Penal Code

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ORGANIC LAW N° 01/2012/OL OF 02/05/2012 INSTITUTING THE PENAL CODE

We, KAGAME Paul, President of the Republic;

THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING ORGANIC LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA

THE PARLIAMENT:

The Chamber of Deputies, in its session of 04 April 2012;   The Senate, in its session of 04 April   2012;

Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 9, 11, 13, 15, 16, 17, 18, 20, 21, 22, 23, 28, 29, 32, 33, 34, 46, 48, 49, 62, 66, 67, 88, 89, 90, 92, 93, 95, 108,113 and 201;

Pursuant to the Geneva Conventions of 12 August 1949 relating to International Humanitarian Law ratified by Rwanda on 05 May 1964 and their Additional Protocols I and II of 08 June 1977 ratified by Rwanda on 15 October 1984 and 15 November 1984 respectively;

Having reviewed Organic Law n° 16/2003 of 27/06/2003 governing political organizations and politicians as modified and complemented to date, especially in Article 46;

Having reviewed Organic Law n° 04/2005 of 08/04/2005 determining the modalities of protection, conservation and promotion of environment in Rwanda, especially in Articles 85, 86, 87, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 and 109;

Having reviewed Organic Law n° 08/2005 of 14/07/2005 determining the use and management of land in Rwanda, especially in Articles 83, 84 and 85;

Having reviewed Organic Law n° 61/2008 of 10/09/2008 on the leadership code of conduct, especially in Articles 22, 23, 24, 25, 26, 27, 28, 29 and 30;

Having reviewed Law n° 33/91 of 05/08/1991 relating to public demonstrations and meetings, especially in Article 9;

Having reviewed Law n° 47/2001 of 18 December 2001 instituting punishment for offences of discrimination and sectarianism, especially in Articles 5, 6, 7, 8, 9, 10, 11, 12 and 13;

Having reviewed   Law   n° 14/2003 of 23/05/2003 on production, quality control and commercialization of plant quality seeds, especially in Articles 14, 15 and 16;

Having reviewed Law n° 23/2003 of 07 August 2003 related to the prevention and the punishment of corruption and related offences, especially in Articles 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 38, 39, 40 and 41;

Having reviewed Law n° 25/2005 of 04/12/2005 on tax procedures as modified and complemented to date, especially in Articles 64 and 65;

Having reviewed Law n° 12/2007 of 27/03/2007 on public procurement, especially in Articles 176 and 178;

Having reviewed Law n° 50/2007 of 18/09/2007 providing for the establishment, organization and functioning of cooperative organizations in Rwanda as modified and complemented to date, especially in Articles 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127 and 128;

Having reviewed Law n° 14/2008 of 04/06/2008 governing registration of the population and issuance of the national identity card, especially in Articles 12 and 13;

Having reviewed Law n° 18/2008 of

23/07/2008 relating to the punishment of the crime of genocide ideology, especially in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13;

Having reviewed Law n° 19/2008 of 14/07/2008 on characteristics and ceremonies of the national anthem, especially in Article 8;

Having reviewed Law n° 34/2008 of 08/08/2008 on characteristics, ceremonial and respect of the National flag of the Republic of Rwanda, especially in Articles 29 and 30;

Having reviewed Law n° 37/2008 of 11/08/2008 on mining and quarry exploitation, especially in Articles 102, 103, 104, 105, 106, 107,   108 , 109, 110 and 111;

Having reviewed Law n° 45/2008 of 09/09/ 2008 on counter terrorism, especially in Articles 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 86, 87, 88, 89, 90 , 91, 92, 96, 97, 98, 99, 100, 101, 102 and 103;

Having reviewed Law n° 47/2008 of 09 /09/2008 on prevention and penalising the crime of money laundering and financing terrorism, especially in Articles 4, 48, 49, 50, 51, 52, 53, 57, 58, 59 and 61;

Having reviewed Law n° 54/2008 of 10/09/2008 determining the prevention and fight against contagious diseases for domestic animals in Rwanda, especially in Article 159;

Having reviewed Law n° 56/2008 of 10/09/2008 governing memorial sites and cemeteries of victims of the genocide against the Tutsi in Rwanda, especially in Articles 21, 22, 23 and 24;

Having reviewed Law n° 57/2008 of 10/09/2008 relating to the prohibition of manufacturing, importation, use and sale of polythene bags in Rwanda, especially in Article 7;

Having reviewed Law n° 58/2008 of 10/09/2008 determining the organization and management of aquaculture and fishing in Rwanda, especially in Articles 29, 30, 31, 32 and 33;

Having reviewed Law n° 59/2008 of 10 September 2008 on prevention and punishment of Gender based violence, especially in Articles 2, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35 and 36;

Having reviewed Law n° 62/2008 of 10/09/2008 putting in place the use, conservation, protection and management of water resources regulations, especially in Articles 83, 84, 85, 86, 87, 88 and 89;

Having reviewed Law n° 07/2009 of 27/04/2009 relating to companies as modified and complemented to date, especially in Articles 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371 and 373;

Having reviewed Law n° 13/2009 of 27/05/2009 regulating labour in Rwanda, especially in Article 167;

Having reviewed Law n° 22/2009 of 12/08/2009 on media, especially in Articles 73, 74, 75, 76, 77, 78, 79,   80, 81, 82, 83 and 88;

Having reviewed Law n° 31/2009 of 26/10/2009 on the protection of intellectual property, especially in Articles 261, 263 and 264;

Having reviewed Law n° 33/2009 of 18/11/2009 relating to arms, especially in Articles 65, 66, 67, 68, 69 and 70;

Having reviewed Law n° 03/2010 of 26/02/2010 concerning payment system, especially in Article 24;

Having reviewed Law n° 04/2010 of 16/04/2010 regulating therapeutic educational and scientific utilisation of organs and products of the human body especially in Articles 17, 18, 19, 20 and 21;

Having reviewed Law n° 18/2010 of 12/5/2010 relating to electronic messages, electronic signatures and electronic transactions especially in Articles 58, 59, 60, 61, 62, 63, 64 and 65;

Having reviewed Law n° 27/2010 of 19/06/2010 relating to elections, as modified and complemented to date, especially in Articles 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and 203;

Having reviewed Law n° 01/2011 of 10/02/2011 regulating capital market in Rwanda, especially in Articles 64, 65, 66, 67, 68, 69, 70, 71 and 72;

Having reviewed Law n° 04/2011 of 21/03/2011 on immigration and emigration in Rwanda, especially in Articles 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 49;

Having reviewed Law n° 21/2011 of 23/06/2011 governing electricity in Rwanda especially in Articles 50 and 51;

Having reviewed Law n° 33 bis/2003 of 06/09/2003 punishing the crime of genocide, crimes against humanity and war crimes;

Having reviewed Decree -Law n° 21/77 of 18/08/1977 instituting the Penal Code as modified and complemented to date;

ADOPTS:

PART ONE: OFFENCES AND PENALTIES IN GENERAL

TITLE ONE: GENERAL PRINCIPLES

CHAPTER ONE: PRELIMINARY PROVISIONS

Article One: Purpose of this Organic Law

This Organic Law sets out offences and provide for penalties applicable to offenders, co-offenders and accomplices.

Article 2: Offence

An offence is an act prohibited or an omission which manifests itself as a breachof the public order and which the law sanctions by a punishment.

Article 3: No punishment without law

A person shall not be punished on account of an act or omission that did not constitute an offence at the time of commission under national or international law.

A person shall not be penalized for a heavier penalty than that which was provided for by law at the time the offence was committed.

An offence shall not be punishable by penalties which were not provided for by the law published before its commission.

Article 4: Interpretation of criminal laws

Criminal laws shall not be interpreted to extensively, they must be construed strictly.

Courts are not allowed to pronounce sentences by analogy.

Article 5: Law applied in case of several laws applicable to the same offence

When several laws punish the same offence, the specific law shall take precedence over the general law, unless the law provides otherwise.

Article 6: Prohibition of double jeopardy

A person shall not be punished twice for the same offence.

CHAPTER II: APPLICATION OF A CRIMINAL LAW

Article 7: When the law ceases to be applicable

The law ceases to be applicable to offences committed during its validity when it is repealed before the handing down of the final judgment in relation to such offences, unless the new law provides otherwise.

Article 8: Conflict of two criminal laws

In case of conflict of two criminal laws including the old one under which the offence was committed and the new one enacted after the offence was committed but before the final judgment is delivered, the new law shall be applied, if it provides for a lesser penalty.

Article 9: Punishment of an offence   committed on the Rwandan territory

Any offence committed on the Rwandan territory by either a Rwandan or a foreigner shall be punished by the Rwandan Law, except in cases of diplomatic immunity guaranteed by international conventions ratified by Rwanda or international customs.

Article 10: Rwandan territory

The Rwandan territory refers to the land, rivers, lakes and air space within the boundaries of the Republic of Rwanda and Rwandan Embassies in other countries.

Article 11: Offence committed on the Rwandan territory

An offence shall be deemed to have been committed on the Rwandan territory if   an act satisfies one of its constituent elements namely the mens rea, actus reus and legal element was accomplished in Rwanda.

An offence shall also be deemed to have been committed on the Rwandan territory if it is

committed by or against a Rwandan citizen in an area which does not fall under the sovereignty of any State or committed by any person on board a vessel flying the flag of Rwanda and in waters which do not fall under the sovereignty of any State or on board a Rwanda-registered aircraft in the territory which is not under the sovereignty of any State.

Article 12: Punishment of an accomplice of an offence committed abroad

Any person, within the Rwandan territory, who is an accomplice of a felony or misdemeanour committed abroad, may be prosecuted and tried by the Rwandan courts if the act is punishable by both foreign and Rwandan Law.

Article 13: Punishment of a Rwandan who has committed an offence outside Rwandan territory

A Rwandan who commits a felony or a misdemeanour, outside Rwandan territory, may be prosecuted and tried by Rwandan courts in accordance with the Rwandan Law as if the offence had been committed on the Rwandan territory if such an offence is punishable by Rwandan Law.

Article 14: Assessment of Rwandan nationality

The Rwandan referred to under Articles 9, 11 and 13 of this Organic Law is the one who had a Rwandan nationality at the time of the commission of the offence.

Article 15: International crime and cross- border crime

For the purposes of this Organic Law:

An international crime means any crime characterized as such by International Conventions.   A cross- border crime means a crime for which one of its constituent elements is accomplished outside Rwanda‟s borders.

Article 16: Punishment of an international crime and cross- border crime

Any person, whether Rwandan or foreigner, a Rwandan or foreign non-governmental organization or association, that commits, inside or outside the Rwandan territory, or cross-border crimes may, if apprehended on the territory of the Republic of Rwanda, be prosecuted and tried by Rwandan Courts in accordance with Rwandan laws as if any of the following crimes had been committed in Rwanda :

1° terrorism;

2° hostage-taking;

3° piracy;

4° drug trafficking;

5° illicit manufacturing and trafficking in arms;

6° money laundering;

7° cross-border theft of vehicles with the intent of selling them abroad;

8° information and communication technology related offences;

9° trafficking in human beings especially children;

10° slavery and torture;

11° cruel, inhuman or degrading treatment;

12° genocide, crimes against humanity and war crimes;

13° genocide denial or revisionism;

14° encouraging, mobilizing, assisting, facilitating or participating in any other manner, whether directly or indirectly, in the commission of any of the offences specified in this Article or any other related offences.

Article 17: Prosecution of a felony or a misdemeanour committed abroad

The prosecution of a felony or misdemeanour committed abroad may only be instituted at the request of the Public Prosecution or any other interested persons.

Prosecution may not be instituted if the accused proves that he/she has been the subject of a final judgment delivered abroad and, in the event of conviction, that he/she served his/her sentence or was granted a pardon.

Article 18: Extradition

Extradition shall be governed by the Rwandan law or by international conventions ratified by Rwanda.

Extradition shall be permitted only when the act giving rise to the request is considered as a crime by the Rwandan and foreign Law.

Extradition shall be permitted if there is a convention on extradition concluded between Rwanda and the country requesting extradition.

Extradition shall not be granted for political offences or if it is requested on political grounds.

Article 19: Extradition of a Rwandan national

Extradition of a Rwandan national shall not be permitted.

The nationality shall be assessed at the time of commission of the offence for which extradition is requested.

Article 20: Foreign criminal judgment

A foreign criminal judgment which has become final may be enforced in Rwanda with regard to penalties, at the request of the Public Prosecution.

A foreign criminal judgment may also be enforced upon request of the victim of the offence if it includes civil damages whose execution must take place on the territory of the Republic of Rwanda.

TITLE II: CATEGORIES OF OFFENCES, CONSPIRACY AND ATTEMPT

CHAPTER ONE: CATEGORIES OF OFFENCES

Article 21: Classification of offences

Offences are classified according to their gravity as follows:

  1. felonies;
  2. misdemeanours;
  3. petty offences.

 

 

Article 22: Felony

A felony is an offence punishable under the law by a main penalty of an imprisonment of more than five (5) years.

Article 23: Misdemeanour

A misdemeanour is an offence punishable under the law by a main penalty of an imprisonment of six (6) months to five (5) years.

Article 24: Petty offence

A petty offence is an offense punishable under the law by a main penalty of an imprisonment of less than six (6) months or punishable by a fine only.

Offences against laws, orders, public service and security regulations in respect of which the law does not provide for specific sentences are also petty offences.

CHAPTER II: CONSPIRACY AND ATTEMPT

Section One: Conspiracy

Article 25: Definition of conspiracy

Conspiracy is an agreement between two or more persons to engage in the commission of an offence by one or more of them.

Article 26: Punishment of conspiracy

Conspiracy to commit a felony or a misdemeanour is considered an attempt to commit the felony or the misdemeanour which was the subject of conspiracy.

Section 2: Attempt

Article 27: Punishable attempt

An attempt is punishable when the plan to commit an offence has been demonstrated by observable and unequivocal acts constituting the beginning of the offence meant to enable the commission   and that were suspended or failed in their purpose only because of circumstances beyond the offender‟s control.

Article 28: Punishable attempt when the objective is not achieved

An attempt shall be punishable even if the objective is not achieved on account of a circumstance unknown to the offender.

Article 29: Voluntarily withdraw of the intention to commit an offence

If a person who attempts to commit an offence voluntarily withdraws the intention to commit an act, he/she may be punished only if the acts already committed constitute an offence.

Article 30: Attempt to commit felonies, misdemeanours and petty offences

An attempt to commit a felony or a misdemeanour shall be regarded as a felony or a misdemeanour.

However, the judge may reduce penalties for the attempt according to the circumstances in which the attempt occurred.

An attempt to commit petty offences shall not be punishable.

TITLE III: PENALTIES IN GENERAL

CHAPTER ONE: DIFFERENT CATEGORIES OF PENALITIES

Section One: Penalties applicable to natural persons

Article 31: Categories of penalties applicable to natural persons

The main penalties applicable to natural persons shall be :

1° imprisonment;

2° fine;

3° community service as alternative penalty to imprisonment.

Additional penalties applicable to natural persons shall be:

1°   special confiscation;

2° ban on entry into a place or restriction of movements;

3° placement under the Government custody;

4° loss of civic rights;

5° publication of the penalty pronounced in the Official Gazette of the Republic of Rwanda and through any other means of media.

Section 2: Punishment of State institutions , public or private companies, enterprises, associations or organizations with legal personality

Article 32: Penalties applicable to State institutions, public or private companies, enterprises, associations or organizations with legal personality

Penalties applicable to State institutions, public or private companies, enterprises, associations or organizations with legal personality shall be the following:

1° dissolution;

2° fine;

3° temporary prohibition or for a long time from carrying out one or several professional or social activities;

4° temporary prohibition or for a long time from carrying out one or several activities in a specific zone;

5° permanent closure of the enterprises in which criminal acts were committed or which were used to commit such acts;

6° exclusion from public procurement, on a permanent basis or for a period not exceeding five (5) years;

7° prohibition to issue a check, a credit card or a negotiable instrument;

8° confiscation of the object which was used in or intended for use in committing the offence or was the product of the offence;

9° placement under judicial supervision;

10° Publication of the decision by any media.

However, penalties provided under items 1°, 3, ° 5°, 6°, 7° and 9° of this Article shall not be applicable to State organs and institutions.

Article 33: Criminal liability of State institutions, public or private companies, enterprises, associations or organizations with legal personality

State institutions, public or private companies, enterprises, associations or organizations with legal personality shall be held liable for offences provided under this Organic Law, if they are committed by their representatives or by those who hold leadership positions while they are acting for the benefit of these legal persons on the basis of :

1° power of representation; 2° power to take decisions; 3° power of supervision.

The criminal liability of State institutions, public or private companies, enterprises, organizations or associations with legal personality under Paragraph One of this Article shall not exclude criminal proceedings against their representatives or their accomplices.

Article 34: Imposition of penalties applicable to State institutions, public or private companies, enterprises, associations or organizations with legal personality

In the event of criminal liability of State institutions, public or private companies, enterprises, associations or organizations with legal personality, the court shall pronounce some of the penalties provided under Article 32 of this Organic Law as appropriate.

Article 35: Fine applicable to State institutions, public or private companies, enterprises, associations or organizations with legal personality

The fine applicable to State institutions, public or private companies, enterprises, associations or organizations with legal personality shall be twice (2) the amount of fine imposed on natural persons.

Article 36: Decision of dissolution of a private company, enterprise, association or organization with legal personality

The decision of dissolution of a private company, enterprise, association or organization with legal personality shall be transmitted to the competent authority to proceed with the liquidation.

Article 37: Decision of placement under judicial supervision

The Court decision of placing a private company, enterprise, association or organization with legal personality under judicial supervision shall include the appointment, at their expense, of a representative whose duties are specified by the court. Such duties shall only cover activities which were conducted or which gave rise to the commission of the offence.

Every six (6) months, the representative shall submit to the judge who made   the decision a report on the situation. On receipt of this report, the judge may impose a new sentence or decide to lift the decision which had been made upon request by the Public Prosecution.

CHAPTER II : SPECIAL PROVISIONS FOR SOME PENALTIES

Section One: Penalty of imprisonment

Article 38: Modalities of execution of the penalty of imprisonment

The penalty of imprisonment may be served under ordinary conditions or through special provisions.

