or sexual torture and all other crimes related to national security or of other countries, treason and espionage and all other international crimes provided for by the penal code cannot be conditionally released.   
 
   
 
   
Article:  238
+
'''Article:  238'''
 +
 
Conditional release applies to convicted persons who have completed two (2) months of imprisonment if their sentence is less than six ( 6) months and those who have served a quarter of their punishment for more and severe punishments.  
 
Conditional release applies to convicted persons who have completed two (2) months of imprisonment if their sentence is less than six ( 6) months and those who have served a quarter of their punishment for more and severe punishments.  
 
For those who are sentenced to life imprisonment, the period for probation is ten (10) years.   
 
For those who are sentenced to life imprisonment, the period for probation is ten (10) years.   
 
   
 
   
Article:  239
+
'''Article:  239'''
 +
 
Conditional release is requested from the Minister having justice in his or her attributions. Conditional release is approved by the Minister having Justice in his or her attributions after advice by the public prosecution and director of prison.  
 
Conditional release is requested from the Minister having justice in his or her attributions. Conditional release is approved by the Minister having Justice in his or her attributions after advice by the public prosecution and director of prison.  
 +
 
The Minister having Justice in his or her attributions determines conditions to be fulfilled by the person conditionally released as well as the mode of supervising persons conditionally released.  
 
The Minister having Justice in his or her attributions determines conditions to be fulfilled by the person conditionally released as well as the mode of supervising persons conditionally released.  
 
An order of conditional release is not appealed against..   
 
An order of conditional release is not appealed against..   
 
   
 
   
Article:  240
+
'''Article:  240'''
 +
 
The Minister in charge of justice upon request by the Public Prosecution, can deny a person conditional release if he or she is convicted of a new offence, displays gross misconduct or for breaching conditions imposed by the order which gave the conditional release.  
 
The Minister in charge of justice upon request by the Public Prosecution, can deny a person conditional release if he or she is convicted of a new offence, displays gross misconduct or for breaching conditions imposed by the order which gave the conditional release.  
 +
 
In case of urgency, a new arrest for the purposes of detaining a person who is under conditional release can be ordered by the Prosecutor General of the Republic, or the Public Prosecutor in charge of prosecution service office at a Higher Instance level or the public prosecutor in charge of the prosecution service office at a Lower Instance level, and shall immediately inform the Minister in charge of justice.   
 
In case of urgency, a new arrest for the purposes of detaining a person who is under conditional release can be ordered by the Prosecutor General of the Republic, or the Public Prosecutor in charge of prosecution service office at a Higher Instance level or the public prosecutor in charge of the prosecution service office at a Lower Instance level, and shall immediately inform the Minister in charge of justice.   
 
   
 
   
Article:  241
+
'''Article:  241'''
 +
 
After denial of the conditional release, the convicted person shall serve the whole or part of the punishment that remained when he or she was conditionally released, in addition to any other punishment that may have been imposed thereafter.  
 
After denial of the conditional release, the convicted person shall serve the whole or part of the punishment that remained when he or she was conditionally released, in addition to any other punishment that may have been imposed thereafter.  
 
   
 
   
Article:  242
+
'''Article:  242'''
 +
 
If the denial of the release was not effective within a period equal to the term of imprisonment remaining on the day on which the convicted person obtains conditional release, his or her liberty is completely restored. In that case, the punishment is taken to have ended on the day of the conditional release.  
 
If the denial of the release was not effective within a period equal to the term of imprisonment remaining on the day on which the convicted person obtains conditional release, his or her liberty is completely restored. In that case, the punishment is taken to have ended on the day of the conditional release.  
 
   
 
   
Article:  243
+
'''Article:  243'''
 +
 
Extinction of execution sentence prescription does not run when a convicted person has been conditionally released subject to a decree that has not been cancelled.  
 
Extinction of execution sentence prescription does not run when a convicted person has been conditionally released subject to a decree that has not been cancelled.  
 
