@@ Line 836: / Line 836: @@
 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.
+'''Sub-section 2.  Claim for damages in a civil court'''
-Sub-section 2.  Claim for damages in a civil court
+'''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.
-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.
+===Section 4.  Attendance of parties in Court===
-Section 4.  Attendance of parties in Court
+'''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.
-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.
-Article:  140
+'''Article:  140'''
 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.
 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
+===Section 5.  Trial procedures===
-Article:  141
+'''Article:  141'''
 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.
+===Section 6.  The Trial===
-Section 6.  The Trial
+'''Article:  142'''
+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.
-Article:  143
+'''Article:  143'''
 Any person who has filed a complaint is notified by the court of the date of hearing.
-Article:  144
+'''Article:  144'''
 The trial of a case shall be conducted by the presiding Judge or Magistrate in the following order :
-Article:  145
+'''Article:  145'''
 Hearings are conducted in public.
 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.
 Judgements on the merits of cases are always delivered in public.
-Article:  146
+'''Article:  146'''
 A court clerk takes note of the proceedings, particulars of parties and witnesses as well as their principal depositions.
-Article:  147
+'''Article:  147'''
 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.
-Article:  148
+'''Article:  148'''
 When the court's order is disrupted by the accused himself or herself, the provisions of the preceeding article shall apply.
+===Section 7.  Judgments===
-Section 7.  Judgments
+'''Article:  149'''
-Article:  149
 At the time of delivery, judgments should be written and read within a period of thirty (30) days following termination of hearing.
-Article:  150
+'''Article:  150'''
 Any Judgment should indicate the following:
 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 is signed by the trial judge(s) or magistrate(s) as well as the court clerk present when it is delivered.
-Article:  151
+'''Article:  151'''
 Where the accused is acquitted, court fees are borne by the public treasury.
 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.
-Article:  152
+'''Article:  152'''
 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.
-Article:  153
+'''Article:  153'''
 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
+'''Article:  154'''
 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.
+'''Sub-section 1.  Judgement in absentia'''
-Sub-section 1.  Judgement in absentia
+'''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 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 judgement is passed in absentia, it is notified to the accused by a court balliff in an instrument containing essential elements of the case.
+'''Sub-section 2.  Trials of fugitive offenders'''
-Sub-section 2.  Trials of fugitive offenders
+'''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.
-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.
-Chapter 4.  APPEALS
+== Chapter 4.  APPEALS ==
+===Section 1.  Application for opposition===
+'''Article:  157'''
-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.
-Article:  158
+'''Article:  158'''
 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.
 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
+'''Article:  159'''
 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.
@@ Line 1,021: / Line 1,040: @@
 A court clerk immediately informs the public prosecution of the pending application for opposition.
-Article:  160
+'''Article:  160'''
 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.
-Article:  161
+'''Article:  161'''
 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.
 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
+'''Article:  162'''
 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.
 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
+'''Article:  163'''
 When the accused concedes to an application for opposition, the judgement passed in absentia becomes worthless and the court retries the case on merits.
 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.
+===Section 2.  Appeals===
-Section 2.  Appeals
+'''Article:  164'''
+Those who are allowed to lodge appeals are :
-Article:  164
-Those who are allowed to lodge appeals are :
-Article:  165
+'''Article:  165'''
 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.
 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.
 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
+'''Article:  166'''
 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.
 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.
 A court registry officer or balliff is responsible for serving process of appeals.
 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
+'''Article:  167'''
 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
+'''Article:  168'''
 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.
-Article:  169
+'''Article:  169'''
 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
+'''Article:  170'''
 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.
 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.
 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
+'''Article:  171'''
 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.
 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
+'''Article:  172'''
 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.
-Article:  173
+'''Article:  173'''
 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.
 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
+'''Article:  174'''
 The accused can appeal against the whole judgment that orders his or her imprisonment or payment of damages.
 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.
-Article:  175
+'''Article:  175'''
 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.
-Article:  177
+'''Article:  177'''
 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.
-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.
 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.

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

Revision as of 14:51, 15 April 2010

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