Article 39: Penalty of life imprisonment and that of life imprisonment with special provisions

Life imprisonment means that a person will spend the rest of his/her life in prison.

The penalty of life imprisonment with special provisions is imprisonment which shall prevent a convicted person from being entitled to any kind of mercy, conditional release or the rehabilitation unless he/she has served at least twenty (20) years of imprisonment.

A law shall provide for the mode of enforcement and execution of life imprisonment with special provisions.

Article 40: Fixed-term imprisonment

Fixed-term imprisonment is not less than one (1) day and not more than twenty-five (25) years, except in cases of recidivism or in other cases where the law provides for other ranges of penalties.

Fixed-term imprisonment shall be calculated on the basis of days, months and years in the Gregorian calendar like all other temporary penalties.

An imprisonment of one (1) day is equal to twenty four (24) hours. One-month imprisonment is equal to thirty (30) days. One-year imprisonment is equal to twelve (12) months.

The term of an imprisonment shall be calculated from the day the judgment has become final.

The length of pre-trial detention and that of illegal detention as well as the period during which the convicted person was subject to an administrative sanction involving deprivation of liberty ordered by competent authorities   shall be fully deducted from the duration of the penalty imposed.

However, the period during which the convicted person voluntarily evaded the enforcement of the penalty shall not be included in the calculation of the enforcement of fixed-term penalty.

When a person is sentenced to two successive penalties of imprisonment, the second imprisonment shall start from the expiry date of the first one.

Section 2: Penalty of fine

Article 41: Amount of fine

A fine is at least one (1) Rwandan franc which shall be levied for the benefit of the State.

Article 42: Imposition of a fine

A fine is imposed individually against each of the convicted persons, having regard to the gravity of the offence and the convicted person‟s situation.

The fine shall lapse upon the death of the convicted person or the dissolution of the company, enterprise, association or organization with legal personality.

Article 43: Duration for payment of a fine

The court shall determine the duration for payment of a fine. Such duration shall not exceed six (6) months from the day the judgment is final.

The Court may order that the fine be paid in installments.

Article 44: Insufficient property of the convicted to pay

When the convicted person‟s property is insufficient for the payment of the fine, restitutions and damages, the amount recovered shall be used by giving precedence to the payment of restitutions and damages.

Article 45: Joint liability of convicted persons for the payment of a fine, restitutions, damages and court fees

All persons convicted of the same offence shall be jointly liable for the payment of the fine, restitutions,   damages and court fees.

However, the Court may, by a justified decision, relieve some of the convicts, either wholly or partially, from the joint liability.

Article 46: Restitution of embezzled, stolen, fraudulently obtained property or undue payment under a contract

In any criminal case in which a sentence of imprisonment or a fine is pronounced, the judge shall order the restitution of embezzled, stolen, fraudulently obtained property or undue payment under a contract.

Section 3: Community service as alternative penalty to imprisonment

Article 47: Imposition of community service as alternative penalty to imprisonment

When an offence is punishable by a term of imprisonment of six (6) months to five (5) years, the Court may order that the convict serve half (1/2) of the term of his/her sentence in performing community service as alternative penalty to imprisonment.

When an offence is punishable by imprisonment of less than six (6) months, the Court may order that the convict carry out community service as alternative penalty to imprisonment for a period that the Court determines but which does not exceed the maximum term of imprisonment provided by law for such an offence.

In case of failure by the convict to appropriately carry out community service as alternative penalty to imprisonment, he/she shall be forced to serve his/her remaining penalty in prison.

Article 48: Community service as alternative penalty to imprisonment in case of a convict’s failure to comply with court orders

When the Court orders a convicted person to pay a fine, Court fees or to effect any payment into the Public Treasury, restitutions or pay damages for the benefit of the party to civil case, it shall determine the duration of community service as alternative penalty to imprisonment to be imposed in case the convict would be unable to comply with the judgment imposed against him/her by the Court.

Community service as alternative penalty to imprisonment against an individual or a representative of an entity, an association or an organization with legal personality or against a debtor to compel him/her to pay his/her debt shall not exceed two (2) years.

When a convicted person has completed community service as alternative penalty to imprisonment, he/she shall not be relieved of other obligations imposed by the Court.

A convicted person shall be relieved from community service as alternative penalty to imprisonment if he/she effects imposed payments.

Article 49: Community service as alternative penalty to imprisonment in case of failure to pay the whole debt

When the debt arising from an offence is not paid in whole, community service as alternative penalty to imprisonment may be imposed proportionally to the remaining amounts upon request by the Public Prosecution.

Article 50: Modalities for the execution of community service as alternative penalty to imprisonment

Modalities for the execution of community service as alternative penalty to imprisonment shall be determined by a Presidential Order.

Section 4: Confiscation

Article 51: Special confiscation

When a felony or a misdemeanour is committed, the special confiscation of items constituting the object of the offence, items which were used or intended to be used to commit the offence or were the proceeds, shall be an additional to the main penalty when such items belong to the convict.

If the items referred to under Paragraph One of this Article do not belong to the convict, and if the offence committed is a petty offence, the confiscation shall be ordered only in cases provided for by law.

If the confiscation of such items is impossible, the confiscation shall be   extended to other items of the property of the convict proportionately to the value of the items to be confiscated.

Article 52: Prohibition of the confiscation of entire property

The confiscation of all the present and future property of the convict is prohibited.

Article 53: Administration of confiscated property

The confiscated property shall devolve to the State.

Modalities for the administration of confiscated property shall be determined by an Order of the Minister in charge of Justice.

Section 5: Ban on entry into a place and restriction of movement

Article 54: Definitions of terms

A ban on entry into a place shall consist of an order prohibiting a convict from certain places.

Restriction of movement shall consist in an obligation for a convict to reside in certain places.

The duration of ban on entry into a place and that of restriction of movement shall be   six (6) months to five (5) years.

Article 55: Persons who can be subject to the ban on entry into a place or restriction of movement

The ban on entry into a place or restriction of movement may, except where expressly provided otherwise by law, be ordered against:

1° any person sentenced to a term of imprisonment of more than one (1) year;

2° any person who, after being sentenced to a term of imprisonment of at least six (6) months, is sentenced again to a term of imprisonment of at least six (6) months within a period of five (5) years after completion of the first sentence or its prescription.

Article 56: Calculation of the duration of the ban on entry into a place or restriction of movement

The sentence of ban on entry into a place or restriction of movement shall commence on the date the convict has completed his/her imprisonment penalty.

If the convict is released on parole, the sentence of ban on entry into a place or restriction of movement shall commence on the day of release.

The convict‟s return to prison, for any reason whatsoever, does not entail an extension of the duration of the penalties provided under paragraph 2 of this Article.

Article 57: Modalities for the execution of the penalty of ban on entry into a place or restriction of movement

Modalities for the execution of the penalty of ban on entry into a place or restriction of movement shall be determined by an Order of the Minister in charge of Justice.

Section 6: Placement under the Government custody

Article 58: Definition of placement under the Government custody

The placement under the Government custody is an additional penalty intended to protect the Rwandan society against the acts of persistent offenders and offer an opportunity to change their behaviour and to reintegrate into society.

Article 59: Duration of placement under the Government custody

Any person who commits a subsequent   offence when he/she had previously been sentenced thrice (3) to a term of imprisonment of at least six (6) months within five (5) years, shall be placed under the Government custody for a period of five (5) to ten (10) years from the date of completion of the last imprisonment.

Article 60: Imposition of the penalty of placement under the Government custody and modalities for its execution

The additional penalty of placement under the Government custody shall be pronounced by the Court imposing the third main penalty.

However, the Court pronouncing the judgment shall not be bound to impose the additional penalty   even if the conditions of recidivism are met. The Court shall decide at its sole discretion whether to impose an additional penalty together with the main penalty.

All copies of judgments related to the previous convictions against the person, shall be attached to the file pertaining to the new criminal action.

The penalty of placement under the Government custody shall be served in a prison for the purpose of rehabilitation.

Article 61: Decision to place a convict under the Government custody

The Court decision of placement under the Government custody must give reasons. It must state that each judgment which served as a basis for the penalty had become final when the subsequent crime was committed, if not it shall be null and void.

Article 62: Placement under the Government custody by two successive decisions

When a convict is placed under the Government custody by two (2) successive decisions, the second (2) placement at the Government custody shall commence on the date of completion of the first placement.

Article 63: Execution of the main penalty of imprisonment and that of placement under the Government custody

A convict subject to the penalty of placement under the Government custody shall, upon completion of the main penalty, remain in prison.

Article 64: Release on parole and suspension of the sentence of placement under the Government custody

When the convict is granted a release on parole for the penalty of imprisonment, the penalty of placement under the Government custody shall be   executed immediately.

The penalty of placement under the

Government custody is suspended in case of revocation of the release on parole which the convict had been previously granted.

The same applies to a convict if he/she is arrested and detained following a court decision due to a new offence, even if subject to a pre-trial detention.

Article 65: Application for revocation of placement under the Government custody

A convict placed under the Government custody may at any time, apply for the revocation of such a penalty. The application shall be addressed to the Court which pronounced the final judgment, which, in turn, shall notify the Prosecutor of the same level.

The Court decides on the application and delivers a justified decision, after hearing from both the Public Prosecution and the convict.

If the application is rejected, the convicted person must wait until a period of one (1) year expires before lodging a new application.

Section 7: Loss of civic rights

Article 66: Definition of loss of civic rights

The loss of civic rights shall consist of:

1° removal or expulsion from any public employment;

2° deprivation of the right to vote, the right to stand for election, to be elected and in general deprivation of all civic and political rights and of the right to national medals;

3° inability to act as an expert witness, a witness to deeds and to testify in court other than to provide simple information;

4° inability to be a family council member, a guardian, a receiver, a supervisory guardian or a courtappointed guardian for persons with limited mental capacity , except for his/her own children;

5° deprivation of the right to possess arms, the right to serve in the army, the right to be a police officer or a security officer, the right to be a leader, the right to be a teacher or a supervisor in a school, the right to be a medical practitioner, the right to be a judge, a prosecutor or a lawyer;

6° deprivation of the right to hold a driving licence;

7° prohibition to issue a cheque, a credit card or a negotiable instrument ;

8° exclusion from public procurement;

9° prohibition to engage in transactions with banks and microfinance institutions;

10° deprivation of the right to go abroad;

11° deprivation of the right to practice other professions as may be specified in the judgment.

Article 67 : Determining the penalty of loss of civic rights

A person shall not lose all the civic rights except in case of a penalty of life imprisonment.

The loss of civic rights shall not exceed a period of twenty (20) years except for those sentenced to life imprisonment.

The loss of civic rights may be suspended, lifted or reduced   under the same conditions as for the imprisonment penalty.

The loss of civic rights of a convict may be lifted if he/she has performed an exceptional act of good citizenship or highly dedicated himself/herself to the promotion of social development.

Article 68: Loss of civic rights for a convict to life imprisonment or life imprisonment with special provisions

The penalty of life imprisonment or life imprisonment with special provisions entails the permanent loss of all civic rights as provided under Article 66 of this Organic Law.

Article 69: Common provision

The loss of civic rights and the publication of the penalty imposed may be pronounced in addition to the main penalty of imprisonment equal to or exceeding five (5) years.

CHAPTER III: DETERMINING PENALTIES

Section One: General principles

Article 70: Compliance with the law during judgment

The Court shall passe judgment in accordance with the provisions of law and must state the reasons for its decision.

Article 71: Factors taken into account by the judge in determining a penalty

The judge shall determine a penalty according to the gravity of the offence taking into account offender’s motives, history and background, circumstances surrounding the commission of the offence and individual circumstances.

Section 2: Mitigating excuses

Sub-section One: Minority

Article 72: An offender or an accomplice of an offence aged at least fourteen (14)but less than eighteen (18) years

When an offender or an accomplice is aged at least fourteen (14)but less than   eighteen (18 ) years at the time of commission of an offence and if the sentencing appears necessary, the following penalties shall apply:

1° if he/she would be subjected to a life imprisonment or life imprisonment with special provisions, he/she shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years;

2° if he/she would be subjected to a fixed-term imprisonment or a fine, he/ she shall be liable to penalties not exceeding half (1/2) of the penalties he/she would receive if he/she was aged eighteen (18) years.

Sub-section 2: Provocation

Article 73: Penalties in case of provocation

Penalties shall be reduced for offences committed under provocation

Article 74: Judgment in case of provocation

In case of provocation, the   judge shall state elements that constitute provocation by the victim and which mitigate the gravity of the offence.

Article 75: Reduction of a penalty when provocation is proven

If provocation of the offender is proven, the reduction of penalties shall be as follows:

1° in case of a felony punishable by life imprisonment or life imprisonment with special provisions, the penalty shall be reduced to imprisonment of two (2) years to five (5) years;

2° in case of a felony punishable by imprisonment of more than five (5) years to twenty five (25) years, the penalty shall be reduced to imprisonment of six (6) months to two (2) years;

3° in case of a misdemeanour punishable by imprisonment of six (6) months to five (5) years, the penalty shall be reduced to imprisonment of at least eight (8) days but less than six (6) months;

4° in case of a petty offence punishable by an imprisonment of less than six (6) months or by only fine, the penalty shall be transformed into community service as an alternative penalty to imprisonment of eight (8) days to two (2) months.

Section 3: Mitigating circumstances

Article 76: Consideration of mitigating circumstances

The judge may consider the appropriateness of mitigating circumstances which preceded, accompanied or followed an offence.

The decision to accept mitigating circumstances must be justified.

Article 77: Some mitigating circumstances

The judge may among others reduce penalties   when:

1° 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 expected;

2° the accused reports him/herself to a competent Court before or during the pre-trial proceedings;

3° at the outset of the trial in the first instance, the accused pleads guilty by a sincere confession;

4° the offence has minor consequences.

Article 78: Modalities for reduction of penalties in cases of mitigating circumstances

If there are mitigating circumstances, the reduction of penalties shall be as follows:

1° life imprisonment or life imprisonment with special provisions is replaced by a penalty of imprisonment of not less than ten (10) years;

2° a penalty of imprisonment of ten (10) years to twenty five (25) years may be reduced up to a term of imprisonment of five (5) years;

3° a penalty of imprisonment of more than five (5) years, but less than ten (10) years may be reduced up to a term of imprisonment of one (1) year;

4° a penalty of imprisonment of six (6) months to five (5) years may be reduced up to a term of imprisonment of two (2) months;

5° a penalty of imprisonment of less than six (6) months may be suspended.

In all of these cases, a fine not exceeding five hundred thousand (500,000) Rwandan francs, the loss of civic rights, the   ban on entry into a place or restriction of movement may be added to the penalty of imprisonment.

Section 4: Recidivism

Article 79: Definition of recidivism

For the purposes of this Organic Law, recidivism occurs when a person who was previously sentenced to imprisonment of at least six (6) months, commits another felony or misdemeanour within a period of five (5) years after completion of the penalty.

In case of recidivism, the convict shall receive the maximum penalty provided by law and the penalty may be doubled.

Article 80: No recidivism in case of amnesty or rehabilitation

If the convict has been rehabilitated or the penalty pronounced for the first offence has been removed by amnesty, there shall not be recidivism.

Article 81: Recidivism in case of offences punishable by different category of criminal laws

Any person sentenced for a military offence who subsequently commits a felony or a crime punishable by ordinary laws shall not be liable to penalties applicable in the event of recidivism.

Article 82: Combination of aggravating, excusable, recidivism and mitigating circumstances

In the event of combination of aggravating, excusable, recidivism and mitigating circumstances, Courts shall apply the penalty taking into account these factors in the order set out under this Article.

Section 5: Concurrence of offences

Article 83: Definitions of terms

1° concurrence of offences: a situation where the same person commits several offences before being finally convicted for one of them;

2° ideal concurrence: ideal concurrence of offences occurs when:

  1. a single act may constitute several offences;
  2. an act comprises acts which, by comprising separate offences, are related among themselves as they arise from a single criminal intent or some of them constitute aggravating circumstances of others.

3° real concurrence: real concurrence occurs when acts which are separate have followed one after the other and are regarded as independent offences.

Article 84: Penalties in case of concurrence of offences

If an offender would receive several penalties of imprisonment or fine as a result of one or several acts, the judge shall apply the most severe penalty and increase its duration or the amount depending on the circumstances of the offences, but not exceeding half (1/2) in addition to the maximum of the most severe penalty.

Any additional penalty shall be applied even if it is only provided for one of the concurrent offences.

The most severe penalty shall be the one whose maximum range is the highest.

When two (2) penalties have the same maximum range, the most severe penalty shall be the one with the higher minimum range.

When two penalties have the same maximum and minimum range, the most severe penalty is that one accompanied by a fine.

A fine shall always be less severe than an imprisonment penalty.

Section 6: Suspension of sentence

Article 85: Definition of suspension of penalty

For the purposes of this Organic Law, the suspension of penalty is a judge‟s decision to order the stay of execution of a penalty of imprisonment not exceeding five (5) years if the convict has not been previously sentenced to imprisonment or to   community service as an alternative penalty to imprisonment of more than six (6) months as a result of a final judgment.

The judge‟s decision to order the suspension of sentence must be justified and contained in the same judgment as that of the offence he/she adjudicates. Such a decision may order the suspension of execution of all or part of the main or additional penalties.

Article 86: Suspended penalties

A suspended penalty shall be considered to be 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 sentence has become final.

Otherwise, the penalties which were suspended and those which have been subsequently imposed shall be combined and executed at the same time.

Article 87: Suspension of a penalty

The suspension of a penalty shall not entail exemption from payment of the costs of proceedings and damages and from the loss of civic rights as a result of the sentence. However, the loss of civic rights shall cease to have effect on the date the penalty is considered to be void in accordance with Article 86 of this Organic Law.

CHAPTER IV: PRESCRIPTION OF PENALTIES

Article 88: Definition of prescription of penalties

For the purposes of this Organic Law, prescription means the period of time upon expiration of which a penalty can no longer be executed.

Article 89: Prescription of fines

A fine not exceeding five hundred thousand (500,000) Rwandan francs shall be   prescribed after two (2) years have elapsed while a fine exceeding five hundred thousand (500,000) Rwandan francs shall   prescribed after ten (10) years have elapsed.