   
 
   
+
===Section 3.  Suspension of sentence===
 
 
Section 3.  Suspension of sentence
 
  
+
'''Article:  244'''
  
Article:  244
 
 
If a convicted person has not been previously sentenced to a period exceeding two (2) months, in the case, the court can, by a ruling that gives reasons, order suspension of execution of all or part of the principal or accessory punishment it has pronounced, provided the principal punishment of imprisonment does not exceed five (5) years.  
 
If a convicted person has not been previously sentenced to a period exceeding two (2) months, in the case, the court can, by a ruling that gives reasons, order suspension of execution of all or part of the principal or accessory punishment it has pronounced, provided the principal punishment of imprisonment does not exceed five (5) years.  
 
   
 
   
Article:  245
+
'''Article:  245'''
 +
 
A suspended sentence shall be deemed worthless if, within a given period which should not be less than one year and not more than five (5) years, the convicted person and not tried for and convicted for an offence or given a sentence exceeding two (2) months for a felony or misdemeanour he or she committed subsequent to the date on which the order suspending the execution of judgement became final.  
 
A suspended sentence shall be deemed worthless if, within a given period which should not be less than one year and not more than five (5) years, the convicted person and not tried for and convicted for an offence or given a sentence exceeding two (2) months for a felony or misdemeanour he or she committed subsequent to the date on which the order suspending the execution of judgement became final.  
 
On the contrary, punishment for which execution has been suspended and which are the subject of new conviction run consecutively.   
 
On the contrary, punishment for which execution has been suspended and which are the subject of new conviction run consecutively.   
 
   
 
   
Article:  246
+
'''Article:  246'''
 +
 
Suspension of sentence does not bar payment of court fees and damages. It does not either bar disqualification arising from conviction. However, disqualification ceases to have effect on the day on which the offence becomes worthless.  
 
Suspension of sentence does not bar payment of court fees and damages. It does not either bar disqualification arising from conviction. However, disqualification ceases to have effect on the day on which the offence becomes worthless.  
 
 
 
 
 
Chapter 8.  GROUNDS FOR REMOVAL OF A SENTENCE
 
 
 
 
  
+
== Chapter 8GROUNDS FOR REMOVAL OF A SENTENCE ==
 
Section 1Amnesty
 
  
+
===Section 1.  Amnesty===
  
Article:  247
+
'''Article:  247'''
 +
 
Amnesty extinguishes an offence. When there has been conviction, it removes the conviction and all the consequences arising from the offence.  
 
Amnesty extinguishes an offence. When there has been conviction, it removes the conviction and all the consequences arising from the offence.  
 
When there is concurrency of intention, a convicted person gets amnesty on all of them when the offence pardoned is punishable with a punishment that is bigger than or equal to the other offences charged, even if judges or magistrates may have imposed a lesser penalty on the offence after putting into consideration mitigating circumstances.  
 
When there is concurrency of intention, a convicted person gets amnesty on all of them when the offence pardoned is punishable with a punishment that is bigger than or equal to the other offences charged, even if judges or magistrates may have imposed a lesser penalty on the offence after putting into consideration mitigating circumstances.  
 
In case of concurrency of offences, amnesty applies only to the offence it   
 
In case of concurrency of offences, amnesty applies only to the offence it   
 
   
 
   
Article:  248
+
'''Article:  248'''
 +
 
An order granting amnesty can provide for conditions to be satisfied by the person pardoned.  
 
An order granting amnesty can provide for conditions to be satisfied by the person pardoned.  
 
   
 
   
Article:  249
+
'''Article:  249'''
 +
 
Amnesty does not prejudice a civil action which is intended to compensate damage caused by an offence. It does not reduce anything to what third parties have been awarded by a judgement.  
 
Amnesty does not prejudice a civil action which is intended to compensate damage caused by an offence. It does not reduce anything to what third parties have been awarded by a judgement.  
 
Amnesty does not have effect on disciplinary sanctions.   
 
Amnesty does not have effect on disciplinary sanctions.   
 
   
 
   
+
===Section 2.  Rehabilitation===
 
 
Section 2.  Rehabilitation
 
 
 
 
  
Article:  250
+
'''Article:  250'''
 +
 
Any person who has been convicted of a felony or misdemeanour can be rehabilitated.  
 
