WHAT YOU NEED TO KNOW......!!!!!

Know your rights by appreciating the criminal procedure practices in Rwanda from investigation, prosecution stage until court stage.

Practically, criminal process in Rwanda commences with reporting or filing a claim (an offence) with Rwanda Investigation Bureau (RIB). Rwanda Investigation Bureau (RIB) is an organ established by law Nº12/2017 of 07/04/2017 that stipulates its mission, powers, organization and functioning, RIB replaced judicial police in Rwanda and its supervised by the Ministry of Justice in Rwanda (Article 7 of Law Nº12/2017 of 07/04/2 017 Establishing The Rwanda Investigation Bureau and Determining Its Mission, Powers, Organisation and Functioning). In accomplishing its work, RIB works hand in hand with National Public Prosecution Authority during the investigation process with the goal of achieving justice.

Upon receiving an offence, RIB comprehends the criminal offender for a period of five days. Detention under custody of RIB/ Police is not absolute, depending on the gravity of the offenses committed by the suspect and other grounds or factors, RIB may undertake investigation when the suspect is free. (Article 66 of Law Nº 027/2019 of 19/09/2019 relating to the criminal procedure in Rwanda).

At the expiry of five days under the custody/detention of RIB/Police, the charge sheet/file/dossier is allocated and submitted to the prosecution in the area of jurisdiction to pursue the matter before a competent court. While preparing the case file and undertaking further investigation by the allocated prosecutor, the prosecutor may order for detention or release of the suspect. The prosecutor’s detention cannot exceed a period of five days. (Article 35 & article 66 of Law Nº 027/2019 of 19/09/2019 relating to the criminal procedure in Rwanda). This period is normally known as “transit period,” where the suspect is in process of being taken to prison or put in custody of Rwanda Correctional Service (RCS).

Prior to the adjudication of the case and at the expiry of five days of detention before the prosecutor, the prosecution may seize court for provisional detention of the suspect. Provisional detention is a quite confusing principle of law under the criminal justice system of Rwanda, the principle implies that a suspect is put under custody or detention of Rwanda Correctional Service (RCS) before adjudication of his or her case on merit in court. Provisional detention is not absolute, it is requested by the prosecutor and upon granting it, it cannot exceed 30 days, however it can be renewed. (Article 79 of Law Nº 027/2019 of 19/09/2019 relating to the criminal procedure in Rwanda). The renewal of provisional detention is continuous, however it is subject to the gravity of the offence and hence;

a. Provisional detention cannot be renewed for petty offences,

b. Provisional detention cannot be renewed for more than three months for a misdemeanour,

c. Provisional detention cannot be renewed for more than six months for felonies. This implies that these time limits expiries before the prosecution seizes court to adjudicate the case on merit and under such circumstances, the suspect is provisionally released.

When does the Prosecutor file a case on merit in court?

After the period of five days when the suspect is under the custody of the prosecutor (in transit), the prosecutor may either decide to file the case on merit to court when he or she is satisfied with the evidence at his or her disposal OR he or she may file for provisional detention such that he or she is given enough time to undertake investigation and collect supporting evidence.

The prosecutor has to submit a complete file to a competent court to adjudicate the case on merit. This implies that, prosecutor seizes the court when is fully convinced that he or she has all the necessary documents including evidences to the charges to prosecute the case on merit in court. (Article 92 of Law Nº 027/2019 of 19/09/2019 relating to the criminal procedure in Rwanda)

Provisional detention therefore provides the prosecutor with enough time to gather evidence and undertake enough investigation on the case before filing it to court on merit. This implies that the prosecutor may withdraw or discontinue the case upon satisfactory that there is no enough evidence/documents to incriminate the suspect. (Article 92 of Law Nº 027/2019 of 19/09/2019 relating to the criminal procedure in Rwanda).

The content of this Article is intended to provide a general guide on the subject matter. Specialized legal advice should be sought about your specific circumstances and legal issues.