Rwandan Criminal Code

Article:  93

A suspect shall not be subjected to pre trial detention unless there are concrete grounds to prosecute him or her and the offence he or she is accused to have committed is punishable with at least two (2) years’ imprisonment. 
 

Article:  94

An accused person against whom there are strong reasons to suspect that he or she has committed an offence can be remanded in custody pending trial even if the offence he or she is suspected to have committed is punishable with an imprisonment which is less than two( 2) years but exceeding one month, if there is fear that he or she can escape or, if his particulars are unknown ordoubtful or if there are strong, unusual and exceptional circumstances that urgently require the detention pending trial in the interest of public security :
1° If the pretrial detention is the only means to preserve evidence or to stop the accused from interfering with the investigation or putting pressure on witnesses and complainants or stop fraudulent communication between the accused persons and their accomplices;
2° If such detention is the only means to protect the accused, to ensure that the accused will be available whenever he or she is needed by judicial organs or to put a halt to the commission of an offence or to prevent its recurrence;
3° If, considering the gravity of the offence, circumstances under which it was committed and the extent of harm caused has led to exceptional unrest and disruption of the law and order in which case detention becomes the only means to put them to an end.  
 

Article:  95

In this law, strong reasons to suspect that a person has committed an offence are the totality of evidence which can lead to the suspicion that a person might have committed an offence. 
 

Article:  96

When all conditions that warrant pre-trial detention are established, a public prosecutor can, after interrogating the accused pleading on his or her own or in the presence of his or her advocate, place him or her under provisional arrest and take him or her to the nearest jurisdiction with the exception of the High Court of the Republic and the Supreme Court.

The accused should appear before the magistrate or Judge in a period of not more than seventy-two(72) hours from the time the warrant of the provisional arrest was issued.  
 

Article:  97

In any case, an accused is detained pending trial pursuant to a court’s order which clarifies, grounds based on facts and law, and should particularly specify concrete grounds for suspecting that he or she committed the offence. 
 

Article:  98

An order for preventive detention is one which is signed by a Magistrate or Judge and a court registrar, if after the hearing he or she is of the view that the accused who is detained should remain in custody because of the evidence against him or her.

A preventive detention is authorized by the nearest court to the place where the suspect is arrested, with the exception of the High Court of the Republic and the Supreme Court.

The trial and judgment shall be open. A judge or magistrate can rule out that a trial be conducted in camera upon request by the prosecutor or the accused.  
 

Article:  99

A decision ordering for preventive detention should be delivered within 24 hours after the time the court is seized upon request by the public prosecution and after hearing the defense of the accused upon his will, his or her advocate and the Prosecutor.

The defense and grounds advanced by the accused person are recorded in writing. The Magistrate or Judge immediately informs the accused of the decision in writing or orally and then reduced into writing.  
 

Article:  100

An order authorizing for preventive detention remains in force for 30 days including the day on which it was delivered. After the expiry of that time, it can be renewed for one month and shall continue in that manner.

However, after expiration of 30 days, the time cannot be extended for contraventions. For misdemeanors, the time cannot be extended after the accused has been detained for 6 months and after one year for felonies.

Orders extending the period of detention are made in accordance with the form and periods provided for under article 99 of this law.

An order for pretrial detention or for extending the time of detention shall specify the grounds that justify it.

Preventive detention can also be ordered if an accused person has voluntarily breached some of the conditions of ball imposed on him or her.

VII.  Civil claim arising from an offense (procedure)

 1.  An action for civil damages lodged in a Criminal Court

 a.  ) Basing civil damages on the prosecution’s case

  b. Claiming damages by way of private prosecution

 2.  Claim for damages in a civil court

Article:  139

In felonies and misdemeanors, 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 authorized agent.

In contraventions, an accused can be represented by a counsel except when a Judge or Magistrate requires his or her personal appearance.  

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

Any person who has filed a complaint is notified by the court of the date of hearing. 
 

