iradukunda-dev/offences_and_penalties_in_general_2018_dataset huggingface dataset:
Nº68/2018 of 30/08/2018, is a law determining offences and penalties in general……………………………..2
Article One: Purpose of this LawThis Law sets out:1º general principles governing offences and penalties;2º offences and penalties in general.
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 Embassies in other countries;3º offender: a person who commits an act punishable by law or omits to perform an act required by law;4º co-offender: a person who directly commission of an offence;5º accomplice: a person having aided the offender in the means of preparing the offence through any of the following acts;a) a person who, by means of  remuneration, promise, threat,  abuse of authority or power has caused an offence or given instructions for the  commission thereof;b) a  person who knowingly aids or abets the offender in the means of preparing, facilitating or committing the offence or incites the offender;c) a person who causes another to commit an offence by uttering   speeches, inciting cries or threats in a place where more than two (2) persons gather, or by means of writings, books or other printed texts that are purchased or distributed free of charge or displayed in public places, posters or notices visible to the public;infraction;d) a person who harbours an offender or a co-offender or an accomplice to make it impossible to find or arrest him/her, helps him/her hide or escape  or  provides him/her with a hiding place or facilitates him/her to conceal objects us ed or intended for use in the commission of an offence;e) a person, who knowingly, conceals an object or other equipment used or intended for use in the commission of an offence;f) a person who steals, conceals or deliberately destroys  in any way objects that may be used in offence investigation,  discovery of evidence or  punishment of offenders;6º premeditation: an intent formulated by a person before the commission of an offence;7º ambush: an act of waiting in one or more places for an individual with intent to inflict death or commit any act of violence upon such an individual;8º child: a person under the age of eighteen (18);infraction;(18) ans ;9º public: a place where more than two (2) persons gather. The content posted on the internet, on a social media or published in media or sent to another person is regarded as being disclosed in public.
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 committed.No offence is punished by a penalty which was not provided for by law before the offence was committed.D’INFRACTION
Article 4: Interpretation of criminal lawsCriminal laws cannot be interpreted broadly, they must be construed strictly.Courts are prohibited to make judgement by analogy.
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.
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 penalty.infractionmu Rwanda.
Article 7: Prohibition of double jeopardyNo person may  be punished for the same offence for more than once.
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.
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 if it is committed by or against a Rwandan citizen in an area that is not subject to the sovereignty of any State or committed by any person on board a vessel flying the flag of Rwanda and in waters which are not incriminationRwanda.subject to the sovereignty of any State or on board a Rwanda ­ registered aircraft in the territory that is not subject to the sovereignty of any State.
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 immunity guaranteed by international conventions ratified by Rwanda or by international customs or practices.
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 punishable by the Rwandan law. rwandaise.Rwanda
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 the Rwandan law as if the offence had been committed in Rwanda.
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 law.
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, one of whose constituent elements is accomplished outside Rwanda’s borders.Any person, whether a Rwandan or foreign citizen, a national or foreign non -that commits, inside or outside the territory of Rwanda, an international  crime or transnational crime may, if apprehended on the territory of Rwanda, be punished in accordance with the Rwandan law.
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
Article 16: Classification of offencesOffences are classified according to their gravity as follows:1º felony;2º misdemeanour;3º petty offence.
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.
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.
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.
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 but who reports it to administrative authorities, judicial or security organs and disclose to them the names of involved criminals and their accomplices is exempted from the penalty prescribed for conspiracy if he/she reports it  before the commission of the offence in respect of which conspiracy takes place.TENTATIVE D’INFRACTIONlieu.
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 circumstances beyond the offender’s control.An attempt to commit an offence is punishable even if the intended purpose could not be achieved because of factual circumstances unknown to the offender.An attempt to commit a felony or a misdemeanour is punishable with one half (1/2) the penalty for the felony or misdemeanour itself. For the offence  punishable by the penalty of life imprisonment, the attempt is punishable by imprisonment for a term of twenty-five (25) years.An attempt to commit a petty offence is not punishable.d’infraction
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.
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.
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 pronounced by the court.
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 use in the commission of  the offence or the proceeds thereof;4º publication of the penalty pronounced.Companies, cooperatives, non-personality may also be punishable  by the following penalties:1° dissolution;2° permanent closure of establishments in which  incriminated acts have  been  committed or which have been used to commit such acts;3° permanent exclusion from public procurement contracts, either indefinitely  or for a fixed period of time provided for by relevant laws;4° the ban on  issuing a cheque, a credit card or negotiable instrument;5° placement under judicial supervision.
Article 26 : Duration of the penalty of imprisonmentThe penalty of imprisonment may be for a fixed term or for life. 1° dissolution;(12).
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 (24) hours, an imprisonment of one (1) month is equal to thirty (30) days and an imprisonment of one (1) year is equal to twelve (12) months.
