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

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Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person.   
 
Distant relatives will not have the right to claim damages without first having to prove the loss occasioned to them by conviction and punishment of the person.   
 
 
 
 
 
Chapter 5.  SPECIAL PROCEEDINGS
 
  
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== Chapter 5.  SPECIAL PROCEEDINGS ==
  
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===Section 1.  Prosecution of juvenile offenders===
  
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'''Article:  184'''
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Section 1.  Prosecution of juvenile offenders
 
 
 
 
 
 
Article:  184
 
 
A child who is below the age of twelve (12) years cannot be detained in the custody meant for criminal suspects.  
 
A child who is below the age of twelve (12) years cannot be detained in the custody meant for criminal suspects.  
 
However for exceptional reasons, a child who is aged between ten (10) and twelve (12) years against whom there are undoubtful reasons to suspect that he or she has committed an offence can, for the purposes of investigation, be detained by a judicial police for a period which can not exceed forty-eight (48) hours but only when the offence he or she is suspected to have committed is punishable with at least five (5) years imprisonment.   
 
However for exceptional reasons, a child who is aged between ten (10) and twelve (12) years against whom there are undoubtful reasons to suspect that he or she has committed an offence can, for the purposes of investigation, be detained by a judicial police for a period which can not exceed forty-eight (48) hours but only when the offence he or she is suspected to have committed is punishable with at least five (5) years imprisonment.   
 
   
 
   
Article:  185
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'''Article:  185'''
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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
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'''Article:  186'''
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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.  
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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.  
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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.  
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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
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'''Article:  187'''
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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 :  
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Article:  188
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'''Article:  188'''
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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
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'''Article:  189'''
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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
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'''Article:  190'''
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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
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'''Article:  191'''
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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
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'''Article:  192'''
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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.  
 
   
 
   

Revision as of 13:57, 15 April 2010