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Explain the Law Nº68/2018 of 30/08/2018 as mentioned in the Rwandan Official gazette no. special of 27/09/2018
What is the summary about this Law Nº68/2018 of 30/08/2018?
Nº68/2018 of 30/08/2018, is a law determining offences and penalties in general……………………………..2
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article One: Purpose of this Law of Part one: general provisions, Title one: purpose of this law and definitions of terms, explained?
Article One: Purpose of this LawThis Law sets out:1º general principles governing offences and penalties;2º offences and penalties in general.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 2: Definitions of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 2: DefinitionsFor the purposes of this Law, the following terms are defined as follows:1º offence: an act or omission that breaches public order and which is punishable by law;2º territory of Rwanda: the land, streams, rivers, lakes and air space within the boundaries of the Republic of Rwanda and Rwandan Embas...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 3: No punishment without law of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 3: No punishment without lawNo one can be held guilty of an offence on account of any act or omission which did not constitute an offence under national or international law at the time when it was committed.A heavier penalty may not be imposed than the one that was applicable at the time the offence was comm...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 4: Interpretation of criminal laws of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 4: Interpretation of criminal lawsCriminal laws cannot be interpreted broadly, they must be construed strictly.Courts are prohibited to make judgement by analogy.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 5: Law applied in case of several laws applicable to the same offence of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 5: Law applied in case of several laws applicable to the same offenceWhen several laws punish the same offence, the specific law take s precedence over the general law, unless the law provides otherwise.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 6: Law applied in case of conflict of criminal laws of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 6: Law applied in case of conflict of criminal lawsIn case of conflict of criminal laws including a former law which was in force when the offence was committed, and another law which was published after the commission of the offence and before a final judgement has been rendered, the new imposes a less severe ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 7: Prohibition of double jeopardy of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 7: Prohibition of double jeopardyNo person may be punished for the same offence for more than once.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 8: Cessation of applicability of a law of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 8: Cessation of applicability of a lawA law ceases to apply to an offence committed when the law was still in force when it is repealed before the final unless the new law provides otherwise.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 9 : Offence committed on the territory of Rwanda of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 9 : Offence committed on the territory of RwandaAn offence is considered to have been committed on the territory of Rwanda if at least one of the acts constituting one of its its being punishable by law , was accomplished in Rwanda.An offence is also considered to have been committed on the territory of Rwanda ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 10: Applicable law to punish an offence committed on the territory of Rwanda of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 10: Applicable law to punish an offence committed on the territory of RwandaAny offence committed on the Rwandan territory, either by a Rwandan or a foreign citizen, is punished according to the Rwandan law.However, the provisions of Paragraph One of this Article do not apply to people entitled to diplomatic im...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 11 : Punishment of a Rwandan citizen having committed an offence outside the territory of Rwanda of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 11 : Punishment of a Rwandan citizen having committed an offence outside the territory of RwandaA Rwandan citizen who commits a felony or a misdemeanour outside the territory of Rwanda may be punished in accordance with the Rwandan law as if the offence was committed in Rwanda, provided that such an offence is...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 12: Punishment of an offence committed outside the territory of Rwanda against the interest of Rwanda of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 12: Punishment of an offence committed outside the territory of Rwanda against the interest of RwandaAny Rwandan or foreign citizen who commits a felony or a misdemeanour against the interests of Rwanda or against a Rwandan citizen outside the territory of Rwanda may be prosecuted and tried in accordance with ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 13: Punishment of an accomplice to an offence committed abroad of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 13: Punishment of an accomplice to an offence committed abroadAny person on the territory of Rwanda who is an accomplice to a felony or misdemeanour committed abroad, may be punished by Rwandan courts if the offence is punishable under the law of the country where the offence was committed and by the Rwandan l...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 14 : International crime and transnational crime of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter one : general principles explained?