Article 90: Prescription of imprisonment penalties

The penalty of imprisonment of less than six (6) months shall be prescribed after two (2) years have elapsed.

The penalty of imprisonment of six (6) months to five years (5) shall be   prescribed after ten (10) years have elapsed.

The penalty of imprisonment of more than five (5) years except life imprisonment shall be prescribed after twenty (20) years have elapsed.

Life imprisonment and life imprisonment with special provisions for the prescribed offences shall be prescribed after thirty (30) years.

Penalties for imprescriptible offences shall not be prescribed.

Article 91: Prescription of additional penalties

Additional penalties shall be prescribed after the same period of time as the principal penalties.

Article 92: Calculation of the period of prescription of penalties

The period of prescription of penalties shall commence the date the decision of the penalty or the revocation of the suspension of the penalty previously ordered has become final.

Article 93: Interruption of the prescription of penalties

The arrest or detention of a convict shall interrupt the period of prescription of penalties for which the convict was not detained.

If a convict escapes from prison, the calculation of the period of prescription of the penalty starts afresh.

Article 94: Suspension of the prescription of penalties

The prescription of a penalty shall be suspended whenever the execution of the judgment is prevented by a barrier stemming from a law or a case of force majeure.

Article 95: Prescription of civil damages

Civil damages awarded by criminal Courts shall be prescribed according to the relevant Laws.

TITLE IV: PUNISHABLE PERSONS

CHAPTER ONE: NATURAL PERSONS

Section One: Criminal liability

Article 96: Occurrence of criminal liability

Criminal liability is personal.

Unless otherwise provided by the law, only a person who intentionally commits an offence shall be liable to a penalty.

A person who commits an offence intentionally is one who commits it consciously and willingly.

However, where provided by the law, an offence occurs in case of recklessness, negligence or carelessness.

Article 97: Persons who are criminally liable

An offender, co-offender and accomplice are criminally liable.

Article 98: Definitions of terms

For the purpose of this Organic Law, the following terms mean:

1° offender: a person who commits an offence;

2° co-offender: a person who directly cooperates in the commission of an offence;

3° accomplice: a person knowingly aids or abets the offender in preparing, facilitating or committing the offence, or a person who incites the offender.

A person is also considered an accomplice if he/she harbours an offender or aids him/her in the concealing under conditions provided under Article 327 of this Organic Law.

Article 99: Punishment of an accomplice

The accomplice is not subject to the same penalty as the offender or co-offender, except in cases where:

1° the law provides otherwise;

2° 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 criminal action cannot be instituted against the offender due to personal reasons like death, insanity or failure to identify him /her.

Section 2: Grounds for criminal irresponsibility

Article 100: A child under the age of fourteen (14) years

A child who is under the age of fourteen (14) years shall not be criminally liable.

Article 101: Insanity of the accused

There shall be no criminal liability when the accused was suffering from insanity during the commission of the offence.

However, a person who has voluntarily deprived him/herself of the use of his/her mind during the commission of the offence shall remain criminally liable, even if such deprivation would have not been caused for the purposes of committing an offence.

Article 102: Admission to a neuropsychiatric facility

A judge may, at the request of the Public Prosecution, order that a person who shows signs of insanity and who poses a threat to public order be admitted to a neuropsychiatric facility.

Section 3: Grounds for exemption from criminal liability

Article 103: Commission of an offence by   force or under duress

A person who commits an offence by force or under duress if he/she cannot resist shall not be criminally liable.

Article 104: Committing an ordered and lawful act

A person who commits an ordered and   lawful act shall not be criminally liable. The same shall apply to a person who commits an act ordered by the legitimate authority, unless such an act is manifestly unlawful.

Article 105: Self-defence

A person shall be considered to act in selfdefense when he/she commits an act to:

1° repel, during night, a person who breaks into an occupied place, entersit by force or trickery;

2° defends him/herself against perpetrators of theft or other criminals.

Article 106: Exemption from criminal liability in case of self-defence or defence of another person

A person who, in case of an unjustified attack on him/herself or another person, acts in selfdefence or in case of defence of another person shall not be criminally liable, except if there is excessive disproportion between the means of defence used and the gravity of the attack.

Article 107: Exemption from criminal liability in defense of property

A person who, in stopping the commission of a felony or a misdemeanour against property, commits an act to defend such property by using means which are necessary and proportionate to the gravity of the offence shall   not be criminally liable.

Article 108: Exemption from criminal liability in case of danger

A person who, in the presence of an actual or imminent danger which poses a threat to him/her or to another person, commits an act necessary for self-defence or for the defence of that other person, shall not be criminally liable, except if there is excessive disproportion between the means of defence used and the gravity of the danger.

Section 4: General provisions

Article 109: Exemption and relief from criminal liability

The grounds for exemption from criminal liability and relief from liability of the offender shall not apply to his/her cooffenders or accomplices.

Also, grounds for exemption and relief from criminal liability shall not imply exemption from civil liability where such liability is deemed necessary.

Article 110: Civil liability, mitigating, aggravating or exemption of criminal liability

Persons who incur civil liability as a result of an offence shall be offenders, or in case offenders cannot be held liable, persons who are civilly liable for their acts in accordance with the Civil Code.

Criminal liability shall be mitigated, aggravated or exempted when mitigating, aggravating or justifying circumstances are linked to the offence or to the offender.

The acceptance of such circumstances shall result in reducing, increasing or exempting the convict from the penalty which was provided.

Article 111: Criminal liability due to   circumstances inherent to the offender

The circumstances inherent to offender shall have effect only on the liability of that same offender.

Article 112: Reducing penalties

A penalty shall not be reduced except in the cases and circumstances provided by law.

CHAPTER II: STATE INSTITUTIONS, PUBLIC OR PRIVATE COMPANIES, ENTERPRISES, ASSOCIATIONS OR ORGANIZATIONS WITH LEGAL PERSONALITY

Article 113: Criminal liability of State institutions, public or private companies, enterprises, associations or organizations with legal personality

State institutions, public or private companies, enterprises, associations or organizations with legal personality shall be criminally liable for offences committed by their organs or representatives on their behalf.

Criminal liability of State institutions, public or private companies, enterprises, associations or organizations with legal personality shall not exclude individuals‟ responsibility who are offenders, co-offenders or accomplices of the same offence.

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

Article 114: Definition of crime of genocide

The crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such, whether in time of peace or in time of war:

1° killing members of the group;

2° causing serious bodily or mental harm to members of the group;

3° deliberately inflicting on the group harm calculated to bring about physical destruction in whole or in part;

4° taking measures intended to prevent births within the group;

5° forcibly transferring children of the group to another group.

Article 115: Punishment of the crime of genocide

Any person, who commits, in time of peace or in time of war, the crime of genocide as provided in the preceding Article, shall be liable to life imprisonment with special provisions.

Article 116: Punishment of the crime of negationism and minimization of the genocide against the Tutsi

Any person who publicly shows, by his/her words, writings, images, or by any other means, that he/she negates the genocide against the Tutsi, rudely minimizes it or attempts to justify or approve its grounds, or any person who hides or destroys its evidence shall be liable to a term of imprisonment of more than five (5) years to nine (9) years.

If the crimes under Paragraph One of this Article are committed by an association or a political organisation, its dissolution shall be pronounced.

Article 117: Theft of remains of the victims of the genocide against the Tutsi

Any person who steals the remains of the victims of the genocide against the Tutsi or evidences which are in a memorial site for the genocide against the Tutsi shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

In case the offence provided under Paragraph One of this Article is committed by any association, it shall be liable to dissolution.

Article 118: Destroying remains of victims of the genocide against the Tutsi

Any person, who deliberately incinerates or destroys remains of the victims of the genocide against the Tutsi in any way whatsoever, shall be liable to life imprisonment.

Article 119: Demolishing memorial sites or cemeteries for the victims of the genocide against the Tutsi

Any person who demolishes a memorial site or a cemetery for the victims of the genocide against the Tutsi shall be liable to life imprisonment.

Section 2: Crimes against humanity and their penalties

Article 120: Definition of the crime against humanity

The crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population because of its national, political , ethnic or religious affiliation:

1° murder;

2° extermination;

3° enslavement;

4° deportation or forcible transfer of population;

5° imprisonment or other severe deprivation of physical liberty in violation of law;

6° torture;

7° rape, sexual slavery, forced prostitution, forced sterilization, or any other form of sexual violence of comparable gravity;

8° persecution against a person on political, racial, national, ethnic, cultural, religious grounds or any other form of discrimination;

9° enforced disappearance of persons;

10° the crime of apartheid;

11° other inhuman acts of a similar character intentionally causing great suffering, or serious injury to mental or physical health.

Article 121: Punishment of the crime against humanity

Any person who commits a crime against humanity provided under items 1°, 2°, 3°, 6°, 7° and 9° of Article 120 of this Organic Law shall be liable to life imprisonment with special provisions.

Any person who commits a crime against humanity provided for under items 4°, 5°, 8°, 10° and 11° of Article 120 of this Organic Law shall be liable to a term of imprisonment of ten (10) years to twenty five (25) years.

When the crime against humanity provided under paragraph 2 of this Article   is accompanied by inhuman and degrading treatments, the offender shall be liable to life imprisonment with special provisions.

Article 122: Crime of Genocide and crimes against humanity by State institutions, public or private companies, enterprises, associations or organizations with legal personality

State institutions, public or private companies, enterprises, associations or organizations with legal personality which support in any way the crime of genocide and the crime against humanity provided under Articles 114 and 120 of this Organic Law shall be liable to penalties provided under Article 32 of this Organic Law.

Section 3: War crimes and their penalties

Article 123: Definition of a war crime

A 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 August 12, 1949 and their additional Protocols I and II of 8 June 1977:

1° willfully killing;

2° torture or inhuman treatments, including biological experiments;

3° willfully causing great suffering or   serious injury to body or health;

4° 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;

5° compelling a prisoner of war or other protected person to serve in the forces of hostile power, in its intelligence or administrative services;

6° wilfully depriving a prisoner of war or other protected person of the right to regular and fair trial;

7° forced deportation, displacement of the civil population or their transfer to or systematic detention in concentration or forced labour camps;

8° taking of hostages and subjecting them to terrorist acts ;

9° intentionally launching an attack against the civil population or their property in the knowledge that such attack will cause loss of life, injury to civilians or serious damage to civilian objects and which would be excessive in relation to the military advantage anticipated;

10° perfidiously using emblems and distinctive signs of humanitarian organizations or other protective signs of persons or objects recognized by

International Law, with intention of killing, injuring or capturing the adversary;

11° attacking by whatever means, non defended localities or demilitarized zones which are duly recognized;

12° practices of apartheid and other inhuman and degrading practices, based on racial discrimination, which give rise to outrages on human dignity;

13° 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;

14° any unjustifiable delay in the repatriation of war prisoners or civilian internees, after the end of active hostilities;

15° passing of sentences and carrying out of executions without previous judgment pronounced by a regularly constituted court and without respecting the rights of the accused;

16° Intentionally killing or injuring a person with the knowledge that he/she is not part to hostilities, or when he/she was fighting but that he/she had laid down his/her arms or can no longer defend him/herself.

Article 124: Persons protected by the Geneva Conventions

Persons protected by the Geneva Conventions of August 12, 1949 and their additional protocols I and II of June 8, 1977 include 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;

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 like soldiers are not protected under this Article.

Article 125: Punishment of war crimes

Any person who commits one of the war crimes provided under Article 123 of this Organic Law shall be liable to the following penalties:

1° life imprisonment if the person has committed one of the crimes provided under items 1°, 2°, 3°, 9°, 11° and 16° ;

2° a term of imprisonment of ten (10) years to fifteen (15) years, if the person has committed one of the crimes provided under items 6°, 7°, 8°, 10° and 12°;

3° a term of imprisonment of more than five (5) years to ten (10) years, if the person has committed one of the crimes provided under items 4°, 5°, 13°, 14° and 15°.

Article 126: Other acts which qualify as war crimes

A war crime shall also mean any of the following acts committed in armed conflicts:

1° employment of poisonous weapons or other weapons causing unnecessary suffering;

2° looting of public or private property;

3° collective punishments;

4° outrages on human dignity, in particular rape, sexual torture, forced prostitution and any form of indecent assault;

5° enslavement and slave trade, slavery like practices and forced labour in any form;

6° use of human shields;

7° acts of violence meant to terrorize all or part of the population;

8° forcing civilians, including children to take part in hostilities or to perform works related to military service purposes;

9° starving the civilian population and preventing humanitarian assistance from reaching such population;

10° deliberately separating children from their parents or other persons in charge of their security and welfare;

11° refusal to cater for the wounded, sick, shipwrecked persons and persons whose liberty has been restricted for reasons related to the armed conflict;

12° mistreatment of prisoners or internees.

Article 127: Penalties for other acts qualifying as war crimes

Any person who commits any of the acts qualifying as war crimes provided under Article 126 of this Organic Law shall be liable to the following penalties:

1° life imprisonment if the person has committed one of the crimes provided under items 1°, 4°, 5°, 6°, 9° and 10°;

2° a term of imprisonment of ten (10) years to fifteen (15) years, if the person has committed one of the crimes provided under items 3°, 8°, 11° and 12°;

3° a term of imprisonment of more than five (5) years to ten (10) years, if the person has committed one of the crimes provided for under items 2° and 7°.

Article 128: Using prohibited methods or weapons against the enemy

Any person who uses or orders prohibited methods or weapons to be used against the enemy, explicitly prohibited under laws and customs applicable to armed conflicts, as well as international conventions ratified by Rwanda shall be liable to a term of imprisonment of seven (7) years to twenty (20) years.

When the methods and weapons used or ordered to be used result in the death of one or more persons, the offender shall be liable to life imprisonment.

Section 4: Offences against humanitarian organizations

Article 129: Punishment of offences against humanitarian organizations in wartime

Any person who:

1° engages in hostile acts against the personnel of humanitarian organizations in the course of the performance of their duties;

2° willfully destroys or damages, during hostilities, facilities or warehouses belonging to or managed by such organizations; shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one hundred thousand (100,000) to two hundred thousand (200,000) Rwandan francs or one of these penalties.

Article 130: Use of a humanitarian organization emblem

The use of an emblem of humanitarian organizations shall be exclusively reserved for medical personnel as well as for staff and equipment of the International Committee of the Red Cross, the International Federations of Red Cross and Red Crescent Societies as well as Red Cross and Red Crescent National Societies which are entitled to it under the Geneva Conventions of 1949 for the protection of victims in wartime.

Article 131: Fraudulent use of an emblem of a humanitarian organization

Any person who intentionally and without being entitled to it, uses, wears or carries the emblem of humanitarian organizations, or any other sign constituting an imitation likely to cause confusion shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 132: Other acts punished as the crime of genocide, crimes against humanity and war crimes

Without prejudice to other provisions of this Organic Law relating to attempt and criminal participation, the following acts shall be punished by penalties provided under this Chapter:

1° an order, even when not followed by the commission, to commit any of the crimes provided under this Organic Law; 2° a proposal or an offer to commit a crime and the acceptance of such a proposal or offer;

3° incitement, either by speech, image or writing, to commit such a crime, even when not followed by the commission;

4° conspiracy to commit a crime, even when not followed by the commission;

5° abetment to commit a crime, even when not followed by the commission;

6° the fact of knowing the existence of conspiracy to commit such an offence or that of acts which constitute the start of its commission and omitting to act as far as one is personally able to prevent its completion or put an end to it;

7° attempt to commit a crime.

Section 5: Common provisions applicable to the crime of genocide, crimes against humanity and war crimes

Article 133: Criminal liability of a superior and his/her subordinate

The fact that any of the acts provided under

this Chapter from section one to section 3 of this Organic Law was committed by a subordinate shall 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 acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts   or to punish the offender and inform relevant authorities.

The fact that an accused person acted pursuant to an order of a Government or a superior shall not relieve him/her of criminal liability where, it was obvious that the order could lead to the commission of any of the offences provided under this Chapter.

Article 134: Imprescriptibility of the crime of Genocide, crimes against humanity and war crimes

Criminal action as well as penalties for the crime of genocide, crimes against humanity and war crimes are   imprescriptible.

CHAPTER II: GENOCIDE IDEOLOGY AND OTHER RELATED OFFENCES, DISCRIMINATION AND SECTARIANISM PRACTICES

Article 135: Punishment of the crime of genocide ideology and other related offences

Any person who commits the crime of genocide ideology and other related offences shall be liable to a term of imprisonment of more than five (5) years to nine (9) years and a fine of one hundred thousand (100,000) to one million (1,000, 000) Rwandan francs.

A law shall provide for the details related to   genocide ideology and other related offences.

Article 136: Punishment of the crime of discrimination and sectarian practices

Any person who commits the crime of discrimination and sectarian practices shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one hundred thousand (100,000) to one million (1,000, 000) Rwandan francs.

A law shall provide for the details related to   discrimination and sectarianism.

CHAPTER III: HOMICIDE, ASSAULT AND BATTERY, BODILY INJURIES AND ABORTION

Section One: Definitions of terms

Article 137: Manslaughter and intentional bodily injuries

Manslaughter and intentional bodily injuries are intentional killing and causing of bodily injuries even if the offender was mistaken about the person who was the victim or his/ her plan would be fulfilled depending on circumstances beyond his/her control.

Article 138: Premeditation

Premeditation is the plan made to harm a person before such harm is carried out.

Article 139: Ambush

An ambush consists of waiting, for a certain period of time in one or various places, for an individual, either to kill him/ her, or to commit violence against him/her.

Section 2: Homicide and its various forms

Article 140: Murder

Murder is intentional killing of a person and shall be punishable by life imprisonment.

Article 141: Parricide

A person who kills any of his/her parents, whether or not such parents are biological or legally recognized shall commit parricide.

Parricide shall be punishable by life imprisonment.

Article 142: Spousal homicide

A person who kills his/her spouse shall commit spousal homicide.

Spousal homicide shall be punishable by life imprisonment.

Article 143: Infanticide

A person who kills his/her biological or adopted child shall commit infanticide.

Infanticide shall be punishable by life imprisonment.

Article 144: Poisoning

A person who administers a substance to another person which can cause death more or less promptly regardless of the substance used or its mode of administration and consequences shall commit poisoning.