Article:  144

The trial of a case shall be conducted by the presiding Judge or Magistrate in the following order :
1° a court clerk calls upon parties to the case;
2° a court clerk reads out particulars of the accused and the offence charged;
3° the court asks the accused person whether he or she admits or denies the charges;
4° the prosecution provides evidence against the accused;
5° the accused gives his or her defense and narrates how the offence was committed if he or she admits it;
6° witnesses for the prosecution and defense are examined, anything against them is pointed out and the court admits or rejects them;
7° if necessary, expert witnesses are heard;
8° if necessary, exhibits which can serve to show the truth are examined;
9° the civil party explains his or her claim, the one liable for payment of damages also is heard;
10° the prosecution makes submission in relation to the sentence it seeks for the accused person;
11° the accused person is given the last chance to be heard;
12° a court clerk shall read in public a summary of the hearing before it is signed;
13° the hearing is declared closed and the presiding Judge or Magistrate informs the parties present the day on which judgment will be delivered.  
 

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.

Judgments on the merits of cases are always delivered in public.  
 

Article:  146

A court clerk takes note of the proceedings, particulars of parties and witnesses as well as their principal depositions.  
 

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

When the court’s order is disrupted by the accused himself or herself, the provisions of the proceeding article shall apply.

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

Any Judgment should indicate the following:

1° the court which delivered it;
2° particulars of the accused, those of the civil party and of the person liable to pay damages;
3° offences the accused is charged of ;
4° account of steps taken during in investigation and hearing;
5° submissions of parties;
6° reasons for the judgment;
7° legal provisions which have been applied;
8° offence for which the accused is convicted, if he or she is not proved innocent;
9° sentence(s) passed;
10° damages to be paid if any;
11° a decision as to the seized property;
12° the presence or absence of parties to the trial;
13° whether the hearing was conducted in public or in camera and the judgment delivered in public;
14° date and place of delivery of judgment;
15° that there is a Judge who did not agree with the judgment and his or her reasons;
16° names of trial judge(s) or magistrate(s);
17° names of a court clerk.

The detailed statement indicating the opinions of the judge who did not agree with the judgment is attached to the judgment It is not read in public.

A judgment 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 judgment is signed by the trial judge(s) or magistrate(s) as well as the court clerk present when it is delivered.

Article:  157

Judgments passed in absentia can be duly notified by a court bailiff or clerk, using an instrument comprising of the date and place of judgment, court which passed the judgment, grounds and legal provisions on which it is based as well as its orders.  
 

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 judgment is executed against the defendant in civil claims.  
 

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.

On the same day on which a court clerk receives the letter, he or she endorses on it the reception date and informs the applicant accordingly.

A court clerk immediately informs the public prosecution of the pending application for opposition.  
 

Article:  160

An application for opposition can only be accepted if the party who defaulted to appear shows serious reasons, which fully justify the failure to do so.

The seized court has the discretion to appreciate the alleged grounds for failure to appear.  
 

Article:  161

When a person who has applied for opposition of a judgment passed in his or her absence fails 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 judgment 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

The execution of a judgment 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

When the accused concedes to an application for opposition, the judgment 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 judgment 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.  
 

Article:  164

Those who are allowed to lodge appeals are :

1° the accused;
2° the person liable to pay damages;
3° the civil party or persons who have been automatically awarded damages but as regards their civil interests only;
4° the prosecution.  
 

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

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 clerk writes on it the date of reception and informs the appellant.

A court registry officer or bailiff 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

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

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

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

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

When the accused who is out on bail 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

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

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

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 offenses 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

The civil party claiming damages can only appeal for damages on decided cases concerning the civil claim.  
 

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

An appellate court limits its decision on the matters fixed by the appeal only. 
 

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

If on appeal by the prosecution only the judgment appealed against is not altered, court fees are borne by the public treasury.

When the punishment imposed on judgment appealed against is reduced, an accused person bears half of the costs or is entirely relieved from paying all the costs.

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.