Article 14 : International crime and transnational crimeAn international crime is a crime classified as such under international law.Rwanda.transnationalinternational.Rwanda.International crimes are the following:1 º the crime of genocide;2 º the crime against humanity;3 º war crimes.A transnational crime means a crime...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 15 : Assessment of Rwandan nationality of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter ii : categories of offences explained?
Article 15 : Assessment of Rwandan nationalityThe Rwandan citizen referred to under Articles 9, 10, 11, 12, 14, 191 and 192 of this Law is the one who had a Rwandan nationality at the time of the commission of the offence.rwandaise.rwandaise
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 16: Classification of offences of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter ii : categories of offences explained?
Article 16: Classification of offencesOffences are classified according to their gravity as follows:1º felony;2º misdemeanour;3º petty offence.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 17: Felony of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter ii : categories of offences explained?
Article 17: FelonyA felony is an offence punishable under the law by a principal penalty of imprisonment for a term of more than five (5) years or by life imprisonment.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 18: Misdemeanour of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter ii : categories of offences explained?
Article 18: MisdemeanourA misdemeanour is an offence punishable under the law by a principal penalty of imprisonment for a term of not less than six (6) months and not more than five (5) years.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 19: Petty offence of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter ii : categories of offences explained?
Article 19: Petty offenceA petty offence is an offence punishable under the law only by a principal penalty of imprisonment for a term of less than six (6) months, a fine or the penalty of community service. D’INFRACTIONS1° crime;3° contravention.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 20 : Conspiracy to commit an offence of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter iii : conspiracy and attempt to commit an offence Section one: conspiracy explained?
Article 20 : Conspiracy to commit an offenceConspiracy to commit an offence is an agreement between two (2) or more persons to engage in the commission of an offence by any one or more of them.Conspiracy to commit an offence is punishable by the same penalty as the intended offence.Any person involved in conspiracy bu...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 21 : Punishment of attempt to commit an offence of Part one: general provisions, Title ii : general principles, categories of offences, conspiracy and attempt to commit an offence, Chapter iii : conspiracy and attempt to commit an offence Section 2: tentative d’infraction explained?
Article 21 : Punishment of attempt to commit an offenceAn attempt is punishable when the intention to commit the offence has been demonstrated by one or more observable and unequivocal acts which constitute the beginning of the commission of the offence and leading to its execution, and that were because of circumstanc...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 22 : Voluntary abandonment of intent to commit an offence of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section one: categories of penalties explained?
Article 22 : Voluntary abandonment of intent to commit an offenceIf a person who had the intent to commit an offence voluntarily abandons the intent, he/she is not punished, unless the preparatory acts alone already constitute an offence.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 23: Principal penalties applicable to natural persons of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section one: categories of penalties explained?
Article 23: Principal penalties applicable to natural personsPrincipal penalties applicable to natural persons are the following:1º imprisonment;2º fine;3º penalty of community service.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 24: Accessory penalties applicable to natural persons of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section one: categories of penalties explained?
Article 24: Accessory penalties applicable to natural personsAccessory penalties applicable to natural persons are the following:1º special confiscation;2º a ban on residence or compulsory residence in a particular location;3º deprivation of civic rights;4º publication of the offence committed and the penalty prono...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 25 : Penalties applicable to State or non -governmental of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection one : penalty of imprisonment explained?
Article 25 : Penalties applicable to State or non -governmental Penalties applicable to the institutions and cooperatives, non-governmental following:1º a fine;2º the ban on the conduct of one or several professional or social activities for a fixed period of time;3º confiscation of the object used or intended for u...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 26 : Duration of the penalty of imprisonment of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection one : penalty of imprisonment explained?
Article 26 : Duration of the penalty of imprisonmentThe penalty of imprisonment may be for a fixed term or for life. 1° dissolution;(12).
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 27: Fixed-term imprisonment of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection one : penalty of imprisonment explained?