Poisoning shall be punishable by life imprisonment.

Article 145: Homicide committed by degrading acts or preceded by another felony

Any person who kills another person by inflicting degrading acts or after committing another felony against him/her shall be liable to life imprisonment with special provisions.

Article 146: Homicide and degrading acts on the dead body

Homicide and degrading acts on the dead body shall be punishable by life imprisonment with special provisions.

When homicide consists, either in preparing, facilitating or committing an offence, facilitating the escape or impunity of offenders or accomplices of such an offence, the penalty shall be life imprisonment.

Article 147: Suicide

Suicide shall not be punishable.

However, any person who:

1° induces another person to commit suicide;

2° helps other person to commit suicide;

3° provokes another person to commit suicide by inflicting persecution on him/her;

shall be liable to a term of imprisonment of two (2) years to five (5) years.

Section 3: Voluntary manslaughter, assault and battery

Article 148: Aggravated assault and battery

Any person who intentionally causes injuries to another, or beats or commits any serious acts of violence against another person shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to five hundred thousand Rwandan francs (500,000) or one of these penalties.

If the offender has acted with premeditation or ambush, he/ she shall be liable to a term of imprisonment of two (2) years to three (3) years and a fine of one hundred thousand (100,000) to five hundred thousand (500,0000) Rwandan francs.

Article 149: Battery or bodily injuries resulting in incapacity

If battery or bodily injuries have resulted in illness or incapacity of work for at least eight (8) days, the offender shall be liable to a term of imprisonment of (2) years to five (5) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

If the offender acted with premeditation or ambush, he/she shall be liable to a term of imprisonment of six (6) years to eight (8) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

Article 150: Battery or bodily injuries resulting in incurable illness or permanent incapacity

If battery or bodily injuries result in either incurable illness, permanent incapacity to work, full loss of function of an organ or serious mutilation, the   penalty shall be a term of imprisonment of seven (7) years to ten (10) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs.

If the offender has acted with premeditation or ambush, he/she shall be liable to a term of imprisonment of eight (8) years to ten (10) years and a fine of three million (3, 000,000) to five million (5, 000,000) Rwandan francs.

Article 151: Battery or bodily injuries resulting in death

If an offender commits battery or causes bodily injuries which result into death, the offender   shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

If an offender has committed such acts of violence with premeditation or ambush, he/she shall be liable to life imprisonment.

Article 152: Battery or causing bodily injuries against a child or a person unable to defend him/herself

Any person who intentionally inflicts battery or bodily injuries on a child or a person who is unable to defend him/herself   due to his/her physical or mental state or old age, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

If the offender commits battery and bodily injuries with premeditation or ambush which result in illness or permanent incapacity to work for a period of more than one month, he/she shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs.

Article 153: Starving or denying drink to a person for whom one is responsible

Any person who intentionally starves or denies drink to a person for whom is responsible without any intention of causing death but which starvation or denial of drink causes death, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

If the starvation or denial of drink is committed with intention to cause death and results into death, the offender shall be liable to life imprisonment.

Article 154: Administering a substance to a person which may cause illness or death

Any person who causes illness or incapacity to work to another person by intentionally administering a substance which may cause death, but without intention to cause death or a substance which is not likely to cause death, can seriously impair the health, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

If the substance causes an incurable illness, permanent incapacity to work or full loss of function of an organ, the penalty shall be a term of imprisonment of more than five (5) years to seven (7) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

If the substance is voluntarily administered with intention to cause death, the penalty shall be life imprisonment.

Article 155: Intentional minor violence

Any person who intentionally commits minor acts of violence against another person shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of fifty thousand (50,000) to one hundred thousand (100,000) Rwandan francs or one of these penalties.

Section 4: Involuntary manslaughter, unintentional battery and bodily injuries

Article 156: Definition of involuntary manslaughter and unintentional bodily injuries

Any person who, through clumsiness, carelessness, inattention, negligence, failure to observe the rules or any other lack of precaution and foresight, causes harm but with no intent to endanger the life of another person shall be guilty of homicide or unintentional bodily injuries.

Article 157: Penalty for involuntary manslaughter

Any person who causes death of another person without intention shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500, 000) to two million (2,000,000) Rwandan francs or one of these penalties.

If the offender has caused the death of many people, he/she shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs.

Article 158: Assault and battery resulting from lack of foresight and precaution

If assault and battery result from lack of foresight and precaution, the offender shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of one hundred thousand (100, 000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

If the offender has caused bodily injuries to many people, he/ she shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 159: Causing illness to another person

Any person who, involuntarily causes illness or permanent incapacity to another person, by administering to him/her a substance likely to cause death or seriously endanger his/ her health shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 160: Offences under Articles 157 and 159 of this Organic Law committed by a medical doctor or any other medical professional

If the offences under Articles 157 and 159 of this Organic Law are committed by a medical doctor or any other medical professional by negligence, failure to observe the rules or any lack of precaution and foresight in the course of duties, the offender shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two hundred thousand (200,000) to five hundred thousand (500,000) Rwandan francs.

Article 161: Throwing at another person any thing likely to disturb or dirty him/her

Any person who, recklessly, throws any thing likely to disturb   or dirty at another person shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of fifty thousand (50,000) to two hundred thousand (200,000) Rwandan francs or one of these penalties.

Section 5 : Crime of abortion

Article 162 Self- induced abortion

Any person who carries out self-induced abortion shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to two hundred thousand (200.000) Rwandan francs.

Article 163: Causing a woman to abort with or without her consent

Any person who causes a woman to abort without her consent shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

In case of mutual consent, a person who causes a woman to abort shall be liable to a term of imprisonment of two (2) years to five (5) years.

Any person who, through recklessness or negligence causes a woman to abort shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 164: Abortion resulting in death

A person who administers, delivers or orders a substance which he/she knows the effect, to a woman and causes abortion which results into death shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years if the woman had consented to the abortion or to life imprisonment and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs, if such a woman had not consented to the abortion.

Article 165: Exemption from criminal liability for abortion

There is no criminal liability for a woman who commits abortion and a medical doctor who helps a woman to abort if one of the following conditions is met:

1° when a woman has become pregnant as a result of rape;

2° when a woman has been subjected to forced marriage;

3° when a woman has become pregnant due to incest in the second degree;

4° when the continuation of pregnancy seriously jeopardizes the health of the unborn baby or that of the pregnant woman.

The exemption from criminal liability under items 1°, 2° and 3° of Paragraph One of this Article shall be permitted only if the woman who seeks abortion submits to the doctor an order issued by the competent Court recognizing one of the cases under these items, or when this is proven to the Court by a person charged of abortion.

The Court where the complaint is filed shall hear and make a decision as a matter of urgency.

Article 166: Requirements for exemption from criminal liability for a medical doctor who performs an abortion or a woman who consents to an abortion

A medical doctor who performs an abortion or a woman who consents to an abortion or her legally recognized representative if she cannot decide for herself whether to abort is not criminally liable in accordance with item 4° of Paragraph One of Article 165 of this Organic Law if the following conditions are met:

1° after the medical doctor finds that continuation of the pregnancy would seriously endanger the health of the woman or that the unborn child cannot survive;

2° the medical doctor has sought advice from another doctor where possible, and:

  1. the medical doctor makes a written report in three (3) copies signed by him/herself and the doctor he/she consulted;
  2. one copy is given to the interested party or her legal representative if she cannot decide for herself;
  3. another copy is kept by the medical doctor who consulted her;
  4. the third copy is given to the hospital medical director.

Article 167: Self-induced abortion or performing abortion to another person by a medical professional

For offences provided for under Articles 162 and 163 of this Organic Law, if the offender is a medical doctor, a midwife or a pharmacist, he/she shall be liable to an additional penalty of suspension from exercising his/her profession for a period of three (3) years to five (5) years.

In case of recidivism, the suspension from exercising the profession shall become definitive.

A person, who contravenes the provisions of Paragraphs One and 2 of this Article, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

Article 168: Advertising means of abortion

Any person who, by any means, advertises drugs, materials and any other substances believed to induce abortion shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs or one of these penalties.

CHAPTER IV: THREATS TO HARM A PERSON

Section One: Threats qualifying as terrorism

Article 169: Threat to commit an act qualified as terrorism

Any person who threatens to commit an act which may be qualified as terrorism shall be liable to a term of imprisonment of three (3) years to five (5) years.

If the threat causes death of persons, he/she   shall be liable to life imprisonment.

Section 2: Threats which do not qualify as terrorism   Article 170: Verbal threats

If the threat accompanied by an order or condition is verbal, the offender shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties.

If a verbal threat is not accompanied by an order or condition, the offender shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 171: Threat by gestures, signs, images or a symbol

When the threat by gestures, signs, images or symbol is carried out against persons or their property, the offender shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 172: Written threats

Any person who, through an anonymous or signed writing, carries out a threat, whether accompanied by an order or condition, of endangering the life of persons or of depriving them of their property, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs or one of these penalties.

If the threat is not accompanied by any order or condition, the penalty shall be a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to one million (1, 000,000) Rwandan francs or one of these penalties.

Article 173: Blackmail     Blackmail shall mean the threat of reporting and attributing to someone facts that could damage their honour or reputation as a means to obtain from them signature, commitment, waiver of obligations, disclosure of secret, remittance of funds, securities or any property whatsoever.

Article 174: Penalty for blackmail

Any person who commits blackmail shall be liable to an imprisonment of six (6) months to one (1) year and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs or one of these penalties.

When the person who has committed blackmail has executed his/her threats, he/she shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to two million (2, 000,000) Rwandan francs or one of these penalties.

Article 175: Fear that there may be the commission of an offence

If there are reasons to fear that the person who threatens to commit a felony or misdemeanour may commit it, the judge may, upon request of the Public Prosecution,   request the prosecuted person to confess that he/ she shall not commit such an offence and ask him/her to furnish a bail either in cash or any other property.

If the accused refuses to do what was required within the prescribed period, the judge may compel him/her to do it by sentencing him/ her to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of fifty thousand (50,000) to three hundred (300,000) Rwandan francs or one of these penalties.

If the prosecuted person commits, within a period of three (3) years from the day the bail was furnished, an offence he/she was determined to commit, he/she shall be punished, and the bail shall be seized for the public Treasury.

If the prosecuted person does not commit an offence within the period provided under Paragraph 3 of this Article, the bail shall be refunded.

CHAPTER V: OTHER PROHIBITED PRACTICES

Article 176: Torture

For the purposes of this Organic Law, torture means any act by which severe pain or suffering, whether physical or mental, inhuman, cruel or degrading, are intentionally inflicted on a person for such purposes as obtaining from him/her or a third person, especially information or a confession, punishing him/her of an act he/she or a third person committed or is suspected of having committed, or intimidating him/her or coercing him/her or a third person or for any other reason based on discrimination of any kind.

However, pain arising from the execution of penalties imposed by a competent Court is not characterized as torture.

Article 177: Penalties for torture

Any person who inflicts torture on another person, shall be liable to a term of imprisonment of six (6) months to two (2) years.

If torture results in either incurable illness, permanent incapacity to work, full loss of function of an organ or serious mutilation, the penalty shall be a term of imprisonment of more than five (5) years to seven (7) years.

If such torture results in the death of the victim, the punishment shall be life imprisonment with special provisions.

If the offences under Paragraphs one and 2 of this Article are committed by a Judicial Police Officer or a Prosecutor or any other security service officer or civil servant, the offender shall be liable to the provided maximum penalty.

Article 178: Forced labour

Any person who imposes forced labour on another person shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 179: Euthanasia

Any person who kills another at the latter‟s serious and insistent request and for   an honourable reason especially on compassionate grounds shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 180: Hiding or exhuming, mutilating or inflicting dehumanizing treatment on a human body

Any person, who maliciously hides, exhumes, mutilates or inflicts dehumanizing treatment on a human body in any way shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

Article 181: Cooking, cannibalism or feeding human flesh to others

Any person, who cooks, eats human flesh or feeds it to others shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

CHAPTER VI: OFFENCES OF IMMORALITY

Section One: Indecent assault offences

Article 182: Definition of indecent assault

Indecent assault consists of acts or behaviours contrary to the customs and morality which undermine the dignity and cultural identity of the human being.

Article 183: Indecent assault against a child

An indecent assault or an attempted indecent assault against a child shall be punishable by a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to two hundred thousand (200,000) Rwandan francs.

Article 184: Indecent assault with violence, trickery or threats against a person aged eighteen (18) or above

Any person who commits indecent assault with violence, trickery or threats against a person aged eighteen (18) or above shall be liable to a term of imprisonment of six (6) months to two (2) years.

If an offence results in illness for the victim, the offender shall be liable to a term of imprisonment of two (2) years to five (5) years.

If an offence results in an incurable illness for the victim, the offender shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

If an offence results in the death of the victim, the offender shall be liable to life imprisonment.

Article 185: Public indecent assault

Any person who commits public indecent assault shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs.

Article 186: Bestiality

Any person who engages in sexual relations or any practice of a sexual nature with a domestic animal shall be liable to a term of imprisonment of six (6) months to two (2) years.

Article 187: Sexual torture

Sexual torture shall be punishable by life imprisonment with special provisions.

Article 188: Exhibition, sale or distribution of objects of sexual nature

Any person, who exhibits, sells or distributes songs, or any other writing, symbols, images, emblems or any other objects of sexual nature shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of a hundred thousand (100,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Any person who offers for transport, trade, exports or imports or advertises objects of sexual nature for the purpose of selling, shall be liable to the penalties provided under Paragraph One of this Article.

In the cases under paragraphs One and 2 of this Article, any person who produces a writing, a drawing, who has printed or produced them as well as a person who has designed emblems or materials, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 189: Aggravating circumstances for offences provided under Articles 183 to 185 of this Organic Law

The penalties provided under Articles 183 to 185 of this Organic Law, shall be doubled if the offender:

1° is an ascendant of the victim;

2° is in the same category as those who have authority over him/her ;

3° is a teacher ;

4° is a civil servant, a representative of the administrative authority, a minister of worship who have abused their position to commit such an offence, or a medical doctor who commit such offences against persons placed under their authority by virtue of their duties;

5° was assisted by one or more persons in committing the crime.

Section 2: Child defilement

Article 190: Definition of child defilement

Child defilement means any sexual intercourse or any sexual act with a child regardless of the form or means used.

Article 191: Penalty for child defilement

Any person who commits child defilement, shall be liable to life imprisonment with special provisions.   Article 192: Child defilement by a person having authority over the child

If child defilement is committed by his/her parent or guardian, a representative of the administrative authority, a representative of the religious authority, a security officer, a medical professional, a teacher, a trainee or any person who have abused his/her position or authority over a child, the offender   shall be liable to life imprisonment with special provisions and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

Article 193: Child defilement resulting in death or an incurable illness

If child defilement has resulted in death or incurable illness, the offender shall be liable to life imprisonment with special provisions and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

Article 194: Living together with a child as husband or wife

Any person who lives with or attempts to live together with a child as husband or wife shall be liable to the same penalty as a person who defiled a child.

Any person who lives with or attempts to live together with a person as husband or wife if the person has reached the age of eighteen (18) but has not reached the age of twenty one (21) years, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to five hundred thousand (500,000) Rwandan francs.

Article 195: Participating in early or forced marriage of a minor

Any person who plays a role in early or forced marriage of a minor shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs.

Section 3 : Rape

Article 196: Definition of rape

Rape means causing another person to engage in a non-consensual sexual intercourse by using force, threat or trickery.

Article 197: Penalty for rape on a person aged eighteen (18) years or above

Any person who rapes a person aged eighteen (18) years or above shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

If rape is committed on an elderly person, a person with disability or a sick person, the penalty shall be a term of imprisonment of seven (7) years to ten (10) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

If rape results in an incurable disease for the victim, the offender shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

If rape results in the death of the victim, the offender shall be liable to life imprisonment.

Article 198: Definition of marital rape

Marital rape is any act of sexual intercourse committed by one spouse on the other by violence, threat or trickery.

Article 199: Penalty for marital rape

Any person who commits marital rape shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs or one of these penalties.

If marital rape results in an ordinary disease, the offender shall be liable to a term of imprisonment of six (6) months to two (2) years.

If marital rape results in an incurable illness, the offender shall be liable to a term of imprisonment of more than five (5) years to ten (10) years.

If marital rape results in the death of the victim, the offender shall be liable to life imprisonment.

Article 200: Prosecution of marital rape

The prosecution of marital rape shall be instituted only upon complaint of the offended spouse.

The offended spouse may, at any stage of the procedure, apply for the termination of the prosecution, when he/she withdraws his/her complaint.

The offended spouse may also demand that the execution of the judgment be terminated in the best interest of the family.

Article 201: Penalty for rape with intention to infect another person with an infection

Any person who commits rape to deliberately infect another person with incurable infection, shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 202: Penalties for the offence of gender-based violence committed by use of medical or narcotic drugs, pictures, signs, speeches and writings

Any person who uses medical products, narcotic drugs, pictures, signs, speeches or writings with intention to commit gender

based violence, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000, 000) Rwandan francs or one of these penalties.

Article 203: Sexual harassment

An employer or any other person who sexually harasses his/her subordinate by way of orders, threats or terror for the purposes of his/her sexual pleasure shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to two hundred thousand (200,000) Rwandan francs.

Section 4: Prostitution

Sub-section : Obligations and penalties for failure to comply

Article 204: Definition of prostitution

Prostitution means involvement by either a man or a woman in sex work as an occupation in exchange for consideration.

Article 205: Obligations to be fulfilled by a prostitute

Any person who engages in prostitution shall fulfill, for a period not exceeding one year, one or more of the following obligations:

1° not to leave territorial limits determined by the Court;

2° not to go to certain places determined by the court;

3° to be subjected to surveillance measures;

4° to seek medical treatment;

5° to periodically report to administrative services or authorities determined by the court.

A person who violates any of the obligations under items 1º to 5º of this Article, shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months.

If a person subsequently commits prostitution as provided under Paragraph 2 of this Article shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

The penalties under paragraph 2 of this Article shall also apply to any person   caught having sexual intercourse with a prostitute.