Any person who has been convicted of a felony or misdemeanour can be rehabilitated.  
 
   
 
   
Article:  251
+
'''Article:  251'''
 +
 
 
Rehabilitation can be granted when five (5) years have elapsed and if during that time a convicted person has continuously shown real evidence of good behaviour.  
 
Rehabilitation can be granted when five (5) years have elapsed and if during that time a convicted person has continuously shown real evidence of good behaviour.  
 
For the person sentenced to pay a fine, such a period is counted from the day on which the opposition of the case elapsed, while a person convicted to a term of imprisonment, on the day of his or her final release or from the day he or she was released on ball if it has not been cancelled.  
 
For the person sentenced to pay a fine, such a period is counted from the day on which the opposition of the case elapsed, while a person convicted to a term of imprisonment, on the day of his or her final release or from the day he or she was released on ball if it has not been cancelled.  
 
For those who relapsed into the act, and those persons whose sentences have been expired, the relevant period is ten (10) years from their release or from the day on which their sentences lapsed.   
 
For those who relapsed into the act, and those persons whose sentences have been expired, the relevant period is ten (10) years from their release or from the day on which their sentences lapsed.   
 
   
 
   
Article:  252
+
'''Article:  252'''
 +
 
A convicted person should, unless the time for execution of judgment has expired, prove payment of court fees, fines and damages or that he or she has been exempted for paying them.  
 
A convicted person should, unless the time for execution of judgment has expired, prove payment of court fees, fines and damages or that he or she has been exempted for paying them.  
 
If he or she falls to prove it beyond reasonable doubt, he or she has to indicate that he or she was imprisoned for the non-payment or that the government or the victims of the crime have waved the execution.  
 
If he or she falls to prove it beyond reasonable doubt, he or she has to indicate that he or she was imprisoned for the non-payment or that the government or the victims of the crime have waved the execution.  
 
However, when the convicted person proves that he or she is a destitute, he or she can be rehabilitated, even if he or she has not yet paid any or part of the amount of money ordered.   
 
However, when the convicted person proves that he or she is a destitute, he or she can be rehabilitated, even if he or she has not yet paid any or part of the amount of money ordered.   
 
   
 
   
Article:  253
+
'''Article:  253'''
 +
 
Where, each of the convicted persons is jointly and severally liable, but the one who has applied for rehabilitation is incapable of paying all the amount of money ordered by the court, the court can fix the part the applicant has to pay.  
 
Where, each of the convicted persons is jointly and severally liable, but the one who has applied for rehabilitation is incapable of paying all the amount of money ordered by the court, the court can fix the part the applicant has to pay.  
Article 254: When the victim of an offence cannot be found or has refused to take the amount due to him or her, the money is kept in public treasury.  
+
 
 +
'''Article 254''':
 +
 
 +
When the victim of an offence cannot be found or has refused to take the amount due to him or her, the money is kept in public treasury.  
 
When the concerned party does not show up to collect the amount within a period of five years, it is restituated to the depositor, upon his or her application.   
 
When the concerned party does not show up to collect the amount within a period of five years, it is restituated to the depositor, upon his or her application.   
 
   
 
   
Article:  254 ( Organic Law no 20/2006 of 22/04/2006)  
+
'''Article:  254''' ( Organic Law no 20/2006 of 22/04/2006)  
 +
 
 
A convicted person can make a written application for rehabilitation to the High Court of the Republic or to the Military High Court for those cases tried before military courts . The application specifies the exact dates of conviction and all the places the convicted person has lived in since the time he or she was released.  
 
A convicted person can make a written application for rehabilitation to the High Court of the Republic or to the Military High Court for those cases tried before military courts . The application specifies the exact dates of conviction and all the places the convicted person has lived in since the time he or she was released.  
 +
 
The application is sent to the public prosecution service for its opinion on the conduct of the applicant. The public prosecution calls upon judgements against the convicted person, copies from the register of the detention facilities where he or she was detained indicating the punishment he or she served and request for police criminal record of the convicted person.  
 