Article 27: Fixed-term imprisonmentFixed-term imprisonment is imposed for at least one day and at most twenty -five (25) years, unless the law provides otherwise.Fixed-term imprisonment is calculated on the basis of days, months or years of the Gregorian calendar.An imprisonment of one (1) day is equal to twenty-four (...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 28 : Calculation of the term of fixed-term imprisonment of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection one : penalty of imprisonment explained?
Article 28 : Calculation of the term of fixed-term imprisonmentThe term of imprisonment run s from the becomes final.The length of the period of detention by legally competent organs is deducted from the term of imprisonment imposed by the court.In calculating the term of imprisonment, no account is taken of the perio...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 29: Life imprisonment of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 2: fine explained?
Article 29: Life imprisonmentThe penalty of life imprisonment implies a jail term for the rest of the convict’s life.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 30: Amount of fine of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 2: fine explained?
Article 30: Amount of fineThe fine is at least one (1) Rwandan franc.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 31: Imposition of a fine of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 2: fine explained?
Article 31: Imposition of a fineA fine is imposed individually on each of the convicts on the basis of the gravity of the offence.The court sets the time limit for payment of a fine. This time limit does not exceed one become final.The court may order that the fine be paid in instalments or commuted to community servic...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 32 : Fine awarded concurrently with other payments of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 2: fine explained?
Article 32 : Fine awarded concurrently with other paymentsWhen the convict’s property is insufficient damages, priority is given to the payment of
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 33: Joint liability of convicts for court fees of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 2: fine explained?
Article 33: Joint liability of convicts for court feesAll persons convicted of the same offence damages and court fees.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 34 : Restitution of embezzled, stolen, fraudulently obtained or unduly given property of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 3: penalty of community servic...
Article 34 : Restitution of embezzled, stolen, fraudulently obtained or unduly given propertyIf a penalty is imposed in a criminal case, the court must order the restitution of embezzled, stolen, fraudulently obtained or unduly given property, if any.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 35: Imposition of the penalty of community service of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 3: penalty of community service explained?
Article 35: Imposition of the penalty of community serviceIn case the penalty of community service is imposed as principal penalty, the court sets the time limit for serving such a penalty. Such a time limit does not exceed six (6) months.The penalty of community service may be imposed in lieu of another principal pen...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 36: Penalty of community service in case of the convict’s failure to comply with a court order of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 4: confiscation ex...
Article 36: Penalty of community service in case of the convict’s failure to comply with a court orderWhen the Court imposes a fine, court fees, any other payment into the public treasury, the benefit of the victim, it determines, in case of the convict’s failure to execute the court’s convictions against him/her...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 37: Special confiscation of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 4: confiscation explained?
Article 37: Special confiscationIn case a felony or a misdemeanour is committed, confiscation of items regarded intended for use in the commission of the offence, or those regarded as the proceeds from the commission of the offence is imposed as an accessory penalty in addition to the principal penalty if such items be...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 38 : Prohibition of the general confiscation of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 4: confiscation explained?
Article 38 : Prohibition of the general confiscationThe general confiscation of all the convict’s current and future property is prohibited.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 39: Administration of confiscated property of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 5 : ban on residence or compulsory residence in a particular location exp...
Article 39: Administration of confiscated propertyConfiscated property is put into the hands of the State.An Order of the Minister in charge of justice determines modalities for the administration of confiscated property.Sous-section 4: Confiscation
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 40: Imposition of the penalty of ban on residence or compulsory residence in a particular location of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 5 : ban on reside...
Article 40: Imposition of the penalty of ban on residence or compulsory residence in a particular locationUnless the law provides otherwise, the court may order ban on residence or compulsory residence in a particular location in the following cases:1º if a person is sentenced to imprisonment for a term of more than f...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 41: Calculation of the term of the penalty of ban on residence or location and modalities for execution thereof of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 6: d...