Sub-section 2: Incitement to prostitution

Article 206: Encouraging, inciting or manipulating a person for the purpose of prostitution

Any person who encourages, incites or manipulates an adult, even with his/her consent, for the purpose of prostitution, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to two million   (2,000,000) Rwandan francs or one of these penalties.

The same penalties shall apply to any person who keeps another for prostitution purposes, even with the consent of that person.

Article 207: Discouraging efforts to rehabilitate prostitutes

Any person who, by threats, pressure, trickery or any other means, discourages efforts to rehabilitate persons engaged in prostitution or in danger of becoming prostitutes shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 208: Advertisement for facilitation of prostitution

Any person who, by whatever means, announces that he/she facilitates prostitution shall be liable to a term of imprisonment of one (1) year to three (3) years or a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs.

Sub-section 3: Exploitation of the prostitution

Article 209: Running, managing or investing in a brothel

Any person who, directly or through an intermediary, runs , manages or invests in a brothel shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to three million ( 3,000,000) Rwandan francs.

If the acts referred to in Paragraph One of this Article are committed against children, the person found guilty shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 210: Sharing the proceeds of prostitution

Any person who, knowingly and in any form, shares the proceeds of the prostitution shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 211: Sharing the proceeds of prostitution by a child

Any person who, knowingly, shares the proceeds of prostitution by a child or knowingly receives and accepts assistance from prostitution by a child shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Any person who uses or recruits children in entertainment events to advertise prostitution or demonstration in pornography shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 212: Aiding, abetting and protecting prostitution

Any person who, in any way, knowingly aids, abets or protects or solicits prostitution shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 213: Providing a facility for prostitution

Any person who knowingly provides any place for rent for the purpose of prostitution shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs.

Sub-section 4: Aggravating circumstances

Article 214: Aggravating circumstances for prostitution-related offence

The imprisonment penalty shall be doubled for any person who commits a prostitution related offence in case any of the following circumstances has been established:

1° the offence is committed against a non-consenting person;

2° the offence is committed against several persons; 3° the person against whom the offence is committed became involved in prostitution on arrival to or departure from the national territory or on departure from one part of his/her own country to another part of that same country unknown to him/her, a few days after arrival or departure;

4° the offence is committed by many offenders, co- offenders or accomplices;

5° the offender is carrying a visible or a concealed weapon ;

6° the offence is committed by an ascendant of the victim or any other relative up to the seventh degree of kinship;

7° the offence is committed by a person having authority over the victim;

8° the offence is committed by a domestic servant of the victim;

9° the offence is committed by a public servant or a religious leader.

Section 5: Common provisions

Article 215: Refusal to report offences of immorality committed against a child

Any person who becomes aware that the offences under this chapter were committed against a child and does not report them to authorities or security organs shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs.

Article 216: Refusal to assist a victim of violence or to testify on violence

Any person who refuses to assist or seek assistance for the victim of gender-based violence or to testify on violence shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs.

CHAPTER VII: OFFENCES AGAINST THE FAMILY

Section One: Offences against children and persons unable to protect themselves

Article 217: Definition of the child

For the purposes of this Organic Law, a child means every human being aged undereighteen (18) years unless otherwise provided by other laws.

Article 218: Inflicting severe suffering on a child, harassing or imposing severe punishments on him/her

Any person who inflicts severe suffering on a child, harasses or imposes severe or degrading punishments on him/her shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs.

If one of the offences under Paragraph One of this Article results in the child‟s disability, the penalty shall be a term of imprisonment of more than five (5) years to seven (7) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

If the offence results in the death of the child, the penalty shall be life imprisonment.

Article 219: Offering alcoholic beverages or tobacco to a child

Any person who offers or sells alcoholic beverages or tobacco to a child or involves him/her in the sale of such products shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months and a fine of three hundred thousand (300,000) to one million (1,000,000) Rwandan francs or one of these penalties.

These penalties shall also apply to any person who encourages a child to drink alcoholic beverages or to smoke or to go to bars.

Article 220: Engaging a child in narcotic drugs and arms trafficking or in the trade of other illegal products

Any person who engages a child in narcotic drugs and arms trafficking or in the trade of other illegal products shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 221: Exploiting a child by involving him/her in armed conflicts

Any person who exploits a child by involving him/her in armed conflicts shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

If the acts provided under Paragraph One of this Article are committed within the framework of a criminal organization whose members are engaged as their principal or subsidiary occupation even if the offender is not among the leaders of such an organization, the penalty shall be a term of imprisonment of seven (7) years to ten (10) years and a fine of ten million (10,000,000) to twenty million (20,000,000) Rwandan francs.

In case the child is involved in transnational armed conflicts, the penalty shall be a term of imprisonment of ten (10) years to fifteen (15) years and a fine of twenty million (20,000,000) to thirty million (30,000,000) Rwandan francs.

Article 222: Exploiting a child by involving him/her in sport activities harmful to his/her health

Any person who exploits a child by involving him/her in sport activities that are harmful to his/ her health shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

When the acts under Paragraph One of this Article are committed within the framework of a criminal organization whose members are engaged therein as their principal or subsidiary occupation even if the offender is not among the leaders of such an organization, the penalty shall be a term of imprisonment of more than five (5) years to seven (7) years and a fine of ten million (10,000,000) to twenty million (20,000,000) Rwandan francs.

Article 223: Refusal to surrender a child

Any person who refuses to deliver or surrender a child to the legally responsible person who claims him/her shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 224: Abduction of a child from his/her parents or guardians or where he/she habitually resides

A person who abducts a child from his/her parents or guardians or where he/she habitually resides shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs.

If the abduction of a child from his/her parents is committed by either parent, the offender shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 225: Participating in the adoption of a child for the purpose of trafficking

Any person who participates in the adoption of a child for the purpose of trafficking shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

If the offence   under paragraph one of this Article is committed against a child under fourteen (14) years, the offender shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of ten million (10,000,000) to twenty million (20,000,000) Rwandan francs.

If a person commits the offence under paragraph one of this Article against a child between the age of fourteen (14) and sixteen (16) years, he/she shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of twenty million (20,000,000) to thirty million (30,000,000) Rwandan francs.

If the abducted child is from an orphanage, the offender shall be liable to the maximum penalty under this Article.

Article 226: Refusal to provide care to a child or unable dependant

Any person with legal responsibility of a child who refuses him/her medical treatment shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of fifty thousand (50,000) to three hundred thousand (300,000) Rwandan francs.

Penalties under Paragraph One of this Article shall apply to any person who fails to protect or willfully deprives a child or a dependent of care or food due to the physical or mental state of the dependent for whom is responsible.

Article 227: Child neglect by a parent or guardian without reasonable cause

A parent or a guardian who neglects a child without reasonable cause to the extent that the health, security and the living conditions are seriously jeopardized or a child under care indulges in vagrancy shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

A parent or a guardian who jeopardizes the education of his/her child or that of a child under his/her guardianship through illtreatment, parental drunkenness or misconduct shall be liable to the penalty provided under Paragraph One of this Article.

Article 228: Neglect of a child on the basis of sex

Any person who neglects a biological child because the child is a boy or a girl, harasses him/her or a person with whom he/she had such a child shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months and a fine of three hundred thousand (300,000) to one million (1,000,000) Rwandan francs.

Any guardian of the child who neglects a child on the basis of sex shall be liable to penalties provided under Paragraph One of this Article.

Article 229: Recording and disseminating a child‟s pornographic picture or voice

Any person who records a picture or the voice of a child or disseminates it in any way for pornographic purposes shall be liable to a term of imprisonment of more than five (5) years to seven   (7) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

Article 230: Advertising of children pornographic pictures

Any person who displays, sells, rents, disseminates or distributes pornographic pictures, objects, movies, photos, slides and other pornographic materials involving children shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five million (5,000,000) to twenty million (20,000,000) Rwandan francs.

Article 231: Abandonment or neglect of a child

A parent or a guardian who abandons or causes to be abandoned, neglects or causes to be neglected a child in an open place and is found shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of twenty thousand (20,000) to one hundred thousand (100,000) Rwandan francs.

A parent or a guardian who abandons a child in a solitary place and is found shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of fifty thousand (50,000) to two hundred thousand (200,000) Rwandan francs.

Article 232: Neglect or abandonment of a child causing disability, death or disappearance

If the neglect or abandonment of a child results in permanent disability, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

If the neglect or abandonment of the child results in the child‟s death or disappearance s, the penalty shall be life imprisonment.

Article 233: Inciting parents to abandon   a child

Any person who:

1° incites one or both parents to abandon a child, whether born or to be born;

2° agrees with one or both expecting parents to abandon their child to be born ;

if the objective of inciting or agreeing with parents to abandon the child is achieved, he/she shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 234: Abandonment or neglect of an unable dependent

Any person who abandons or causes to be abandoned, neglects or causes to be neglected in an open place an unable dependent due to physical or mental state shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of fifty thousand (50.000) to two hundred thousand (200,000) Rwandan francs.

Any person who abandons or causes to be abandoned, neglects or causes to be neglected, in a solitary place, an unable dependent due to physical or mental state shall be liable to imprisonment for a term of seven (7) years to ten (10) years and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs.

Article 235: Abandonment or neglect of an unable person causing serious illness or death

If the abandonment or neglect of an unable person has resulted in serious illness, loss of one of the parts of the body or disability, the offender shall be liable to a term of imprisonment of ten (10) years to twelve (12) years.

If the acts under Paragraph One of this Article result in the death of the abandoned or neglected person, the offender shall be liable to life imprisonment.

Article 236: Harassment of an elderly person

Any person who harasses an elderly person for personal interests or those of others shall be liable to a term of imprisonment of six (6) months to two   (2) years and a fine of two hundred thousand (200,000) to three million (3,000.000) Rwandan francs or one of these penalties.

Article 237: Stigmatization against a person suffering from an incurable disease

Any person who stigmatizes a person suffering from an incurable disease shall be liable to a term of imprisonment of at least one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Section 2: Offences relating to marriage and family desertion

Article 238: Refusal to provide support to spouse, descendants or ascendants

Any person who has been convicted and ordered by a final court judgment to provide support to spouse, descendants or ascendants and intentionally exceeds a period of two (2) months without paying such alimony shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of   fifty thousand (50,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 239: Denial of freedom to practice family planning

Any person who, on grounds of marriage, commits violence or harassment against his/her spouse because of the spouse‟s decision to practice family planning shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months.

Article 240: Harassment of spouse

Any person convicted of harassment against a spouse like insults, assault and battery, refusal to assist in family responsibilities, denial of the right to property or any other act preventing him/her from leaving a peaceful life shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months.

Article 241: Disposal of marital property without consent of either spouse

Any person who:

1° fraudulently donates, sells, mortgages or uses the marital property without spousal consent shall be liable to a term of imprisonment of at least three (3) months but less than to six (6) months;

2° acquires the property referred to under item 1o of this Article whilst being aware of the absence of mutual consent of the spouses, shall in addition to the restitution of the property acquired or the payment of cash equivalent be liable to a term of   imprisonment of at least two (2) months but less than six (6) months and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties;

3° participates in the acts referred to under item 1o of this Article shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000 ) Rwandan francs or one of these penalties.

Article 242: Prosecution of offences mentioned under Articles 239, 240 and 241 of this Organic Law

Offences referred to under Articles 239, 240 and 241 of this Organic Law shall be prosecuted only upon complaint of either spouse.

Article 243: Family desertion

A spouse who, without serious cause deserts his/ her family and abandons all or part of his/her obligations arising from parental responsibility or legal guardianship shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs or one of these penalties.

The same penalties apply to a husband, who, without serious cause, willfully abandons his wife for a period exceeding fifteen (15) days knowing that she is pregnant.

The period referred to under paragraphs One and 2 of this Article ends by the return of the

Article 242: Poursuite des infractions prévues aux articles 239, 240 et 241 de la presente Loi Organique concerned spouse to the family residence before the expiry of the period.

However, upon request of the offended spouse, the exercise of the criminal action by the Public Prosecution or the execution of a judgment by the court may be terminated in the interest of the family.

Section 3: Adultery, bigamy and cohabitation

Article 244: Definition of adultery

Adultery is the sexual intercourse of a legally married person with another person other than his/her spouse.

Article 245: Penalty for adultery

Any person convicted of adultery shall be liable to a term of imprisonment of six (6) months to one (1) year.

The penalties provided in Paragraph One of this Article shall apply to the partner in adultery.

Article 246: Penalty for bigamy

Any person who:

1° enters into a second marriage while the first marriage is still valid shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties;

2° knowingly, accepts to marry another person who is still married or any other person present in the ceremony who conceals information about the first marriage shall be liable to the penalties provided under point 1 o of this Paragraph;

3° issues documents or officiates a marriage ceremony knowing that the first marriage is valid shall be liable to a term of imprisonment of two (2) years to five (5) years.

Article 247: Definition of cohabitation

Cohabitation is a de facto union between a man and a woman who live together permanently, either one or both are legally married.

Article 48: Penalty for cohabitation

Any person convicted of cohabitation shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000 ) to two hundred thousand (200,000) Rwandan francs.

Article 249: Prosecution of adultery and cohabitation

The prosecution of adultery and cohabitation shall be instituted only upon complaint of the offended spouse. In that case, the prosecution shall be instituted against the accused spouse and the co-offender.

The offended spouse may at any stage of the procedure request that the proceedings be terminated when he/she retracts and withdraws the complaint.

The offended spouse may also demand to suspend the execution of the final court judgment in the best interest of the family.

The termination of the proceedings or the execution of court judgment shall apply to the co-offender.

CHAPTER VIII: OFFENCES RELATED TO HUMAN TRAFFICKING, ILLEGAL REMOVAL, SALE AND USE OF HUMAN BODY ORGANS

Section One: Human trafficking

Article 250: Definitions of terms

Under this Chapter, the following terms shall have the following meanings:

1° Human trafficking means the acts by

which the individual becomes a commodity consisting in recruitment, transfer of a person to another part of the country or to another country by use of deception, threat, force or coercion, position of authority over the person, in most cases for the purpose of harming his/her life or unlawfully exploiting by indecent assault, prostitution, unlawful practices, practices similar to slavery by torturing and subjecting to cruel treatment or domestic servitude because he/she is vulnerable due to troubles with the authorities, being a single pregnant woman, ill, disabled or due to other situation which impairs a normal person to act.

Human trafficking also means the exploitation of people by involving them in forced begging, illegal adoption upon payment, taking indecent pictures, harmful sports, armed conflicts and living together with them as husband and wife for the purpose of torturing them and selling their body organs.

2° Child trafficking means the recruitment, transportation, transfer, harbouring and kidnapping of children for personal interests even if the means used are other than those provided under item one of this Paragraph.

3° Exploitation means any form of interests based on sex, forced labour, slavery and other similar practices or the removal of an organ of a human being.

4° Country of origin means the country of birth of the victim of trafficking or the country in which the victim has the right of permanent residence in case he/she is transported to another country.

5° Country of destination means the country in which the victim of trafficking was found at the time of rescue.

6° Country of transit means the country through which the victim of trafficking was transported to another country.

7° Indecent practices means acts and behaviours contrary to the customs and morality which undermine the dignity and cultural identity of the human being committed in public and punishable by law.

Section 2: Trafficking persons out of the country

Article 251: Participating in trafficking persons out of the country

Any person who participates in any way, personally or through an intermediary , in trafficking a person out of Rwanda to a foreign country by:

1° means of deception, use of force, threat or any other form of coercion;

2° taking advantage of his/her troubles with the authorities, conflict with the law, being an orphan, a destitute, lonely, limited knowledge, hard labour, living in a family with children close in age, unemployment, disease, physical or mental disability, a loophole in the law or any other situation likely to impair a normal person to act;

shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

The penalties under this Article shall be doubled if the victim is a child.

Section 3: Human trafficking in general

Article 252: Penalty for human trafficking

Any person who abducts or causes to be abducted, arrests or causes to be arrested, detains or causes to be detained, transports or causes to be transported any person in order to make them slaves,   sell them as slaves, force them into begging, illegally adopt them on payment of a consideration, take them in indecent pictures, in dangerous sports, in armed conflicts, live together as husband and wife for the purpose of torturing them or selling their organs shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

If the acts under Paragraph One of this Article are committed at an international level, the offender shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of ten million (10,000,000) to twenty million (20,000, 000) Rwandan francs.

Article 253: Penalty for a person owning a place for human trafficking

Any person who takes advantage of the vulnerability of another person to sell, rent or assign a building or any other place for illicit exploitation of that person shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 254: Penalty for buying a human being

A person who buys a human being as provided under Articles 252 and 253 of this Organic Law shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 255: Penalties for a person engaged in trafficking in a human being for the purpose of indecent practices

Any person who:

1° recruits, induces, manipulates or holds any person in order to involve him/her in indecent practices to satisfy his/her sexual desire;

2° opens a centre intended for indecent acts;

3° sells, rents or lends a building or any other place for the purpose of indecent acts for his/her interests ;

4° pursues interests by involving another person in indecent acts;

shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of   five hundred thousand (500,000) to three (3) million (3,000,000) Rwandan francs.

Article 256: Penalties for trafficking in persons as a profession

The offences of buying, selling and trafficking in human beings under Articles 252, 253 and 254 of this Organic Law shall be punishable by a term of imprisonment of   seven (7) years to ten (10) years and a fine of two million (2,000,000) to ten million (2,000,000) Rwandan francs if elements of the offences are committed as a profession.

If the offences are committed as a profession within the framework of a criminal organization, they shall be punishable by a term of imprisonment of ten (10) years to twelve (12) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

Article 257: Temporary seizure and confiscation of places used for human trafficking

Buildings or any other places used for unlawful business may be seized by competent authority pending a final court decision on their confiscation or restitution to their owner.

The penalty of confiscation may be pronounced irrespective of whether or not the offender is not the property owner where it is found that the owner is aware of the acts committed in his/her buildings or other places used for unlawful business.

