iradukunda-dev/offences_and_penalties_in_general_2018_dataset huggingface dataset:
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 acts which constitute separate offences, are related among themselves as  they are aimed at accomplishing a single criminal intent.Real concurrence of offences arise s when materially separate acts occur one after another and result in separate offences.d’infractionsinfractions ;
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 Article 61 of this Law, the judge impose s the maximum penalty provided for the most serious offence.In case of real concurrence of offences, the judge imposes penalties for  each offence and combine them, taking into account  the following:1º the penalty of life imprisonment outweighs all other penalties of imprisonment;2º the combination  of penalties of fixed-term imprisonment cannot be more than twice the maximum of the most severe penalty;3º the combination of the sentences  of years;d’infractionsl’infraction la plus grave.4º the combination of penalties of fine cannot be more than twice the maximum of the most severe penalty;5º the combination  of penalties of ban on residence or compulsory residence in a particular location  or  penalties of deprivation of civic rights cannot be more than twenty-five years (25).Any accessory penalty is imposed even if it is provided only for one of the concurrent offences.
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 of the range, the most severe penalty is the one accompanied by the penalty of a fine.A penalty of imprisonment is always more severe than the penalty of community service and the penalty of a fine.The penalty of community service is more severe than that of a fine.
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 suspension of penalty must be reasoned and rendered during the trial for the offence committed. Such a decision may order suspension of all or part of the penalty of imprisonment.The penalty of a fine and that of community service may not be subject to suspension.penaltyA suspended penalty is considered as void if, within the period set out in the decision and not less than one (1) year and not  exceeding five (5) years, the convict has not subsequently been convicted of a felony or misdemeanour from the date when the decision ordering the suspension of penalty has become final.Otherwise, the suspended penalty as well as new offence are combined and executed at the same time.
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.
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.
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.
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.
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.
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 the penalty.A suspended penalty may not be subject to presidential pardon as long as the suspension thereof is still effective.
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 in the order granting the pardon or the effects of conviction such as thoserelated to recidivism, suspension of penalty in case of execution and prosecution for new offences and those of being ordered to pay compensation such as restitution of property and payment of damages.
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 Minister in charge of justice may at any time order the suspension of the execution of any penalties, whether or not their execution has commenced.
Article 74: Definition of prescription of a penaltyThe prescription of a penalty is the period beyond which a penalty can no longer be executed.
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) years have elapsed.The penalty of imprisonment of more than five (5) years other than the penalty of life imprisonment is subject to prescription after twenty (20) years have elapsed.The penalty of life imprisonment for elapsed.
Article 76: Prescription of the penalty of community serviceThe penalty of community service is subject to prescription after ten (10) years have elapsed.
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.
Article 78 : Prescription of accessory  penaltiesAccessory penalties are subject to prescription at the same time as principal penalties.
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 commences when he/she turns himself/herself in to the organs in charge of execution of court decisions.
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.
Article 81 : Suspension of the period of prescription of penaltiesThe period of prescription of a penalty is suspended whenever the execution of the
Article 82: Prescription of penalties for not subject to prescription.
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, negligence or any other form of carelessness.
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 commission of the offence is the same as or greater than that of  the principal offender.The  accomplice  may  be  prosecuted  even  if the criminal action cannot be instituted  against the offender due to reasons  particularly specific to the offender such as death, insanity or his/her being unidentified.However, when a person referred to in items 5 d), 5 e) and 5 f) of Article 2 of this Law is the offender’s spouse or relative up exempt him/her from the penalties prescribed for the accomplice.
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 criminally liable, even if such deprivation was not intended to commit an offence.
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 legitimate authority, unless such an act is evidently unlawful;l’infraction.3º a person commits an offence as a result of an error of law  or an error of fact if such an error  entirely removes the intention  to commit an offence;Grounds for exemption from criminal liability that are inherent to the act are  admitted if :1º a person acts in self -defence in the following cases:a) fending off a person who breaks into or enters by force or trickery  an inhabited place;b) defends him self/herself against thieves or other wrongdoers;2º a person commits the following acts:a) an act of self-defence in case of danger;b) an act of defending another person in danger;c) an act committed to interrupt the commission of an offence of damage to property  in order to protect the property.The exemption of criminal liability due to the grounds referred to under Paragraph 2 of this Article is only admitted if the means used by the offender to ensure self-defence or protect himself/herself or another person from danger or interrupt damage to t he property he/she protected are proportional to the gravity of the threat.
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 exemption from civil liability, if necessary.The provisions of Paragraph One and 2 of this Article do not apply in case of existence of grounds for exemption related to the act.
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 of representation;2º decision-making power;3º power of supervision.The criminal liability of public institutions, companies, cooperatives, public or private personality does not exclude the criminal liability of their representatives, those who hold leadership posts within them or their co-offenders and accomplices.
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.
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 responsibilities only cover acts that constituted the offence or those having given rise to the commission of the offence.Basing on the report of the representative referred to under Paragraph One of this
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 deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;4º imposing measures intended to prevent births within the group;5º forcibly transferring children of the group to another group.
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.
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 attempt to commit genocide;5º complicity in genocide.