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 period during which the convict has voluntarily avoided serving the penalty.When a person is given more than one penalty of imprisonment, the next imprisonment penalty starts to run upon the expiration of the previous one.
Article 29: Life imprisonmentThe penalty of life imprisonment implies a jail term for the rest of the convict’s life.
Article 30: Amount of fineThe fine is at least one (1) Rwandan franc.
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 service.
Article 32 : Fine awarded concurrently with other paymentsWhen the convict’s property is insufficient damages, priority is given to the payment of
Article 33: Joint liability of convicts  for court feesAll persons convicted of the same offence damages and court fees.
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.
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 penalty. In that case, it is imposed as follows:1º when an offence is punishable by imprisonment  for a term of more than six (6) months and not more than  five (5) years, the court may order that the convict serve half (1/2) of the term of his/her penalty in serving the penalty of community service;2º when an offence is punishable by imprisonment for a term of less than six (6) months, the court may order that the convict serve  the penalty of community service for a period not exceeding the maximum imprisonment provided by the law for such an offence.In case of the convict’s failure to properly serve the penalty of community service, he/she is forced to serve the remainder of the penalty in prison.A Presidential Order determines modalities for the execution of the penalty of community service.
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, the  period to serve the penalty of community  service.payment of damages for the benefit of the victim, community service imposed does not preclude the victim’s right to such A  convict is exempted from serving the penalty of community  service if  he/she  effects  payment. à payer.ya Leta.
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 belong to the convict. If such items do no t belong to the convict or if the offence committed is a petty offence, the confiscation is ordered only in cases specified by the law.
Article  38 : Prohibition of  the  general confiscationThe general confiscation of all the convict’s current and future property is prohibited.
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
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 five (5) years;2º if a person who, having been  sentenced to imprisonment for a term equal to or more than six (6) months, is sentenced again to imprisonment for a term equal to or more than six (6) months within five (5) years of  the execution of such a penalty or when its enforcement has become time-barred.The duration of  ban on residence or location may not exceed a period of one (1) year.prescription.
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, the penalty of ban on residence or compulsory residence in a particular location  commences on the day of release.If the convict released on parole is re -incarcerated, the period of ban on residence or compulsory residence in a particular location is deducted from the penalty imposed on him/her by the court.An Order of the Minister in charge of justice determine s modalities for the execution of the penalty of ban on residence location.
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 deeds and to testify in court, except in case of   providing  information;5º loss of legal capacity to act as  a family council member, a guardian, a trustee, a guardian replacement, a guardian of intellectually disabled persons except in case of his/ her own children;6º deprivation of the right to possess arms;suit:public;or a credit card;8º debarment from participating in public procurement;9º deprivation of the right to leave the national territory;10º deprivation of the right to perform such functions as may be specified by the court.
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 the same manner as in the case of the penalty of imprisonment.national ;(10) ans.The deprivation of civic rights may be lifted if the convict has performed an exceptional act of good citizenship or highly committed himself/herself to promoting social development.
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.
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.
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
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.
Article 48: Penalty reductionNo penalty may be reduced except in cases and under circumstances provided by law.
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 of concurrence of grounds for  following while imposing a penalty:1º aggravating circumstances;2º mitigating circumstances.
Article 51 : Effects of aggravating circumstancesAggravating circumstances increase the gravity of penalty as determined by law.
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.
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 previous penalty imposed for an offence that may be punished by ordinary penal laws.contravention ;
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 not more than  fifteen (15) years if he/she would be subjected to a life imprisonment;2º a penalty which cannot exceed half (1/2) of the penalty he/she would receive if he/she would be subjected to a fix ed-term imprisonment or a fine.Penalties provided under  Paragraph One of this Article also apply to an accomplice if the accomplice 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.
Article 55 : Penalties in case of provocationPenalties are reduced for offences committed under provocation.
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.
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) years;imprisonment of not less than five (5) years and not more than  twenty -five (25) years, the penalty is reduced to imprisonment of Sous-section 2: Provocationl’infraction.not less than six (6) months and not more than two (2) years;3º in case of a misdemeanour, the penalty is reduced to imprisonment of not less than eight (8) days but less than six (6) months;4º in case of a petty offence, no penalty is imposed.decided by a judgecircumstances decided by a judgeadmissible.The reasons for acceptance of mitigating circumstances must be stated in the circumstances decided by a judgeThe judge may reduce penalties, especially  when:1º the accused, before the commencement of prosecution, pleads guilty and sincerely seek  forgiveness from the victim and  the Rwandan society and  expresses  remorse and repairs the damage caused as much  as would be  expected from him/her;2º the  accused  turns  himself/herself in to   competent  judicial authority  proceedings;3º at  the  outset  of  the  trial  in  the  first sincere confession;4º the offence has minor consequences.
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 cannot be less than the minimum sentence provided for the offence committed.