Section 4: Child trafficking

Article 258: Child kidnapping

Any person who kidnaps or removes a child out of the country shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Article 259: Penalties for a person who engages in child trafficking for the purpose of prostitution or indecent practices

Any person who:

1° engages in anti-culture by inciting, helping or facilitating a child to engage in indecent practices or in prostitution   to satisfy another person‟s sexual desire shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs;

2° involves a child aged twelve (12) to eighteen (18) years in prostitution or indecent practices shall be liable to a term of imprisonment of   more than five (5) years to seven (7) years and a fine of three million (3,000,000) to eight million (8,000,000) Rwandan francs;

3° involves a child under twelve (12) years into prostitution or indecent practices shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

Article 260: Penalties for child trafficking and involving children in indecent practices through different ways

Any person who personally or through an intermediary:

1° recruits, induces, manipulates or holds a child in order to involve him/her in indecent practices to satisfy another person‟s sexual desire ;

2° opens a building intended for indecent practices or prostitution in which children involve in indecent practices ;

3° sells, rents or lends a building or any other place to a child for the purpose of making profits from indecent practices committed by a child;

4° pursues interests by involving a child in any form of indecent practices;

shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

Article 261: Child trafficking by criminal organizations

If the offenses under Article 259 of this Organic Law are committed by members of a criminal organization as their principal or subsidiary occupation even if the offender is not in the leadership of the organization, they shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of eight million (8,000,000) to fifteen million (15,000,000) Rwandan francs.

Article 262: Penalties for members of a criminal organization whose occupation is to involve children in prostitution

If the offenses under Article 260 of this Organic Law are committed by a criminal organization whose occupation is to involve children in prostitution, they shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of ten million (10,000,000) to fifteen million (15,000,000) Rwandan francs.

Article 263: Decision to close a place intended for indecent practices or prostitution and penalties for the violation of that decision

Notwithstanding the person engaged in unlawful exploitation of a building or any other place intended for indecent practices or prostitution in which a child is involved, whether or not that person is the owner, tenant or manager, and despite the fact that the owner is a natural person or a legal entity, the Court may order the closure of the centre in which the offense was committed for a specified period not exceeding three (3) years, with effect from the date   the final judgment pronouncing the punishment imposed on the offender was passed .

The violation of the Court decision ordering the closure of the centre in which the crime was committed shall be punishable by a term of imprisonment of one (1) year to three (3) years and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

Section 5: Trafficking in human body organs

Article 264: Removal of one‟s organs for sale or for other interests

Any person who removes any of his/her body organs in order to sell it or for other interests shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one million (1,000,000) to three million (3.000.000) Rwandan francs.

Article 265: Removal of human organs for sale or for other interests

Any person who removes human organ or forces an other person to remove it for the purpose of selling shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of three million (3,000,000) to seven million (7,000,000) Rwandan francs.

Any person who removes a child body‟s organ or forces him/her to remove it for the purpose of begging shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 266: Trafficking in human body organs

Any person who:

1° sells body organs of a living person even if he/she proves that such person is expected to die shall be liable to a term of imprisonment of   more than five (5) years to seven (7) years and a fine of fifteen million (15,000,000) to thirty million (30, 000,000) Rwandan francs;

2° who sells a dead body or dead body organs contrary to scientific or rescue rules shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of thirty million (30,000,000) to fifty million (50,000,000) Rwandan francs;

3° sells the organs of a person he/ she has killed or when such removal may result in his/her death shall be liable to life imprisonment.

Article 267: Trafficking in human body organs in any other form

Any person who engages in trafficking in human body organs in any other form and products of body organs or engages for profitmaking purposes shall be liable to a term of imprisonment of more than five (5) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

Article 268: Trafficking in human body organs at international level

Any person who traffics in human body organs at international level shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of ten million (10,000,000) to fifteen million (15,000,000) Rwandan francs.

Section 6: Illegal use of human body organs and its products

Article 269: Removal of a human body organ or other body products from a sick person

Any person who removes a human body organ or other body products from a sick person with a disease which can affect the health of the donor or the recipient shall be liable for a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 270: Removal of a single and essential organ

Any person who removes a single and essential body organ which is vital to the preservation of life which cannot regenerate even if he/she wants to transplant that organ into another person shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

When the removal of a human body organ results in permanent loss of work of the donor, the person removing the organ shall be liable to a term of imprisonment of ten (10) years to twelve (12) years.

When the removal of a human body organ results in death, the person removing that organ shall be liable to life imprisonment.

Article 271: Removal of an organ or some of the body products from a dead person

Any person who removes an human organ or some of the body products from a dead person without his/her consent during his/her lifetime or if that removal prevents the determination of cause of death shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs.

Article 272: A medical doctor who removes a body organ from a person without a death certificate issued by an authorized person

Any medical doctor who removes a human body organ without producing a prior death certificate issued by an authorized person shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

CHAPTER IX: OFFENCES WHICH INFRINGE HUMAN RIGHTS

Section One: Offences which infringe human freedom

Article 273: Kidnapping and unlawful detention of a person

Any person who, by violence, deception or threats, kidnaps or causes to be kidnapped, arrests or causes to be arrested, detains or causes confinement of a person shall be liable to a term of imprisonment of two (2) years to five (5) years.

If the person kidnapped, arrested or detained is under eighteen (18) years, the maximum penalty provided under paragraph one of this Article shall be applied.

If the detention or the confinement exceeds one (1) month, the penalty may be seven (7) years.

Any person who provides a place for detention or confinement shall be liable to a term of imprisonment of two (2) years to five (5) years.

Article 274: Kidnapping or confinement of a person with intent to live together as wife and husband

Kidnapping or confinement of a person with intent to live together as wife and husband shall be punishable by imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to two hundred thousand (200,000) Rwandan francs.

Article 275: Forcing a person to marry or not to marry a partner of his/her choice

Any person who forces a person to marry or not marry someone in any way shall be liable to a term of imprisonment of one (1) month to five (5) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 276: Penalty for defamation and harassment of a person on the basis of sex with intent to humiliate him/her or his/her work

Any person who defames or harasses another person on the basis of sex with intent to humiliate him/her or his/her work shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of two hundred thousand (200,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Section 2: Offences against freedom of worship

Article 277: Hindrance of freedom of worship

Any person who:

1° by violence, insults or threats forces one or many persons or prevent them from practicing religion or celebrating religious festival of a legally recognized religious denomination;

2° by trouble or disorder, prevents, delays or interrupts a religious worship conducted publicly in a legally recognized manner;

shall be liable to a term of imprisonment of eight (8) days to three (3) months and a fine of twenty thousand (20,000) to three hundred thousand (300,000) Rwandan francs or one of these penalties.

Article 278: Publicly humiliating a religious worship

Any person who, by acts, speeches, gestures, writing or threats,   publicly humiliates   rites, symbols or objects of religion   either in place intended for or generally used for the practice of religion shall be liable to a term of imprisonment of at least fifteen (15) days but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 279: Insults, battery or injury upon a religious leader

Any person who, by acts, speeches, gestures or threats, humiliates a religious leader shall be liable to a term of imprisonment of six (6) months to two (2) years.

If that religious leader is beaten in the exercise of his/her ministry, the offender will be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

If the battery results in bleeding, bodily injuries or illness, the offender shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

CHAPTER X: OFFENCES AGAINST PRIVACY

Article 280: Violation of person‟s domicile

Any person who breaks into a household, a house, a room or an accommodation without lawful authority shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

If the person uses threats, housebreaking or fake keys, he/she shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 281: Invasion of personal privacy

Any person who, in any way, maliciously invades the privacy of another person by:

1° secretly listening and making known to the public his/her private statement without consent;

2° taking his/her picture or audio-visual recording without his/her permission;

shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000.000) Rwandan francs or one of these penalties.

If the acts under this Article are committed in full awareness of the persons concerned without opposing them while they were able to do so, their consent is presumed.

The penalties under Paragraph One of this Article apply to a person who preserves, makes known to the public in any way, any recording or document obtained as a result of the acts under Paragraph One of this Article.

Article 282: Publication of statements or pictures of a person different from the original

Any person who publishes, by any means, an unoriginal version of a person‟s statements, spoken or pictures and photos without explicitly stating that it is an unoriginal version shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 283: Breach of a professional secrecy

Any person serving as a keeper who reveals a professional secrecy entrusted to him/her by virtue of function, occupation or religious authority shall be liable to a term of imprisonment of six (6) months to two   (2) years and a fine of one million (1,000,000) to seven million (7,000,000) Rwandan francs or one of these penalties.

Article 284: Unpunishable breach of professional secrecy

Article 283 shall not apply in cases the law imposes or allows the revelation of a professional secrecy.

Nor does Article 283 apply to:

1° a person who informs the judicial or medical authorities of mistreatment or deprivation of what is essential to the health of a child or a person unable to protect him/herself because of physical or mental state ;

2° a medical doctor who informs the judicial authorities with the consent of the victim of physical abuses which damages genital organs noticed during his/her consultation.

Article 285: Offences against communication

Any person who, by use of any fraudulent means, opens, removes, delays or diverts correspondence or other written messages, whether or not they have arrived at their destination shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to three million (3,000.000) Rwandan francs or one of these penalties.

The penalties under Paragraph One of this Article shall apply for recording, intercepting, diverting or disclosing correspondence sent or received by any means of telecommunication or installing devices designed to carry out such interceptions without authorisation of the judicial or public prosecution authorities.

If the correspondence under Paragraphs One and 2 of this Article contains State secrets, the offender shall be liable to a term of imprisonment of (2) years to five (5) years and a fine of one million (1,000,000) to two million (2,000,000) Rwandan francs.

Article 286: Gathering of personal information in computers

Any person who gathers personal information or inserts and uses in computers and other specialized equipment personal information likely to adversely affect the dignity or the privacy of people shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 287: Recording and publishing personal information

Any person who records voices, keeps records or uses other means to save in computers and other specialized equipment personal information likely to adversely affect the dignity or the privacy of people   shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

If such information is made known to third parties who are not authorized to know it without consent of the concerned persons, the offender shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

Article 288: Defamation in public

Any person who, maliciously and publicly, commits a specific act against another person which is likely to damage the honour or dignity , or bring him/her to public contempt shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 289: Public insult

Any person who publicly insults another person shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 290: Defaming and insulting a person in a private area

Any person who, in any way whatsoever, defames or insults another person in a private area shall be liable to a term of imprisonment of seven (7) days to two (2) months and a fine of one hundred thousand (100,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 291: Legal action for offences against privacy

Legal action for offences under   this Chapter shall be instituted by the Public Prosecution upon request by the victim, his/her legally authorized representative or rightful claimant.

TITLE II: OFFENCES AGAINST PROPERTY

CHAPTER ONE: THEFT, EXTORTION AND MAKING OFF WITHOUT PAYMENT

Section One: Definitions of terms

Article 292: Theft

Theft is the fraudulent withdrawal or use of something belonging to another person.

Article 293: Climbing

Climbing means any breaking into houses, buildings, yards, gardens, parks and enclosures, carried out by a person over walls, doors, roofs and any other fence.

Article 294: Fake keys

Fake keys means any types of keys or objects which may be used as a key by a person other than the owner or any other authorized person.

Lost or stolen keys are also considered as fake keys when used to carry out theft.

Article 295: Night theft

Night theft is theft carried out between six (6.00) pm and six (6.00) am.

Article 296: Occupied house

An occupied house is any building, flat, accommodation, hut even a mobile one or any other place used as a dwelling or occupied by persons.

An outbuilding of an occupied house is any yards, gardens, animal sheds as well as other buildings constructed therein even if they form a separate enclosure within the main enclosure.

Article 297: Violence and threats

Violence means physically coercive acts committed against a person.

Threat is any means aimed at instilling fear of an impending danger.

Article 298: Housebreaking

Housebreaking consists of:

1° forcing, damaging , demolishing, digging, removing fence, a wall, windows, doors, the roof of a building, or any kind of buildings;

2° acts mentioned above committed on a vehicle, boat, aircraft or train;

3° breaking into cupboards or other locked furniture, used for keeping belongings even if the housebreaking has not been carried out in the place of location of the belongings.

Article 299: Extortion

Extortion means obtaining from a person by violence, threat or constraint, a signature, fingerprints, commitment or renunciation, revelation of a secret, handing over of funds, securities or any other asset.

Section 2: Theft without violence or threat

Article 300: Penalties for theft without violence or threat

Any person who commits theft without violence or threat shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two (2) to five (5) times the value of the stolen property or one of these penalties.

Article 301: Aggravating circumstances of theft without violence or threat

If:

1° the theft is committed through housebreaking, climbing or fake keys;

2° the theft is committed during the night in an occupied house or a dwelling place or in its outbuildings;

3° the theft is committed by a civil servant or a person in charge of any service of public interest;

4° the offenders, or any of them, usurped under false title or insignia of a civil servant or a person in charge of a service of public interest or with a false mandate from public authority;

the maximum penalty under Article 300 of this Organic Law shall be doubled.

Section 3: Theft committed with violence or threat

Article 302: Penalties for theft with violence or threat

Any person who commits theft with violence or threats shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five (5) to ten (10) times the value of the stolen asset.

If the violence or threats used in theft result in an illness or temporary loss of working capacity, the offender shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

If the violence or threats result in an incurable illness or a permanent loss of working capacity or permanent loss of a body organ, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

If the violence or threats are used with no intent to cause death but result in death, the offender shall be liable to life imprisonment.   Article 303: Aggravating circumstances of theft with violence or threats

Theft with violence or threats is punishable by a term of imprisonment of seven (7) years to ten (10) years if:

1° the theft is committed through housebreaking, climbing or fake keys;

2° the theft is committed by a civil servant in the course of his /her duties; 3° the offenders, or any of them, usurped under false title or insignia of a civil servant or with a false mandate from public authority ;

4° the theft is committed during the night by more than one (1) thief;

5° the theft is committed on public highway;

6° the thief or thieves had at their disposal a vehicle or any other means of transport meant to facilitate theft or escape.

Section 4: Armed robbery

Article 304: Definition of armed robbery and its punishment

Armed robbery is theft carried out by a person in possession of any instrument, utensil or any other sharp, piercing or blunt object which can be used to kill, injure or strike.

If the thief is in possession of an arm as defined under Paragraph One of this Article, whether the arm is visible or concealed, or if the arm he/she was carrying is found in the proximity of the crime scene, he/she shall be liable to a term of imprisonment of six (6) years to eight (8) years.

Article 305: Aggravating circumstances of armed robbery

A person who commits armed robbery shall be liable to an imprisonment of eight (8) years to ten (10) years under the following circumstances:

1° when the theft is committed by more than one (1) person;

2° when the arm he/she was carrying was used;

3° when the theft is committed in an occupied house or its outbuildings even if it is temporarily occupied or used for carrying out tasks.

If the robbery is committed by an organized gang, it shall be punishable by life imprisonment.

Section 5: Theft committed by use of computers or other similar devices

Article 306: Accessing a computer system belonging to another person without authorization

Any person who accesses another person‟s computer system or other similar devices without authorisation, in order to know recorded or transmitted data, by all means and regardless of the location, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 307: Fraudulent withdrawal of electronic data

Any person who withdraws data stored or sent electronically or through any similar way, which is not meant for him/her, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs.

Article 308: Modifying or erasing electronic data of another person

Any person who, without authorisation, modifies or erases intentionally any recorded or transmitted data through computerised devices or any other similar systems, or makes it useless, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

If acts mentioned in Paragraph One of this Article result in considerable damage to the victim, the judge may increase the term of imprisonment which shall be five (5) years to seven (7) years.

Penalties under paragraph 2 of this Article apply to any person, who introduces intentionally a virus into another person‟s computer or similar devices if such virus causes damage.

Article 309: Using electronic data for granting property

Any person, with authorization to use data recorded or transmitted through computerised devices, or by any other similar systems, intentionally uses them in incorrect, incomplete or resorts to a comparable procedure and gets or hides the property or passes it on to any unauthorized person, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of three million (3,000,000) to five million (5,000,000) Rwandan francs.

Any person, without a right to utilize any data recorded or transmitted through computerised devices, or any other similar systems, who intentionally uses them in an incorrect or incomplete way and gets or hides the property or pass it to any unauthorized person, shall be liable to the penalties set forth in Paragraph One of this Article.

Article 310: Fraudulent use of payment system

Any person who uses a credit card or any other similar means of payment while insolvent, or refuses to reimburse what was unduly obtained, and results in detrimental to the interest of the institution, while the institution had taken security measures to avoid the wrong use of the card, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs.

In the case of recidivism, the penalty shall be a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to six million (6,000,000) Rwandan francs.

Article 311: Fraudulent decoding of electronic devices

Any person who makes, imports or exports software or any other comparable systems which enable him/her or other persons to fraudulently use information and communication technology, the secrecy of television or a communication network and uses them privately or disseminates them, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of three million (3,000,000) to five million (5,000,000) Rwandan francs.

In case of recidivism, the offender shall be liable to a term of imprisonment of six (6) years to eight (8) years and a fine of six million (6,000,000) to ten million (10,000,000) Rwandan francs.

Article 312: Access and continuous fraudulent use of electronic data of another person

Any person who, fraudulently and in any way, accesses and remains in another person‟s automated data processing system or similar systems with intent to find out electronically stored or transmitted data,   regardless of the location, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs.

If the acts mentioned under Paragraph One of this Article delete or modify recorded or forwarded data, the offender shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of two million (2,000,000) to six million (6,000,000) Rwandan francs.

Article 313: Preventing or misguiding automated data processing system

Any person who prevents or misguides the running of automated data processing system or other similar system of another person shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs.

The offender shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs, if the automated data processing system or any similar system belongs to a State organ or to any other organ.

Article 314: Fraudulent introduction of data and software in a computer system

Any person who fraudulently introduces data and software in a computer system or any similar devices, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of three hundred thousand (300,000) to five hundred thousand (500,000) Rwandan francs.

Article 315: Legal action for offences under Articles 312 and 313 of this Organic Law

Legal action for the offences under Articles 312 and 313 of this Organic Law shall only be taken after a complaint of the offended person.

Section 6: Extortion by violence or constraint, threats, disclosure of secrecy or defamation

Article 316: Extortion by violence or constraint

Any person who obtains a signature, fingerprints, or handover of any document in connection with or containing a debt, transfer or discharge by violence or constraint shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs.