The application is sent to the public prosecution service for its opinion on the conduct of the applicant. The public prosecution calls upon judgements against the convicted person, copies from the register of the detention facilities where he or she was detained indicating the punishment he or she served and request for police criminal record of the convicted person.  
 +
 
The High Court of the Republic or the Military High Court makes a ruling on the arguments of the public prosecution within a period of two (2) months after hearing or summoning the applicant or his or her counsel in accordance with the law.   
 
The High Court of the Republic or the Military High Court makes a ruling on the arguments of the public prosecution within a period of two (2) months after hearing or summoning the applicant or his or her counsel in accordance with the law.   
 
   
 
   
Article:  255
+
'''Article:  255'''
 +
 
When the application for rehabilitation is rejected, it cannot be re-submitted before the expiration of two years, unless the first application was rejected on the grounds that probationary period was not complete; in that case, the application can be renewed after expiration of the probationary period.  
 
When the application for rehabilitation is rejected, it cannot be re-submitted before the expiration of two years, unless the first application was rejected on the grounds that probationary period was not complete; in that case, the application can be renewed after expiration of the probationary period.  
 
   
 
   
Article:  256
+
'''Article:  256'''
 +
 
Rehabilitation removes conviction and sentence and then stops all the resulting disqualifications.  
 
Rehabilitation removes conviction and sentence and then stops all the resulting disqualifications.  
 
However, rehabilitation is automatically cancelled if, within a period of five (5) years, the rehabilitated convict commits an offence punishable by an imprisonment equal to or exceeding five (5) years and for which he or she has been convicted and sentenced. In this respect, the public prosecution service will file the matter before the High Court of the Republic or the Military High Court which, in turn, cancels the rehabilitation order, after legally summoning the applicant or his or her counsel.  
 
However, rehabilitation is automatically cancelled if, within a period of five (5) years, the rehabilitated convict commits an offence punishable by an imprisonment equal to or exceeding five (5) years and for which he or she has been convicted and sentenced. In this respect, the public prosecution service will file the matter before the High Court of the Republic or the Military High Court which, in turn, cancels the rehabilitation order, after legally summoning the applicant or his or her counsel.  
 
When rehabilitation is cancelled, it is considered as if it has never been granted.   
 
When rehabilitation is cancelled, it is considered as if it has never been granted.   
 
 
 
 
 
Chapter 9.  COURT FEES
 
  
+
== Chapter 9.  COURT FEES ==
  
 +
===Section 1.  Payment of Court fees deposit===
  
+
'''Article: 257''' ( Organic Law no 20/2006 of 22/04/2006)
 
Section 1. Payment of Court fees deposit
 
  
+
money specified by the Minister having justice in his or her attributions so that they can be allowed:
  
Article:  257 ( Organic Law no 20/2006 of 22/04/2006)
 
money specified by the Minister having justice in his or her attributions so that they can be allowed:
 
  
 +
  
 +
  
 +
  
 +
  
 +
 
The amount of court fees payable in the Military Court is equal to that payable in a Higher Instance Court whereas the amount of court fees payable in the Military High Court is equal to that payable to the High Court of the Republic.  
 
The amount of court fees payable in the Military Court is equal to that payable in a Higher Instance Court whereas the amount of court fees payable in the Military High Court is equal to that payable to the High Court of the Republic.  
 +
 
If there arise disputes on the amount of court fees claimed by a Court Registrar, the President of the court shall settle them.  
 
If there arise disputes on the amount of court fees claimed by a Court Registrar, the President of the court shall settle them.  
 +
 
The amount of additional court fees to be paid in order to complete the amount previously deposited is assessed by a judge or magistrate and the receipt of its payment shall be submitted to a Court Registrar as provided for in the first paragraph of this article, falling to which no other procedural step can be taken in favour of the parties".   
 
The amount of additional court fees to be paid in order to complete the amount previously deposited is assessed by a judge or magistrate and the receipt of its payment shall be submitted to a Court Registrar as provided for in the first paragraph of this article, falling to which no other procedural step can be taken in favour of the parties".   
 