Article 41: Calculation of the term of the penalty of ban on residence or location and modalities for execution thereofThe penalty of ban on residence or compulsory residence in a particular location commences on the day of completion of the penalty of imprisonment by the convict.If the convict is released on parole, t...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 42: Deprivation of civic rights of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 6: deprivation of civic rights explained?
Article 42: Deprivation of civic rightsThe deprivation of civic rights consist s of the following:1º removal or prohibition from any public service;2º deprivation of all or part of political rights;3º deprivation of the right to wear decorations of honour;4º prohibition to act as an expert witness or a witness to dee...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 43: Imposition of the penalty of deprivation of civic rights of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 6: deprivation of civic rights explained?
Article 43: Imposition of the penalty of deprivation of civic rightsimprisonment, no person may be deprived of all civic rights.With the exception of convicts sentenced to life imprisonment, deprivation of civic rights cannot exceed ten (10) years.The deprivation of civic rights may be suspended, lifted or reduced in ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 44: Deprivation of civic rights for a convict sentenced to the penalty of life imprisonment of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 6: deprivation of civi...
Article 44: Deprivation of civic rights for a convict sentenced to the penalty of life imprisonmentLife imprisonment automatically entails the permanent deprivation of all civic rights.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 45 : Circumstances in which the penalty of deprivation of civic rights may be imposed of Part one: general provisions, Title iii: penalties in general, Chapter one : different categories of penalties Section 2 : special provisions applicable to some penalties Subsection 7 : publication of imposed pe...
Article 45 : Circumstances in which the penalty of deprivation of civic rights may be imposedThe deprivation of civic rights provided for in Article 42 of this Law may be imposed as an accessory penalty in addition to the principal penalty of imprisonment that is equal to or more than five (5) years.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 46 : Mode of publication of the penalty of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 2 : special provisions applicable to some penalties Subsection 7 : publication of imposed penalty explained?
Article 46 : Mode of publication of the penaltyThe court may order publication of a penalty imposed as an accessory penalty in addition to the principal penalty of not less than five (5) years of imprisonment.The court determine s the mode of publication of the imposed penalty.imposition of penalties
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 47 : Compliance with the law of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 2 : special provisions applicable to some penalties Subsection 7 : publication of imposed penalty explained?
Article 47 : Compliance with the law The court decides a case in accordance with the provisions of law and must state the basis of its decision.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 48: Penalty reduction of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 2 : special provisions applicable to some penalties Subsection 7 : publication of imposed penalty explained?
Article 48: Penalty reductionNo penalty may be reduced except in cases and under circumstances provided by law.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 49: Factors taken into account by a judge in determining a penalty of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 2: aggravating circumstances explained?
Article 49: Factors taken into account by a judge in determining a penaltyA judge determines a penalty according to the gravity, consequences of, and the motive for committing the offence, the offender’s prior record and personal situation and the circumstances surrounding the commission of the offence. In the event...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 51 : Effects of aggravating circumstances of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 3: recidivism explained?
Article 51 : Effects of aggravating circumstancesAggravating circumstances increase the gravity of penalty as determined by law.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 52 : Recidivism and its punishment of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 3: recidivism explained?
Article 52 : Recidivism and its punishmentFor felonies, recidivism occurs at any time For misdemeanours, recidivism occur s re-offends within five (5) years of completion of the sentence or after its prescription.Every recidivist receive s the maximum penalty provided by law and such penalty may be doubled.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 53: Circumstances when there is no recidivism of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 4 : mitigating circumstances prescribed by law Subsection one: minority age explained?
Article 53: Circumstances when there is no recidivismThere is no recidivism if:1º the previous offence is a petty offence;2º the penalty imposed on the previous offence was removed by amnesty or rehabilitation;3º the person who was sentenced for a military offence re -commits a felony or a misdemeanour except if the p...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 54: Punishment of a person aged between fourteen (14) and eighteen (18) years of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 4 : mitigating circumstances prescribed by law Subsection 2: provocation explained?