Article 317: Extortion by verbal or written threats, disclosure of secret or defamation

Any person who uses verbal or written threats, disclosure of secret or defamation with respect to another in order to obtain money or cash value effects, a signature or handover of any document in connection with or containing a debt, transfer or discharge, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Section 7: Fraud and deceit

Article 318: Obtaining the property of another person by fraud

Any person who, intentionally obtains a property belonging to another person fraudulently or by using false names or qualities, to give rise to hope or fear of harm and obtains a part or whole of a fortune shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of three million (3,000,000) to five million (5,000,000) Rwandan francs.

If a person commits an offence with intention to deliver share credentials, bonds, vouchers, shares, or any other cash value, relating to a company, business or industry, he/she shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

If the offences under Paragraph One of this Article are committed by either of the spouses, restitution shall be ordered.

Article 319: Deceiving in a contract

Any person who deceives a contracting party:

1° on the nature, the substantial quality or composition of all merchandise;

2° on the kind or origin of the items, in case this was the main cause of their delivery or sale;

3° on the quantity or identity of the purchases, by delivery of an item in place of the one agreed upon;

shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 320: Deceiving in a contract on the quality of the executed work

Any person who, by fraudulent means, deceives the contracting party to a work agreement, on the quality or quantity of the executed work shall be liable to the penalties under Article 319 of this Organic Law.

Article 321: Non payment of bills

Any person who knows that he/she is unable

to pay orders food or drinks in a commercial place, or lodge, or hires a motor vehicle or orders fuel and any other items which cannot be reused or returned to the seller, shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of twice (2) to ten (10) times the value of the ordered item, or one of these penalties.

The offences under Paragraph One of this Article shall only result in legal action if the aggrieved party complains.

Payment of the price and court costs by the respondent or withdrawal of the case by the complainant terminates the criminal action.

Section 8: Breach of trust and vulnerability of a person

Article 322: Penalty for breach of trust

Any person who fraudulently obtains or squanders any property to the detriment of another person or any property entrusted to him/her meant for restitution to the owner or for intended use, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs.

If the offences under Paragraph One of this Article are committed by one of the spouses, he/she shall be ordered to restitute the property entrusted to him/her.

Article 323: Selling or pledging as a security a property belonging to another person

Any person who sells or pledges as a security immovable or movable property with full knowledge that it does not belong to him/her, shall be liable to the penalty under Paragraph One of Article 322 of this Organic Law.

Article 324: Abuse of a person due vulnerability

Any person who abuses another person due of his/her weaknesses, passions, needs or ignorance to obtain, for his/her own interest or that of a third party, an interest or any advantage exceeding the normal interest in a contract or any contract giving him/her

immovable or movable property, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Section 9: Embezzlement or destruction of property

Article 325: Penalty for embezzlement or destruction of property

Any employee who:

1° embezzles public or private property, funds, negotiable instruments, documents, or movable property which are entrusted to him/her, by virtue of his/her office;

2° fraudulently destroys or embezzles negotiable instruments under his/her care or which have been communicated to him/her by virtue of his/her office;

shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of two (2) to five (5) times the value of the embezzled or destroyed property.

Section 10: Concealment of objects obtained from an offence, used or meant to commit an offence

Article 326: Concealment of objects obtained from an offence

Any person who knowingly conceals in all or in part extorted or embezzled objects, or objects obtained from an offence other than a felony, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two (2) to ten (10) times the value of the concealed goods or one of these penalties.

Any person who knowingly conceals objects obtained from a felony, shall be liable to imprisonment of two (2) years to five (5) years and a fine of five (5) to ten (10) times the value of the concealed goods, or one of these penalties.

Any person who knowingly gets profits from a concealed object obtained from an offence other than a felony shall be liable to the penalties under Paragraph One of this Article.

Any person who knowingly gets profits from a concealed object obtained from a crime shall be liable to the penalties under Paragraph 2 of this Article.

Article 327: Concealing objects which were used or meant to commit an offence

Any person, apart from an offender or his/her accomplice who:

1° knowingly conceals any object or tools which was used or meant to commit a crime or a misdemeanour, tools or documents obtained from a crime or misdemeanour;

2° steals, conceals, alters or willfully destroys by any means objects which would facilitate the prosecution of a crime or misdemeanour, identification of evidence or punishment of the offender;

shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five hundred thousand (500,000) to two millions (2,000,000) Rwandan francs.

Section 11: Keeping a found item

Article 328: Fraudulent keeping of another person‟s found item

Any person who, after finding or accidentally obtaining movable property belonging to another person, intentionally keeps it or fraudulently delivers it to another person, shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of twice (2) years to ten (10) times the value of the found property or one of these penalties.

Section 12: Special provisions

Article 329: Counterfeiting or alteration of keys

Any person who, fraudulently, forges or alters keys or uses a master key shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs or one of these penalties.

If the offender is a locksmith, he/she shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs.

Article 330: Appropriating a spouse‟s personal belonging

If one of the spouses married under the community property regime appropriates a personal belonging of the other spouse, he/she restitution of the appropriated belonging shall be ordered.

Legal action for such an offence shall only be taken after a complaint by the complainant.

Article 331: Intentional destruction or appropriation of seized or confiscated property

Any custodian or person who intentionally appropriates, damages or destroys confiscated or seized property, shall be liable to a term of imprisonment of six (6) months to two (2) years and ordered restitution of the value equal to that of the damaged or appropriated property.

The penalties under Paragraph One of this Article shall also apply to any debtor, borrower or any other pledger who destroys or appropriates property pledged as a security.

Article 332: Theft of a motor vehicle for the purpose of selling it in a foreign country

Any person who steals a motor vehicle in any country in order to sell it in another country, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five million (5,000,000) to twenty million (20,000,000) Rwandan francs.

CHAPTER II: COMMERCIAL AND COOPERATIVE OFFENCES

Section One: Fraudulent bankruptcy

Article 333: Grave fraudulent bankruptcy

Any insolvent business person who fraudulently:

1° misappropriates, conceals all or part of his/her assets;

2° accepts debts that he/she does not owe;

3° conceals his/her account books;

commits grave fraudulent bankruptcy and shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one hundred thousand (100,000) to one million (1, 000, 000) Rwandan francs.

Article 334: Simple fraudulent bankruptcy

Any insolvent business person who:

1° for his/her personal interest or for his/her family incurs excessive expenses;

2° on failure to pay, favours one of the creditors to the detriment of others;

3° dissimulates his/her insolvency, purchases items which he/she sells at a lower price than the market price, or indulges in taking loans, delivers cash value effects, or any other way meant to cause bankruptcy, in pursuit of getting cash;

4° forges expenses or losses incurred or does not justify all real assets inherent to trade which he/she might have obtained after the date on which he/she became insolvent or does not justify what he/she has used since his/her last audit;

commits simple bankruptcy and is liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 335: Acts which qualify as simple fraudulent bankruptcy

Any insolvent business person who:

1° does not keep records or does not carry out lawful inventory;

2° is found with irregular books of accounts, written in a language other than which is prescribed by the law;

3° is found with books of accounts not showing real assets and liabilities but without   fraud;

4° signs agreements which grant excessive credits, compared to his/her assets at the time of contracting the credit, with no security set aside;

5° fraudulently causes bankruptcy to be ascribed to him/ her while being actually not poor;

6° after bankruptcy, does not observe obligations inherent to agreements with his/her creditors, or the winding up arrangements have been pronounced against him/her;

7° has not declared his/her insolvency under terms and conditions provided for by the law relating to the settling of issues arising from insolvency;

8° without a legitimate reason, is absent or does not reply to the notification of the judge or the trustee in bankruptcy on having been summoned;

commits simple fraudulent bankruptcy and shall be liable to the penalties under Article 334 of this Organic Law.

Section 2: Offences similar to fraudulent bankruptcy

Article 336: Fraudulent bankruptcy committed by representatives of an insolvent company

Any director, manager or liquidator, in other words any representative but not dealer of an insolvent company, who fraudulently:

1° misappropriate or conceals assets of the company;

2° ascribe debts to the company which it does not owe;

3° conceals records of the company;

4° does not publish acts of the company or any modifications under terms and conditions provided for by the law;

5° declares false reports;

6° causes bankruptcy of the company;

7° due to the absence of a balance sheet, or by means of a false balance sheet, allocates among share holders dividends not drawn from real profits;

8° favours one creditor to the detriment of other creditors;

9° engages in overspending of the assets of the company;

10° spends large amounts of money in games or any other transactions of pure chance;

11° purchases and sells below market price or takes large amounts of loans, put negotiable instruments into circulation or adopt any other ruinous means of procuring funds;

shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to five million (5, 000, 000) Rwandan francs.

Article 337: Poor book-keeping

Any administrator, director, manager or liquidator in other words any representative but not dealer of an insolvent company, who due to his/her fault, is found with:

1° books of accounts with no entry posted in, prescribed accounting unexecuted, or written in a language other than that which is prescribed by the law, account books that are not completed and do not show the exact profit or loss of the company, without any fraud;

2° omission of the declaration of the company insolvency under terms   and conditions provided for by the law relating to the settling of issues arising from insolvency;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 338: Refusal to provide information about an insolvent company

The representatives of the company who, when a company has been declared insolvent, do not provide information or give inaccurate information to the judge or trustees, or do not respond in person to summons from authorities without reasonable cause, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200.000) to one million (1,000,000) Rwandan francs or one of these penalties.

Any liquidator of the company or any person who directly or through a third party, administer, manage or liquidate a company on behalf of the legal representatives, who intentionally misappropriate the property or fraudulently makes him/her self a debtor for amounts not owed, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

Article 339: Refusal to provide information on an insolvent company by its directors

Provisions of Articles 336 to 338 of this Organic Law shall apply to any legal representative or to any other authority by virtue of their duties, directly or indirectly.

Article 340: Removal or fraudulent concealment of assets in favour of the bankrupt

Any person who:

1° in the interest of the bankrupt, removes, embezzles or conceals, all or part of his/her assets;

2° fraudulently presents oneself or through a third party with fictitious debts;

3° as the administrator who embezzles property entrusted to him/her;

shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

Article 341: Fraudulent dealings with a bankrupt

Any persons who fraudulently deals with a bankrupt or any other persons, expecting to receive any advantage as a result of making biased decisions in the bankrupt‟s favour, or engages in any special deal likely to result in an advantage to the detriment of the creditors, shall be liable to a term of imprisonment of (6) months to two (2) years and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Section 3: Other offences committed in business

Article 342: False statement

Any person required to provide a document who:

1° makes or authorizes the making of, the document that is false or misleading;

2° deliberately omits or authorizes the omission of any matter whose omission makes the document false or misleading on an important matter;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000, 000) Rwandan francs or one of these penalties.

Article 343: Submitting a false document or report

Any director or employee of a company who intentionally makes or authorizes the making of a false or misleading document or report on activities of a company by:

1° any of the members of the board of directors, employee, inspector, shareholder, debenture holder, or trustee for debenture holders of the company;

2° a liquidator, liquidation committee or receiver or manager of property of the company;

3° where the company is a subsidiary, a member of the board of directors, employee or inspector of its holding company;

4° a stock exchange or an officer of a stock exchange;

shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to five million (5,000, 000) Rwandan francs or one of these penalties.

Article 344: Fraudulent use and destruction of company‟s property

Any of the members of the board of directors, employee or shareholder of a company who:

1° fraudulently uses the property of the company for his/her own benefit or for a purpose other than the intended use;

2° fraudulently conceals or destroys any property of the company;

shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 345: Falsification of records

Any of the members of the board of directors, employee or shareholder of a company who, with intent to defraud or deceive a person:

1° destroys, displaces, tears, alters, falsifies or is a party to the destruction, tearing, alteration, or falsification of any register, accounting records, paper or other document belonging or relating to the company;

2° makes or is a party to the making of a false entry in any register, accounting records, book, or other document belonging or relating to the company;

shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of two million (2,000,000) to seven million (7,000,000) Rwandan francs or one of these penalties.

Article 346: Using a fraudulent document

Any person who, using a mechanical, electronic, or other device used in connection with the keeping or preparation of any register, accounting book, paper or other books or documents belonging to a company:

1° intentionally records or makes available false information on important matter;

2° knowingly destroys, removes or falsifies any information recorded or stored, or intentionally omits to record or store it;

shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of two million (2,000,000) to seven million (7,000,000) Rwandan francs or one of these penalties.

Article 347: Fraudulent business acts

Any person who is a party to a company doing business with intent to defraud creditors of the company or any other person, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two million (2,000,000) to seven million (7,000,000) Rwandan francs or one of these penalties.

Article 348: Penalties for fraudulent acts

Any of the members of the board of directors of a company who :

1° by impersonation or other fraud induces a person to give credit to the company;

2° defrauds creditors of the company:

  1. by giving, transferring, or causing a charge to be given on property of the company to another person;
  2. causing property to be given or transferred to any person;
  3. causing or being a party to an execution levied against any property of the company;

shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

Section 4: Offences against capital market

Article 349:Definitions of terms

Under this Chapter, the following terms shall have the following meaning:

1° An individual who engages in insider dealing is a person who uses insider information to deal in capital market instruments which can influence the prices on the capital market.

2° An individual who has insider information is deemed to have used the information to deal in the capital market if:

  1. he/she encourages another person to deal in the capital market instruments whether or not that other person knows that the information is price sensitive ;
  2. he/she discloses the information of his/her employment or profession to another person and that person uses that information in dealing in capital market instruments that are price sensitive.

3 º Inside information means information which is price-sensitive in relation to capital market instruments and which:

  1. relates to capital market instruments or an issuer thereof;
  2. is specific or authentic and has not been made public;
  3. if made public would likely have an effect on the price of a capital market instruments.

4º A person has information deemed inside information if:

  1. he/she knows well that it is an inside information;
  2. he/she has the inside information and is sure he/she got it from an inside source.

5 º A person has inside information if:

  1. the person knows the inside information through being a board member, employee or shareholder of an issuer of capital market instruments;
  2. the person has access to the inside information by virtue of his/her employment, office or profession;
  3. the direct or indirect source of this information is a person referred to under items1°and 2° of this Paragraph.

Article 350: Conducting capital market business without a licence or approval

Any person who carries out or purports to carry out capital market business without a licence or approval shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of fifteen million (15, 000,000) to fifty million (50,000,000) Rwandan francs or one of these penalties.

Article 351: Employing a disqualified professional

Any person who employs a disqualified professional shall be liable to a fine of five million (5, 000,000) Rwandan francs.

Article 352: Misleading practices and statements

Any person who makes a statement, promise or forecast which he/she knows to be misleading, false, deceptive inducing another person to enter into, or to refrain from entering into an investment agreement or to exercise any rights conferred by a capital market instrument commits an offence.

Any person who commits any act which creates a false or misleading impression as to the price of a capital market instruments or induces other persons to acquire, dispose of or underwrite capital market instruments, commits an offence.

However, in the case of prosecution of offenses referred to under this Article, the accused person may prove that he/she reasonably believed that his/her act would not be false or misleading.

Any person convicted of an offence mentioned under this Article shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of ten million (10,000,000) to fifty million (50, 000,000) Rwandan Francs or one of these penalties.

Article 353: Failure to comply with investigation requirements

Any person who fails to comply with a requirement imposed on him/her by investigators without reasonable excuse ,shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five million (5,000,000) Rwandan francs or one of these penalties.

Any person convicted of such an offence may also be ordered to pay all the expenses associated with the investigation.

Article 354: Interference with inspection

Any person who intentionally interferes with inspection by failing to comply with the requirement to provide required documents, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of twenty million (20,000,000) Rwandan francs or one of these penalties.

Article 355: Offence of insider dealing and market abuse

Any person who has information as an insider and uses it in dealing in capital market instruments or by committing market abuse, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of ten million (10, 000, 000) to one hundred million (100,000,000) Rwandan francs or one of these penalties.

Article 356: Providing auditors with false or misleading information

Any licensed or approved person and any officer or manager of a licensed or approved body, who knowingly or recklessly furnishes an auditor with false or misleading information, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five million (5, 000,000) Rwandan francs or one of these penalties.

Article 357: Providing false and misleading statements

Any person who knowingly provides false or misleading information for the purposes of being licensed or approved or complying with some of the requirements imposed by the Law regulating capital market in Rwanda commits an offence.

Any person who is not licensed, approved or exempted and purports to be licensed, approved or exempted commits also an offence.

Any person who purports to have the status of an approved securities exchange, clearing house, or credit rating agency but does not have such status commits an offence.

Any person who commits any of the offences under this Article shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of ten million (10,000,000) Rwandan Francs or one of these penalties.

Article 358: Disclosure of confidential information

Any person convicted of disclosing confidential information in accordance with the provisions of the Law regulating capital market in Rwanda, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five million (5,000,000) Rwandan francs or one of these penalties.

Section 5: Penalties for contravening legal provisions regulating collective investment schemes

Article 359: Penalty for unregistered scheme or unlawful registration

Any person who contravenes provisions of the Law regulating collective investment schemes or regulations issued by the Capital Market Authority shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

Article 360: Penalty for a person who participates in an unlawful registered scheme or acts as a promoter

Any person who, whether acting on his/her own account or on behalf of a third party, knowingly:

1° provides governance, investment management or custodial services to an unregistered scheme or to an unlawful registered scheme;

2° behaves or acts as one of the collective schemes governors while he/she has not been legitimately appointed or elected;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of ten million (10,000,000) to twenty million (20,000,000) Rwandan francs or one of these penalties.

Article 361: Penalty for a person who acts as a member of the board of directors of a collective scheme while he/she has not been appointed or elected

Any person, acting on his/her own account or on behalf of a third party who behaves or acts as a company managing a scheme or a promoter, investment manager or custodian or provides governance, investment management, or custodial services to a scheme, that is not licensed, or whose licence is suspended or has been revoked shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of ten million (10,000,000) to twenty million Rwandan francs (20,000,000) or one of these penalties.