   
 
   
Article:  258
+
'''Article:  258'''
 +
 
The following are exempted from depositing court fees:
 
The following are exempted from depositing court fees:
 +
  
 +
  
 +
  
 
   
 
   
Article:  259
+
'''Article:  259'''
 +
 
 
Even if a civil party is awarded damages claimed, a Court Clerk shall deduct court fees payable from the amount he or she deposited and the winning party shall proceed against the loosing party in order to recover the amount deducted from the court fees deposited.  
 
Even if a civil party is awarded damages claimed, a Court Clerk shall deduct court fees payable from the amount he or she deposited and the winning party shall proceed against the loosing party in order to recover the amount deducted from the court fees deposited.  
 
However, for incidental proceeding, court fees to be deducted by a Court Clerk are only those relating to steps taken in the case at his or her request.   
 
However, for incidental proceeding, court fees to be deducted by a Court Clerk are only those relating to steps taken in the case at his or her request.   
 
   
 
   
Article:  260
+
'''Article:  260'''
 +
 
Court fees are calculated by its Clerk. When there is a civil party, the bill of costs should indicate the amount of fees to be deducted from court fees deposited by the losing party as well as the amount to the paid by the losing party. The bill of costs is verified and signed by the President of court.  
 
Court fees are calculated by its Clerk. When there is a civil party, the bill of costs should indicate the amount of fees to be deducted from court fees deposited by the losing party as well as the amount to the paid by the losing party. The bill of costs is verified and signed by the President of court.  
 +
 
In case of appeal, a Court Clerk of the appellate court calculates court fees and the bill of costs are signed by the President of the court to which the fees are paid.   
 
In case of appeal, a Court Clerk of the appellate court calculates court fees and the bill of costs are signed by the President of the court to which the fees are paid.   
 
   
 
   
Article:  261
+
'''Article:  261'''
 +
 
"A proportional duty of four percent (4%) is charged on all amounts of money or value of assets awarded as damages by a court final judgment.  
 
"A proportional duty of four percent (4%) is charged on all amounts of money or value of assets awarded as damages by a court final judgment.  
 +
 
Interests for delayed payments that have fallen due on the date of judgement are added to the principal amount upon calculating that proportional duty of four percent (4%).  
 
Interests for delayed payments that have fallen due on the date of judgement are added to the principal amount upon calculating that proportional duty of four percent (4%).  
 +
 
Court fees and the proportional duty of four percent (4%) are paid to the District treasury if they are charged by the Higher Instance Court or Lower Instance Court. Such propotional duty shall be paid to the government treasury if they are charged by any other court.  
 
Court fees and the proportional duty of four percent (4%) are paid to the District treasury if they are charged by the Higher Instance Court or Lower Instance Court. Such propotional duty shall be paid to the government treasury if they are charged by any other court.  
 +
 
The Minister in charge of justice fixes regulations for implementing the provisions of this article by a ministerial order".   
 
The Minister in charge of justice fixes regulations for implementing the provisions of this article by a ministerial order".   
 
   
 
   
Article:  262
+
'''Article:  262'''
 +
 
When the amount of the value of the property to be paid by the winning party to the losing party has not been mentioned in a judgment, it shall be determined by a Court Clerk who is charged with assessing the four percent charges, except that the party who is supposed to pay will be allowed to refer the matter to the President of the court so that a review of the assessment of the value of the property made by the Court Clerk can be made.  
 
When the amount of the value of the property to be paid by the winning party to the losing party has not been mentioned in a judgment, it shall be determined by a Court Clerk who is charged with assessing the four percent charges, except that the party who is supposed to pay will be allowed to refer the matter to the President of the court so that a review of the assessment of the value of the property made by the Court Clerk can be made.  
 
Court fees are borne by the losing party. They are assessed in the way it is done in respect of civil cases.   
 
Court fees are borne by the losing party. They are assessed in the way it is done in respect of civil cases.   
 