Article 54: Punishment of a person aged between fourteen (14) and eighteen (18) yearsIf the convict was at least fourteen (14) years of age but less than eighteen (18) years of age at the time of the commission of the offence, the following penalties apply:1º imprisonment for a term of not less than ten (10) years and...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 55 : Penalties in case of provocation of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 4 : mitigating circumstances prescribed by law Subsection 2: provocation explained?
Article 55 : Penalties in case of provocationPenalties are reduced for offences committed under provocation.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 56: Indication of provocation in judgement of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 4 : mitigating circumstances prescribed by law Subsection 2: provocation explained?
Article 56: Indication of provocation in judgementIn case of provocation, the judge state s in based, facts that indicate that the victim’s conduct caused the commission of the offence.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 57: Reduction of a penalty in case of provocation of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 4 : mitigating circumstances prescribed by law Subsection 2: provocation explained?
Article 57: Reduction of a penalty in case of provocationIf the judge is satisfied with elements that penalties are reduced in the following proportions:1º in case of a felony punishable by life imprisonment, the penalty is reduced to imprisonment for a term of not less than two (2) years and not more than five (5) y...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 60 : Reduction of penalties in decided by a judge of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 6: concurrence of offences explained?
Article 60 : Reduction of penalties in decided by a judgeIf there are mitigating circumstances, penalties may be reduced as follows:1º subject to the provisions of Article 107 life imprisonment may be reduced but it cannot be less than twenty-five (25) years;2º a fixed-term imprisonment or a fine may be reduced but it ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 61: Definition of concurrence of offences of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 6: concurrence of offences explained?
Article 61: Definition of concurrence of offencesConcurrence of offences occur s when one (1) person commits many offences, none of which has been the subject of a definitive Concurrence of offences may be ideal or real.Ideal concurrence of offences occurs when:1º a single act constitutes several offences;2º separate a...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 62 : Penalties in case of concurrence of offences of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 6: concurrence of offences explained?
Article 62 : Penalties in case of concurrence of offencesIn case of ideal concurrence of offences referred to in item One of Paragraph 3 of Article 61 of this Law, the judge impose s penalties provided for the most serious offence.In case of ideal concurrence of offences referred to in item 2º of Paragraph 3 of Articl...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 63: Hierarchy of penalties of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 7: suspension of penalty explained?
Article 63: Hierarchy of penaltiesThe most severe penalty is the one whose upper end of the range is the highest.When two (2) penalties have the same upper end of the range, the most severe penalty is the one whose lower end of the range is the highest.When both penalties have the same upper end and the same lower end ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 64: Conditions for application of the suspension of penalty of Part one: general provisions, Title iii: penalties in general, Chapter ii : imposition of penalties Section 7: suspension of penalty explained?
Article 64: Conditions for application of the suspension of penaltySuspension of sentence is a court decision which orders the stay of execution of a penalty of imprisonment not exceeding five (5) years. Suspension of a penalty is ordered on the basis of the gravity of the offence.The court decision ordering the suspe...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 66 : Effects of suspension of a penalty on other decisions rendered by the court of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 7: suspension of penalty explained?
Article 66 : Effects of suspension of a penalty on other decisions rendered by the courtThe suspension of a penalty does not exempt a convict from paying the costs of proceedings, damages and from deprivation of civic rights. However, deprivation of civic rights cease s to have effect if the Article 65 of this Law.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 67 : Causes of extinction of penalty of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section one: amnesty explained?
Article 67 : Causes of extinction of penaltyA penalty become s extinct following its execution, the convict’s death, amnesty, presidential pardon or due to its prescription.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 68: Definition of amnesty of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section one: amnesty explained?
Article 68: Definition of amnestyAmnesty is a pardon granted in the general interest and for the benefit of convicted persons in respect of the offences they have committed.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 69: Effects of amnesty of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 2: presidential pardon explained?
