Difference between revisions of "Code of Criminal Procedure-Rwanda"
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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=== | |
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| − | Section 2. Imprisonment | ||
| − | + | '''Article: 218''' | |
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| − | 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''' |
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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''' |
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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=== | |
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| − | Section 3. Fines | ||
| − | + | '''Article: 221''' | |
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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''' |
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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''' |
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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''' |
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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=== | |
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| − | Section 4. Public Interest Works | ||
| − | + | '''Article: 225''' | |
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| − | 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=== | |
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| − | Section 5. General Provision | ||
| − | + | '''Article: 226''' | |
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| − | 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 == | |
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| − | Chapter 7. GROUNDS FOR DEFERRING EXECUTION OF SENTENCE | ||
| − | + | ===Section 1. Pardon=== | |
| − | + | '''Article: 227''' | |
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| − | 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''' |
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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''' |
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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. | ||
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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''' |
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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''' |
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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''' |
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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. | ||
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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. | ||
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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. | ||
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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''' |
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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''' |
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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''' |
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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=== | |
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| − | Section 2. Conditional release of a sentenced person | ||
| − | + | '''Article: 237''' | |
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| + | 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: | ||
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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''' |
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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''' |
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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. | ||
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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''' |
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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. | ||
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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''' |
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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''' |
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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''' |
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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. | ||