   
 
   
Article:  263
+
'''Article:  263'''
 +
  
 +
 
The proportional duty is due by the person condemned to pay damages; the person sentenced on the basis of his or her charges or the person liable for damages shall provide the clerk with a receipt certifying that he or she has paid within the month following the date on which the civil sentence has become res judicata.   
 
The proportional duty is due by the person condemned to pay damages; the person sentenced on the basis of his or her charges or the person liable for damages shall provide the clerk with a receipt certifying that he or she has paid within the month following the date on which the civil sentence has become res judicata.   
 
   
 
   
Article:  264
+
'''Article:  264'''
 +
 
Proportional rights shall be recovered in accordance with a document authorising execution of its recovery issued by the President of the court which gave judgment demanding the payment, after a formal notice to pay within three (3) days served on the judgment-debtor has become fruitless but, without prejudice to an order of attachment before judgment which comes into effect from the day on which the amount was supposed to be paid; the attachment being authorised by the President of the court.  
 
Proportional rights shall be recovered in accordance with a document authorising execution of its recovery issued by the President of the court which gave judgment demanding the payment, after a formal notice to pay within three (3) days served on the judgment-debtor has become fruitless but, without prejudice to an order of attachment before judgment which comes into effect from the day on which the amount was supposed to be paid; the attachment being authorised by the President of the court.  
 
   
 
   
Article:  265
+
'''Article:  265'''
 +
 
empowered to carry out execution of a judgement shall first deduct proportional duty of four percent (4%) which shall go to District or Government treasury from all sums or any other property whose monetary value can be ascertained in a final court decision or by a foreign judgment which is capable of being executed in Rwanda.  
 
empowered to carry out execution of a judgement shall first deduct proportional duty of four percent (4%) which shall go to District or Government treasury from all sums or any other property whose monetary value can be ascertained in a final court decision or by a foreign judgment which is capable of being executed in Rwanda.  
 
If, following opposition, appeal or case review is altered after the proportional duty has been paid, such propotional duty is refunded in whole or part or supplemented depending on the judgement of the case.  
 
If, following opposition, appeal or case review is altered after the proportional duty has been paid, such propotional duty is refunded in whole or part or supplemented depending on the judgement of the case.  
Line 1,602: Line 1,684:
 
In such a case, when two years elapse before the proportional duty is claimed for by the owner, it can no longer be refunded.   
 
In such a case, when two years elapse before the proportional duty is claimed for by the owner, it can no longer be refunded.   
 
   
 
   
Article:  266  
+
'''Article:  266'''  
 
If the President of a court that rendered the judgment finds that a person is a destitute, he or she can issue without payment, an executable copy of judgment, an extensive copy of the case, an extract thereof or an ordinary copy of judgment.  
 
If the President of a court that rendered the judgment finds that a person is a destitute, he or she can issue without payment, an executable copy of judgment, an extensive copy of the case, an extract thereof or an ordinary copy of judgment.  
 
   
 
   
+
===Section 3.  Scale of court fees===
 
 
Section 3.  Scale of court fees
 
  
+
'''Article:  267'''
 
+
Article:  267
 
 
In criminal cases, documents relating to judicial proceedings and court fees payable for obtaining them are determined by the Minister responsible for justice.  
 
In criminal cases, documents relating to judicial proceedings and court fees payable for obtaining them are determined by the Minister responsible for justice.  
 
   
 
   
Article:  268
+
'''Article:  268'''
 +
 
Any page of court documents or judgment should contain at least twenty five (25) lines.  
 
Any page of court documents or judgment should contain at least twenty five (25) lines.  
 
   
 
   
Article:  269  
+
'''Article:  269'''  
 
Allowances payable to witnesses, physicians, interpreters and other experts as well as transport fees for court balliffs are approved by the presiding judge or magistrate after obtaining documents which contain the following:
 
Allowances payable to witnesses, physicians, interpreters and other experts as well as transport fees for court balliffs are approved by the presiding judge or magistrate after obtaining documents which contain the following:
 +
  
 +
  
 +
  
 +
  
 +
  
 +
 
The Minister in charge of justice determines the mode applicable to the calculation of allowances payable to witnesses, physicians, experts and interpreters.  
 