Article 69: Effects of amnestyAmnesty extinguish es the penalty pronounced as well as consequences of the offence.However, neither does amnesty exempt the convict from paying damages resulting from the court decision imposing the penalty nor does it prevent the filing of civil action arising out of the offence.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 70: Presidential pardon of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 2: presidential pardon explained?
Article 70: Presidential pardonThe presidential pardon is granted by the President of the Republic at his/her sole discretion and in the general interest of the country. It may be individual or collective.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 71 : Penalties for which the presidential pardon may be granted of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 2: presidential pardon explained?
Article 71 : Penalties for which the presidential pardon may be grantedThe presidential pardon may be granted for all principal and accessory penalties pronounced in a judgement that has become final.When the penalty has been executed in part, the presidential pardon can be granted for all or part of the remainder of t...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 72: Effects of presidential pardon of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 2: presidential pardon explained?
Article 72: Effects of presidential pardonThe presidential pardon extinguishes all or any of the penalties imposed on the convict or replaces them with other penalties that are less severe than the ones imposed on him/her.The presidential pardon does not extinguish accessory penalties that are not expressly specified i...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 73 : Suspension of penalty execution of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 73 : Suspension of penalty executionWhen the execution of the penalty of a fine or that of imprisonment of three (3) months or less has not yet commenced, it is suspended throughout the investigation of the case until the day the decision of presidential pardon is taken.During that same period, however, the Min...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 74: Definition of prescription of a penalty of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 74: Definition of prescription of a penaltyThe prescription of a penalty is the period beyond which a penalty can no longer be executed.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 75: Prescription of the penalty of imprisonment of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 75: Prescription of the penalty of imprisonmentThe penalty of imprisonment of less than six (6) months is subject to prescription after two (2) years have elapsed.The penalty of imprisonment for a term equal to or more than six (6) months and not more than five years (5) is subject to prescription after ten (10...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 76: Prescription of the penalty of community service of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 76: Prescription of the penalty of community serviceThe penalty of community service is subject to prescription after ten (10) years have elapsed.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 77: Prescription of the penalty of a fine of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 77: Prescription of the penalty of a fineThe penalty of a fine not exceeding five 500,000) is subject to prescription after two (2) years have elapsed while that of a fine exceeding five hundred thousand Rwandan prescription after ten (10) years have elapsed.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 78 : Prescription of accessory penalties of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 78 : Prescription of accessory penaltiesAccessory penalties are subject to prescription at the same time as principal penalties.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 79 : Calculation of the period of prescription of penalties of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 79 : Calculation of the period of prescription of penaltiesThe period of prescription of penalties commences from the day on which the decision imposing the penalty or revoking the suspension of penalty has become final.However, if the convict has evaded the execution of the penalty, the period of prescription ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 80: Interruption of the period of prescription of penalties of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 80: Interruption of the period of prescription of penaltiesThe arrest or detention of a convict interrupts the period of prescription of penalties for which the convict was not detained.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 81 : Suspension of the period of prescription of penalties of Part one: general provisions, Title iii: penalties in general, Chapter iii : extinction of penalties Section 3: prescription of penalties explained?
Article 81 : Suspension of the period of prescription of penaltiesThe period of prescription of a penalty is suspended whenever the execution of the
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 82: Prescription of penalties for of Part one: general provisions, Title iv: punishable persons, Chapter one : natural persons Section one: criminal liability explained?
Article 82: Prescription of penalties for not subject to prescription.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 83 : Criminal liability and its occurrence of Part one: general provisions, Title iv: punishable persons, Chapter one : natural persons Section one: criminal liability explained?
Article 83 : Criminal liability and its occurrenceCriminal liability is incurred by the offender, his/her co -offender or accomplice.Only a person who intentionally commits an offence is punishable. However, if the PHYSIQUESlaw so provides, a person commits an offence as a result of his/her recklessness, clumsiness, ne...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 84: Punishment of a co -offender and an accomplice of Part one: general provisions, Title iv: punishable persons, Chapter one : natural persons Section one: criminal liability explained?
