Difference between revisions of "Code of Criminal Procedure-Rwanda"
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When there is a civil party in the case, he or she bears the costs in accordance with the provisions of paragraph 2 of article 151 unless the amount of damages awarded before has been increased on appeal. | When there is a civil party in the case, he or she bears the costs in accordance with the provisions of paragraph 2 of article 151 unless the amount of damages awarded before has been increased on appeal. | ||
| − | + | ===Section 3. Application for Review=== | |
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| − | Section 3. Application for Review | ||
| − | + | '''Article: 180''' | |
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| + | 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: | ||
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| − | Article: 181 ( Organic Law no 20/2006 of 22/04/2006) | + | '''Article: 181''' ( Organic Law no 20/2006 of 22/04/2006) |
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An application for review is made by the following: | An application for review is made by the following: | ||
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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''' |
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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''' |
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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. | ||
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Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person. | Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person. | ||