The Minister in charge of justice determines the mode applicable to the calculation of allowances payable to witnesses, physicians, experts and interpreters.  
 +
 
Transport fees for physicians and court balliffs, experts and interpreters are provided for on the budget of the Supreme Court and that of military courts. This amount is paid by the losing party and shall be deposited in public treasury.   
 
Transport fees for physicians and court balliffs, experts and interpreters are provided for on the budget of the Supreme Court and that of military courts. This amount is paid by the losing party and shall be deposited in public treasury.   
 
 
 
 
 
Chapter 10.  SPECIAL PROVISIONS
 
 
 
 
  
+
== Chapter 10SPECIAL PROVISIONS ==
 
Section 1General Provisions
 
  
+
===Section 1.  General Provisions===
  
Article:  270
+
'''Article:  270'''
 +
 
Unless the law provides otherwise, periods provided for by the law relating to criminal procedure shall follow the regulations specified under this section.  
 
Unless the law provides otherwise, periods provided for by the law relating to criminal procedure shall follow the regulations specified under this section.  
 
   
 
   
Article:  271
+
'''Article:  271'''
 +
 
Periods which are counted in days and hours, are counted from midnight to midnight of the following day regardless the day the document or an act is done. However, the last day of their occurrence is considered.  
 
Periods which are counted in days and hours, are counted from midnight to midnight of the following day regardless the day the document or an act is done. However, the last day of their occurrence is considered.  
 
In no case, whatsoever, shall the period of appeal be extended, except under serious reasons until they cease to be.  
 
In no case, whatsoever, shall the period of appeal be extended, except under serious reasons until they cease to be.  
Line 1,652: Line 1,729:
 
However, when the last day of the period coincides with a recognised public holiday, the period ends on the next working day.   
 
However, when the last day of the period coincides with a recognised public holiday, the period ends on the next working day.   
 
   
 
   
Article:  272
+
'''Article:  272'''
 +
 
Periods which are counted in months and years are counted from the first day and end on the day preceding the last one.  
 
Periods which are counted in months and years are counted from the first day and end on the day preceding the last one.  
 
   
 
   
+
===Section 2.  Transitional and final Provisions===
 
 
Section 2.  Transitional and final Provisions
 
 
 
 
  
Article:  273
+
'''Article:  273'''
 +
 
Periods which are counted in months and years are counted from the first day and end on the day preceding the last one.  
 
Periods which are counted in months and years are counted from the first day and end on the day preceding the last one.  
 
   
 
   
Article:  274
+
'''Article:  274'''
 +
 
This law relating to criminal procedure shall also apply to military courts unless the law provides otherwise.  
 
This law relating to criminal procedure shall also apply to military courts unless the law provides otherwise.  
 
   
 
   
Article:  275
+
'''Article:  275'''
 +
 
Cases that were conducted from December 8, 2005 up to the date this law is published in the Official Gazette of the Republic of Rwanda shall remain valid. Prescription for filing a case or appealing shall keep being computed as of the date on which this law comes into force.   
 
Cases that were conducted from December 8, 2005 up to the date this law is published in the Official Gazette of the Republic of Rwanda shall remain valid. Prescription for filing a case or appealing shall keep being computed as of the date on which this law comes into force.   
 
   
 
   
Article:  276  
+
'''Article:  276'''
 +
   
 
The law of February 23, 1963 relating to criminal procedure as modified and complemented to date and other previous legal provisions contrary to this law are hereby abrogated.   
 
The law of February 23, 1963 relating to criminal procedure as modified and complemented to date and other previous legal provisions contrary to this law are hereby abrogated.   
 
   
 
   
Article:  277
+
'''Article:  277'''
 +
 
This law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.  
 
This law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.  
 +
 +
 
Kigali, on 17/5/2004
 
Kigali, on 17/5/2004
 +
 +
----
 +
See [[Rwanda]]

Latest revision as of 10:28, 27 July 2010