Article 84: Punishment of a co -offender and an accompliceThe co-offender incurs the same penalties as the offender.The accomplice does not incur the same penalties as the offender except where:1º the law provides otherwise;2º the judge, in his/her discretion, finds that the accomplice’s responsibility in the commissio...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 85 : Grounds for non -criminal liability of Part one: general provisions, Title iv: punishable persons, Chapter one : natural persons Section one: criminal liability explained?
Article 85 : Grounds for non -criminal liabilityThere is no criminal liability if:1º the accused is a child under the age of fourteen (14) years;2º the accused was insane during the commission of the offence;A person who deliberately deprives himself/herself of mental faculties during the commission of an offence is c...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 86: Grounds for exemption from criminal liability of Part one: general provisions, Title iv: punishable persons, Chapter one : natural persons Section one: criminal liability explained?
Article 86: Grounds for exemption from criminal liabilityGrounds for exemption from criminal liability that are inherent to the offender are admitted if :1º a person commits an offence under the effect of a force or under duress to such an extent that he/she cannot resist;2º a person commits an act under orders of a le...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 87 : Effects of grounds of non -criminal liability and grounds for exemption of liability of Part one: general provisions, Title iv: punishable persons, Chapter ii : public institutions, companies, cooperatives, public or private entities or personality Section one: criminal liability explained?
Article 87 : Effects of grounds of non -criminal liability and grounds for exemption of liabilityThe grounds for non -criminal liability and grounds for exemption from criminal liability that are inherent to the offender do not apply with respect to his/her co -offenders or accomplices. Nor do such grounds entail exemp...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 88 : Criminal liability of public personality of Part one: general provisions, Title iv: punishable persons, Chapter ii : public institutions, companies, cooperatives, public or private entities or personality Section one: criminal liability explained?
Article 88 : Criminal liability of public personalityPublic institutions, companies, cooperatives, public or private entities or held liable for offences committed on their behalf by their organs or representatives.The criminal liability is established when the offenders have acted by virtue of the following:1º power ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 89 : Imposition of penalties on legal personality of Part one: general provisions, Title iv: punishable persons, Chapter ii : public institutions, companies, cooperatives, public or private entities or personality Section one: criminal liability explained?
Article 89 : Imposition of penalties on legal personalityIn the event of criminal liability of public institutions, companies, cooperatives, with legal personality, the court may impose one or more of the penalties provided under Article 25 of this Law depending on the offence committed.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 90: Imposition of the penalty of placement under judicial supervision of Part one: general provisions, Title iv: punishable persons, Chapter ii : public institutions, companies, cooperatives, public or private entities or personality Section one: criminal liability explained?
Article 90: Imposition of the penalty of placement under judicial supervisionA court decision ordering placement of a company, a cooperative, a private entity or judicial supervision involves appointing a representative at their own expense and the representative’s responsibility is specified by the court. Such respon...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 91 : Definition of crime of genocide of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section one: crime of genocide and its penalties explained?
Article 91 : Definition of crime of genocidefollowing acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such, whether in time of peace or in time of war:1º killing members of the group;2º causing serious bodily or mental h arm to members of the group; 3º delibe...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 92 : Punishment of the crime of genocide of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section one: crime of genocide and its penalties explained?
Article 92 : Punishment of the crime of genocideAny person who commits any of the acts referred to under Article 91 of this Law he/she is liable to the penalty of life imprisonment that cannot be mitigated by any circumstances.
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 93 : Other acts punished as the crime of genocide of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 2: crimes against humanity and their penalties explained?
Article 93 : Other acts punished as the crime of genocideWithout prejudice to other provisions of this Law in relation to attempt, conspiracy and complicity, the following acts are the crime of genocide:1º conspiracy to commit genocide;2º planning of the genocide;3º direct or indirect incitement to commit genocide;4º...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 94 : Definition of the crime against humanity of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 2: crimes against humanity and their penalties explained?
