Difference between revisions of "Code of Criminal Procedure-Rwanda"
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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. | ||
| − | + | ===Section 3. Suspension of sentence=== | |
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| − | Section 3. Suspension of sentence | ||
| − | + | '''Article: 244''' | |
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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''' |
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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''' |
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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. | ||
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| − | + | == Chapter 8. GROUNDS FOR REMOVAL OF A SENTENCE == | |
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| − | + | ===Section 1. Amnesty=== | |
| − | Article: 247 | + | '''Article: 247''' |
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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''' |
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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''' |
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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=== | |
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| − | Section 2. Rehabilitation | ||
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| − | Article: 250 | + | '''Article: 250''' |
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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''' |
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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''' |
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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''' |
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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''': | ||
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| + | 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) |
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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. | ||
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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. | ||
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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''' |
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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''' |
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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. | ||
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| − | + | == Chapter 9. COURT FEES == | |
| + | ===Section 1. Payment of Court fees deposit=== | ||
| − | + | '''Article: 257''' ( Organic Law no 20/2006 of 22/04/2006) | |
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| − | + | money specified by the Minister having justice in his or her attributions so that they can be allowed: | |
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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. | ||
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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. | ||
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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''' |
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The following are exempted from depositing court fees: | The following are exempted from depositing court fees: | ||
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| − | Article: 259 | + | '''Article: 259''' |
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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''' |
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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. | ||
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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''' |
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"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. | ||
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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%). | ||
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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. | ||
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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''' |
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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''' |
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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''' |
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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''' |
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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. | ||
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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=== | |
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| − | Section 3. Scale of court fees | ||
| − | + | '''Article: 267''' | |
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| − | 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''' |
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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: | ||
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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. | ||
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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. | ||
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| − | + | == Chapter 10. SPECIAL PROVISIONS == | |
| + | ===Section 1. General Provisions=== | ||
| − | + | '''Article: 270''' | |
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| − | 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''' |
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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. | ||
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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''' |
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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=== | |
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| − | Section 2. Transitional and final Provisions | ||
| − | + | '''Article: 273''' | |
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| − | 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''' |
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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''' |
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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''' |
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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''' |
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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. | ||
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Kigali, on 17/5/2004 | Kigali, on 17/5/2004 | ||