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 other severe deprivation of physical liberty against a person in violation of law;6º torture;2º extermination;population;6º torture;aka 2°, aka 3°, aka 6°, aka 7°, aka 9° n’aka 7º rape, sexual slavery, enforced prostitution, sexual violence of comparable gravity;8º persecution against a person on political, ethnic, religious grounds or any other form of discrimination;9º enforced disappearance of persons;10º the crime of apartheid;11º other inhumane acts of a similar character intentionally causing great suffering or serious injury to mental or physical health.
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 Law is liable to the penalty of imprisonment for a term not less 10º crime d’apartheid;(25).2005:than twenty (20) years and not more  than twenty-five (25) years.When the acts constituting the crime against humanity provided under Paragraph 2 of this Article are accompanied by penalty is life imprisonment.
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 wilful killing;2º torture or inhuman treatment, including biological experiments;3º wilfully causing great suffering or serious injury to body or health;4º extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly such as buildings dedicated to religion, charity or education, historical buildings dedicated to works of art and science;5º compelling a prisoner of war or other protected person to serve in the forces of a hostile power, in its intelligence or administrative services;6º wilfully depriving a prisoner of war or other protected person of the right to regular and fair trial;7º  forced deportation, displacement of the civilian population or their transfer to or systematic detention in concentration or forced labour camps;8º taking of hostages and subjecting them to terrorist acts;9º intentionally launching an attack against the civilian   population or their property in the knowledge that such attack will cause incidental loss of life, injury to civilians or severe damage to civilian properties and which would be excessive in relation to the military advantage anticipated;10º perfidiously using emblems and distinctive other protective signs of persons or objects intention of killing, injuring or capturing the adversary;11º attacking by whatever means, non-12º practices of apartheid and other inhuman and degrading practices, based on racial discrimination, which give rise to outrages on human dignity;13º transfer of the population or its part into the territory occupied by a party to the conflict, its deportation within or outside the occupied territory while this is not in the interests of the population;14º any unjustifiable delay in the repatriation of war prisoners or civilian internees, after the end of active hostilities;15º passing of sentences and carrying out of pronounced by a regularly constituted court and without respecting the rights of the accused;16º intentionally killing or injuring a person  in the knowledge that he/she is not party to hostilities, or when he/she was fighting but that he/she had laid down his/her arms or can no longer defend himself/herself.
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 or soldiers;4° members of religious, medical and hospital personnel not directly involved in hostilities;5° war prisoners and civilian internees;aka 2°, aka 3°, aka 9°, aka 11° n’aka 16o;aka 10° n’aka 12o;15°.6° civilians and soldiers who have been deprived of their liberty for reasons related to the armed conflict;7° soldiers who are no longer able to fight for whatever reason.Civilians behaving as soldiers are not  protected under this Article.
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 and not more than fifteen (15) years, if h e/she  commits any of the acts referred to under items 6°, 7°, 8°, 10° and 12o;3º imprisonment for a term of not less than five (5) years and not more than ten (10) years, if he/she commits any of the crimes referred to under items 4°, 5°, 13°, 14° and 15°.
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 torture, forced prostitution and any form of indecent assault;5º enslavement and slave trade, slavery -like practices and forced labour in any form;6º  use of human shields;of the population;population;4°, aka 5°, aka 6°, aka 9° n’aka 10°;8º forcing civilians, including children to take part in hostilities or to perform works related to military service purposes;9º starving the civilian population and preventing humanitarian assistance from reaching such population;10º deliberately separating children from their parents or other persons in charge of their security and welfare;11º refusal to cater for the wounded, sick, shipwrecked persons and persons whose liberty has been restricted for reasons related to the armed conflict;12º mistreatment of prisoners or internees.
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 (10) years and not more than fifteen (15) years, if he/she has committed any of the acts referred to under items 3°, 8°, 11° and 12°;3º imprisonment for a term not less than five (5) years and not more than ten (10 ) years, if he/she has committed any of the acts referred to under items 2° and 7°.
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 liable to imprisonment for a term not less than fifteen (15) years and not more than twenty (20) years.When the methods and weapons used or ordered to be used result in the death, the penalty is a life imprisonment.
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 referred to under Paragraph One of this Article is liable to imprisonment for a term of not less than one (1)  year and not more than two (2) years and a fine of not less than five hundred thousand Rwandan francs
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 imprisonment for a term of not less than one (1) year and not more than two (2) years and a fine of not less than five hundred thousand Rwandan francs
Article 104: Crime of genocide and crime against humanity committed by private entities with legal personalityCompanies, cooperatives, private entities with legal personality which, by any means, support the crime of genocide and the crime against humanity referred to under Articles 91, 93 and 94  of this Law are liable to the to carry out their activities in Rwanda.Rwanda.
Article 105 : Criminal liability of a superior and a subordinateThe fact that the crime of genocide, crimes against humanity and war crimes  were committed by a subordinate does not relieve his/her superior of criminal liability if he/she knew or had reason to know that the subordinate was about to commit such crimes or had done so and the superior failed to take the necessary and reasonable measures to prevent such crimes or to punish the offender and inform relevant authorities.The fact that the accused committed a crime in the execution of an order of a Government or a superior does not relieve the accused of criminal liability if it was evident that the execution of the order would result in the commission of any of the offences referred to under Paragraph One of this Article.crime of genocide, crimes against humanity and war crimesThe crime of genocide, crimes against humanity and war crimes as well as penalties for these crimes are not subject to prescription.