Article 94 : Definition of the crime against humanityThe crime against humanity is any of the following acts committed as part of a widespread or systematic attack directed against any civilian population:1º murder;2º extermination;3º enslavement;4º deportation or forcible transfer of population;5º imprisonment or othe...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 95 : Punishment for the crime against humanity of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 3: war crimes and their penalties explained?
Article 95 : Punishment for the crime against humanityAny person convicted of one of the acts referred to in items 1°, 2°, 3°, 6°, 7°, 9° and 11° of Article 94 of this Law is liable to the penalty of life imprisonment.Any person convicted of any of the acts referred to in items 4°, 5°, 8° and 10° of Article 94 of this...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 96: Definition of a war crime of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 3: war crimes and their penalties explained?
Article 96: Definition of a war crimeA war crime is any of the following acts committed during armed conflict and directed against persons or property protected under the provisions of the Geneva Conventions of 12 August 1949 and their additional Protocols I and II of 8 June 1977 and Protocol III of 8 December 2005:1º...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 97: Persons protected under the Geneva Conventions of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 3: war crimes and their penalties explained?
Article 97: Persons protected under the Geneva ConventionsPersons protected under the Geneva Conventions of August 12, 1949 and their additional protocols I and II of 8 June 1977 are the following:1° the civilian population;2° civilians under the power of belligerent parties;3° the wounded, sick, shipwrecked civilians ...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 98: Punishment for war crimes of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 3: war crimes and their penalties explained?
Article 98: Punishment for war crimesAny person convicted of any of the acts referred to under Article 96 of this Law is liable to the following penalties:1º life imprisonment if he/she commits any of the acts referred to under items 1°, 2°, 3°, 9°, 11° and 16°;2º imprisonment for a term of not less than ten (10) years...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the article. of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 3: war crimes and their penalties explained?
article.war crimesAny of the following acts committed in armed conflicts is a war crime:1º employment of poisonous weapons or other weapons which cause unnecessary suffering;2º looting of public or private property;3º collective punishments for individual acts;4º outrages on human dignity, in particular rape, sexual to...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 100 : Penalties for other acts of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 3: war crimes and their penalties explained?
Article 100 : Penalties for other acts Any person convicted of any of the offences referred to under Article 99 of this Law is liable to the following penalties:1º life imprisonment if he/she has committed any of the acts referred to under items 1°, 4°, 5°, 6°, 9° and 10°;2º imprisonment for a term not less than ten (1...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 101: Using prohibited methods or weapons against the enemy of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 4: offences against explained?
Article 101: Using prohibited methods or weapons against the enemyAny person who uses or orders use, against the enemy, of methods or weapons expressly forbidden by the laws and customs applicable in armed conflict, as well as international conventions ratified by Rwanda, commits an offence. Upon conviction, he/she is...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 102 : Punishment for offences wartime of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 4: offences against explained?
Article 102 : Punishment for offences wartimeAny person who:1º engages in hostile acts against the personnel of the performance of their duties;2º wilfully destroys or damages, during hostilities, facilities or warehouses belonging to or managed by such commits an offence.Any person convicted of any of the acts referre...
Explain the law article, as mentioned in the Rwandan Official gazette no. special of 27/09/2018
How is the Article 103: Unlawful use of an emblem of Part ii: offences and their penalties, Title one: offences against persons, Chapter one: crimes of genocide, crimes against humanity and war crimes Section 5 : common provisions applicable to the crime of genocide, crimes against humanity and war crimes explaine...
Article 103: Unlawful use of an emblem Any person who, intentionally, uses, wears or carries the emblem of humanitarian other sign constituting an imitation thereof likely to cause confusion, commits an offence.A person convicted of any of the acts referred to under Paragraph One of this Article is liable to imprisonme...
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