Article 362: Penalties for interfering with the collective investment scheme’s supervising company, refusal to provide information to that company, to a capital market authority or to auditors

Any person who interferes with a company that supervises a collective investment scheme, refuses to provide information to that company, interferes with an auditor from carrying out obligations under this law, or does not respond to the Capital Market Authority’s request for information under the law, or provides false information, shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Section 6: Offences committed in cooperative societies

Article 363: Use of cooperative society’s name for personal interests

Any person who, knowingly and willingly uses, for his/her own interest, the name of the cooperative society for which he/she is a member or not, shall be liable to a term of imprisonment of one (1) month to three (3) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 364: Pledging a share as a security

A member of a cooperative society who pledges his/her share as a security shall be liable to a term of an imprisonment of fifteen (15) days to one (1) month and a fine of twenty thousand (20,000) to two hundred thousand (200,000) Rwandan francs or one of these penalties.

Article 365: Concealing information concerning mismanagement of a cooperative society

An auditor or any person assisting him/her who conceals the information concerning mismanagement of a cooperative society in complicity with and for the benefit of the cooperative society managers, and it is established that he/she did it knowingly and deliberately shall be liable to a term of imprisonment of at least one (1) month but less than six (6) months and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 366: Refusing to convene a meeting, preventing other persons to convene the meeting, dividing members of a cooperative society for personal interest

A leader of a cooperative society who fails to convene a meeting in prescribed time and without giving adequate reasons or prevents those with powers from convening it, divides members, seeks their support in his/ her wrong doing or advises the members not attend the meetings intended to examine the management of the cooperative society‟s property especially with the intention of retaining power, embezzling or protecting any other person who has embezzled the property of the cooperative society, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to one (1) million Rwandan francs or one of these penalties.

Article 367: Failing to produce documents, books, or property of a cooperative society

Any employee in charge of a cooperative society who is requested to present

documents, books or property of the cooperative society but refuses to provide such information, shall be liable to a term of imprisonment of at least one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 368: Making false reports and misuse of books of accounts

Any person who:

1° knowingly and deliberately makes a false report or provides false information concerning the business of a cooperative society;

2° fails to balance accounts or makes false entry accounts;

3° destroys books or tears documents of a cooperative society;

4° alters or falsifies documents of a cooperative society makes any false or fraudulent entry in a books of accounts or in other documents of the cooperative society;

shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of one million (1,000,000) to five million (5.000.000) Rwandan francs.

Section 7: Punishment of tax offences

Article 369: Tax evasion

A taxpayer who is guilty of tax evasion shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months and a fine equal to the evaded tax.

If the taxpayer is guilty of deliberate tax evasion, such as false deliberate accounting entries, forgery and falsification of records or any other act punishable by law, he/she shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine equal to the evaded tax.

Article 370: Non-payment of withholding tax

A person responsible for deducting withholding tax who deliberately fails to deposit it to tax authorities shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine equal to the evaded tax.

Article 371: Non- payment of required tax

Subject to the provisions of Articles 369 and 370 of this Organic Law, any person who commits any act of non-payment of required tax shall be liable to a term of imprisonment of six (6) months to two (2) years

Section 8: Offences on negotiable instruments and payment systems

Article 372: Fraudulently receiving funds or cash instruments

Any person who, fraudulently causes to be given funds, cash instruments or discharge using a bill from a person who does not exist, or a person who did not authorize him/her to carry out any withdrawal of money with knowledge that he/she is not a debtor on the date the transaction is made or on the date of receiving the funds, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of twice (2) to ten (10) times the value of these cash instruments or one of these penalties.

Article 373: Issuing a bouncing cheque

Any person who:

1° knowingly issues a bouncing cheque;

2° withdraws after issuing a cheque for all or part of the funds or prevents payment except in the case of loss or fraudulent withdrawal, bankruptcy or incapacity to receive payment;

3° issues a cheque from another person knowing that there are no funds on his/her account or that the funds are insufficient;

4° knowingly receives a cheque issued under the conditions provided under items 1 º, 2 º and 3 º of this Paragraph;

shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five (5) to ten (10) times the value of that cheque.

The Judge may also impose some of the additional penalties under Article 31 of this Organic Law.

Article 374: Payment before any legal action is taken against issuing a bounced cheque

Any person who issues a bouncing cheque and pays the bona fide bearer of the cheque before commencement of legal proceedings shall be liable to a fine of twenty thousand (20,000) to fifty thousand (50,000) Rwandan francs.

Article 375: Penalty for an offence committed in payment systems

Any person who:

1° operates a payment system or issues payment instruments without having obtained from the Central Bank a licence for this purpose;

2° does not respond to the Central Bank‟s request for information or who knowingly provides inaccurate information ;

3° interferes in any way with the Central Bank‟s exercise of its supervision mandate or hampers the work of the external auditor, or refuses to give him/her access to all documents relevant to the accomplishment of his/her mission.

shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

CHAPTER III: OFFENCES AGAINST INTELLECTUAL PROPERTY

Article 376: Definitions of terms

For the purposes of this Organic Law:

1° intellectual property: means the rights relating to literary, artistic and scientific works, to performances of performing artists, phonograms, and broadcasts, to inventions in all fields of human endeavour, to scientific discoveries, to industrial designs, to trademarks, service marks, and commercial names and designations, to protection against unfair competition, and all other rights resulting from intellectual activity in the industrial scientific, literary or artistic fields;

2° trade name: means the name or designation identifying and distinguishing the company of a natural or legal person;

3° phonogram producer: means the physical person or legal entity, who, at the first time, fixes the sounds of a performance or of other sounds, or of a representation of sounds;

4° act of piracy: means any industrial or commercial use, in the Republic of Rwanda, of an invention, utility model, industrial design and model, mark or other distinctive sign of business, trade name, geographical indication or layout design integrated circuit, which is the subject of a protection title granted under the law and made by any person other than the owner of the title and without his/ her consent;

5° act of unfair competition: means any act or practice which, in the exercise of industrial or commercial activities, is unlawful or contrary to honest use;

6° confusion: means an act which may be caused with respect to:

  1. a trademark, whether registered or not;
  2. a trade name ;
  3. a business identifier other than a trademark or trade name ;
  4. the appearance of a product ;
  5. the presentation of products or services;
  6. a celebrity or a well-known fictional character.

7° Discredit: may arise out of advertising or promotion and may, in particular, occur with respect to:

  1. the manufacturing process of a product;
  2. the suitability of a product or service for a particular purpose;
  3. the quality or quantity or other characteristics of products or services;
  4. the conditions on which products or services are offered or provided ;
  5. the price of products or services or the manner in which it is calculated;

8° misleading the public means an act that may arise out of advertising or promotion and may, in particular, occur with respect to:

  1. a) the manufacturing process of a product;
  2. b) the suitability of a product or service for a particular purpose;
  3. c) the quality or quantity or other characteristics of the product;
  4. d) the nature of the product , designs, marks and the patent of a competitor or an enterprise whose activities are similar to those of another enterprise;
  5. e) the geographical origin of products or services ;
  6. f) the conditions on which products or services are offered or provided ;
  7. g) the price of products or services or the manner in which it is calculated.

9° damaging another‟s image or reputation means an act that results from the dilution of the goodwill or reputation attached to:

  1. a trademark, whether registered or not;
  2. a trade name;
  3. a business identifier other than a trademark or a trade name;
  4. the appearance of a product;
  5. the presentation of products or services;
  6. a fictional character.

10° confidential information:

  1. is not known or readily accessible due to the kind of information in question or the way in which it is kept;
  2. information which has commercial value;
  3. information which has been subject to reasonable steps under the circumstances by the rightful holder to keep it confidential .

Any person who willfully or by gross negligence infringes copyrights or related rights protected by the law, for profit-making purposes and without owner‟s right consent, who knowingly sells, offers on sale, is making rent, detains or introduces on the territory of the Republic of Rwanda, the alleged infringing goods for commercial purposes, subsequently uses another person‟s trade name, be it in the form of a trade name, mark or collective mark, in the same way as any use of a similar trade name or a similar mark likely to mislead the public shall be deemed to have committed the offence of piracy.

Article 377: Penalties for piracy

Any person who commits an offence of piracy shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

Article 378: Penalties for unfair competition

Any person who commits any act of unfair competition shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

Article 379: Causing confusion with respect to another‟s enterprise or activities

Any person who engages in any act or practice, in the course of industrial or commercial activities, that causes, or is likely to cause, confusion by any means with respect to a competitor‟s or another‟s enterprise or its activities, in particular, the products or services offered by such an enterprise, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

Article 380: Discrediting another‟s enterprise or activities

Any person who makes false or fallacious allegation, in the course of industrial or commercial activities, that discredits, or is likely to discredit, a competitor‟s or another‟s enterprise or its activities, in particular, the products or services offered by such an enterprise, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

Article 381: Penalties for fraudulent producer of phonograms and its publisher

Any person who acts as a fraudulent producer of phonogram and a publisher shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

The penalties under Paragraph One of this Article shall also apply to a person who fraudulently uses the name of the author or his/her distinctive sign on a literary, artistic or scientific work, so as to identify his/her own work.

Article 382: Penalties for a retailer of forgery products

Any person who retails forgery products shall be liable to a fine of twenty thousand (20,000) to one hundred thousand (100,000) Rwandan francs.

Article 383: Communication of work without prior authorization

Any broadcasting organization or communication company by means of radio electrical waves communicates a protected work, without prior authorization of right‟s owner or his/her rightful claimants, shall be liable of a fine of five hundred thousand (500,000) to one million   (1,000,000 ) Rwandan francs.

Article 384: Granting or using an authorization in the name of performing artists without authorization by the owner

Any person who grants authorization in the name of performing artists without being duly authorised by the owner, or any person who knowingly acts under false authorization shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 385: Stealing or using in a fraudulent manner a formula of invention

Any person who steals or uses by fraudulent manner a formula of invention in any industrial activity shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of five (5) to ten (10) times the value of profits attributable to the infringement.

Article 386: Additional penalties

In addition to the penalties mentioned in this Chapter III, the competent court may order the seizure, forfeiture and destruction of the items in connection with the offence and all materials or instruments used in the commission of the offence.

CHAPTER IV: OFFENCES AGAINST WATER AND ELECTRICITY RESOURCES

Section One: Offences against water resources

Article 387: Penalties for failure to declare, abuse of authorisation and demarcation

Any person who engages, exploits or participates in an act that is not in conformity with the operation and provisions of the law relating to the use, conservation, protection and management of water resources shall be liable to:

1° a fine of twenty five thousand (25,000) to one hundred thousand (100,000) Rwandan francs, if it is the declaration receipt;

2° a fine of fifty thousand (50,000) to one hundred and fifty thousand (150,000) Rwandan francs, if it is the authorisation;

3° a term of imprisonment of one (1) month to three (3) months and a fine of one hundred thousand (100,000) to three million (3,000,000) Rwandan francs or one of these penalties, if it is about a demarcation.

The judge may impose the suspension or termination of the installation materials. Suspension or termination are payable by the offender.

Article 388: Polluting inland waters

Any person who pollutes inland waters by dumping, spilling or depositing chemicals of any nature into waters, that may cause or increase water pollution, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs, or one of these penalties.

If pollution results in incurable disease or permanent disability to any person, the penalty shall be a term of imprisonment of ten (10) years to fifteen (15) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

If pollution results in death of any person, the offender shall be liable to life imprisonment.

In case of recidivism, the penalties mentioned under Paragraphs One and 2 of this Article shall be doubled.

The offender may be ordered to rehabilitate the polluted area.

In case of indifference, persistence in the refusal and conflict, relevant authorities may do so but the cost is paid by the person concerned.

Article389: Penalties for throwing, pouring, flowing or dumping into water a substance likely to harm health or environment

Any person who throws, pours or flows in the surface or underground waters, directly or indirectly one or several substances likely to harm health or environment, shall be liable to a term of imprisonment of one (1) month to three (3) months and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 390: Penalties for destroying a water catchment protection perimeter

Any person who does not comply with restrictions and prescriptions established in a protective perimeter of water catchments of human consumption, shall be liable to term of imprisonment of six (6) months to one (1) year and a fine of twenty five thousand (25,000) to two hundred fifty thousand (250,000) Rwandan francs or one of these penalties.

Article 391: Penalties for non respect for disaster mitigating measures

Any person who does not comply with limitation measures, temporary or definitive on preventing disasters mentioned in the Law regulating the use, conservation, protection and management of water resources, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 392: Penalties for non- compliance with waste water sanitation network

Any person who fails to connect to the collective domestic wastewater sanitation network shall liable be to a fine of twenty five thousand (25,000) to one hundred thousand (100,000) Rwandan francs.

The penalties under Paragraph One of this

Article shall apply in case of failure to comply with collective or individual sanitation.

Article 393: Penalty for non conformity with quality standards

Any person who owns or is delegated to provide water for human consumption that does not conform to the prescribed drinking water quality standards shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 394: Penalty for fraudulent use of water

Any person who unlawfully consumes water through clandestine or fraudulent adjusting shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 395: Penalties for abusive use of water

Any person who voluntarily or carelessly misuses water for any purpose shall be liable to a fine of twenty five thousand (25,000) to a hundred thousand (100,000) Rwandan francs.

The penalty under the preceding paragraph applies to any person who fails to inform the authority in charge of water of any malpractice in the sector of water.

Section 2 : Offences against electric power resources

Article 396: Penalties for a manager or an employee of an enterprise who engages in an activity of electric power transmission, or wholesale or retail without a licence

Any manager or employee of an enterprise manager, who engages in an activity of electric power transmission, or wholesale or retail without a licence shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 397: Penalties for a manager who violates the provisions of the licence for electric power sale and transmission

Any manager who makes a decision which violates the provisions of the licence for electric power sale or transmission shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

CHAPTER V: FIRE, DEMOLITION AND ENVIRONMENTAL DEGRADATION

Section One: Fire

Article 398: Arson

Any person who willfully sets fire to buildings, stores, ships, vehicles, aircrafts, trains, any occupied building or a building used as an abode and any other place, whether occupied or not, if the offender expected one or more people to be at that place at the time the offence was committed shall be liable to a term of imprisonment of ten (10) years to twenty five (25) years.

Article 399: Arson of another person‟s unoccupied building

Any person who willfully sets fire to a building, or any other construction belonging to another person which was made to be inhabited but not occupied at the time of arson, shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 400: Arson of forests, woodlands, crops, cut down wood or harvested crops

Any person who commits arson of forests, woodlands, crops, cut down wood or harvested crops shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of three hundred thousand (300.000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 401: Arson by property‟s owner

Any person who maliciously or fraudulently sets fire to any of his/her own house, building, forests, standing crops, cut down woods or harvested crops, or other valuable objects shall be liable to the penalty under Article 400 of this Organic Law.

Article 402: Setting fire to any object which causes another object to catch fire

Any person who sets fire to any object which causes the targeted object to catch fire shall be punished as if he/she had directly set fire on the targeted object.

Article 403: Arson which results in death of persons

Where the offender who set fire had the knowledge that there were persons at the premises at the time of the commission of the crime and if death was contemplated as a consequence of this fire, the offender shall be liable to life imprisonment.

If the fire causes serious permanent incapacity to persons, the penalty shall be an imprisonment of ten (10) years to twelve (12) years.

Article 404: Causing fire on another person‟s property

Any person who causes fire on another person‟s property because of lack of foresight or precaution shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of three hundred thousand (300,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Section 2: Demolition

Article 405: Constructing, demolishing and ordering the demolition of a building unlawfully

Any person who carries out construction works, demolishes, orders demolition of buildings or conducts urban planning operations contrary to the Law relating to urban planning and organization shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

The Court may order demolition of buildings constructed and restoration of the premises to its original condition.

Article 406: Demolishing or damaging another person‟s buildings

Any person who willfully destroys or damages in any way, in all or a part, buildings, bridges, dams, water pipes, water pipe routes, roads, railways or any other means of communication or electric power infrastructure, wells or any other buildings which do not belong to him/her, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of twice (2) to ten (10) times the value of the damaged property.

If the destruction or damage was willfully caused using dynamite, bombs, arms or any other explosive substance, the penalty shall be an imprisonment of seven (7) years to ten (10) years and a fine of five (5) to ten (10) times the value of the damaged property.

If the willful destruction or damage results in a permanent incapacity, the offender shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

If the willful destruction or damage results in the death of one or more persons, the penalty shall be life imprisonment.

Article 407: Demolition of monuments

Any person, who destroys, brings down, breaks or damages monuments or other objects intended for public decoration which were constructed or authorised by a competent authority, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of twice (2) to ten (10) times the value of the demolished property.

Any person, who destroys, brings down, breaks or damages monuments, tombs, memorial symbols or commits desecration of tombs or graveyard, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

Article 408: Removal or displacement of signs or land markers

Any person who, without authorization, removes or displaces signs or land markers, or transforms them, or modifies documents related to them , shall be liable to a term of imprisonment of six (6) months to three (3) years and a fine of two (2) to five (5) times the value of damaged properties.

Article 409: Sale or use of properties originating from demolition

Any person found in possession of, sells or uses in his/her activities, properties originating from the offences under this Section or gives them to another in any way , shall be liable to a term of imprisonment of one (1) year to five (5 ) years and a fine of two (2) to five (5) times the value of the damaged property.

Article 410: Penalties for accomplices

An accomplice of the offences under Articles 405 to 409 of this Organic Law, shall be liable to the same penalties as the offender.

Article 411: Penalties for co-offenders with respect to the offences under Articles 405 and 406 of this Organic Law

Co-offenders with respect to the offences under Articles 405 and 406 of this Organic Law shall be punished with the same penalties as convicts.

Section 3: Degradation and damaging of trees, crops, agricultural tools and environment

Sub section One: Degradation and damaging of trees, crops and agricultural tools

Article 412: Malicious degradation or damaging of trees, crops and agricultural tools

Any person who maliciously degrades or damages either in whole or in part, trees, crops, agricultural tools or any other property

belonging to another person or belonging to him/her but with an impact on other people, shall be liable to a term of imprisonment of six (6) months to three (3) years and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs.

Article 413: Degradation or damaging of trees, crops, and agricultural tools without malicious intention

Any person who, without malicious intention, degrades or damages in whole or in part trees, crops or agricultural tools belonging to another person shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of twenty thousand (20,000) to one hundred thousand (100,000) Rwandan francs or one of these penalties.

Sub section 2: Degradation of environment

Article 414: Definition of environment

Environment is a diversity of things made up of natural and artificial environment made by human beings. It includes chemical substances, biodiversity as well as socioeconomic activities, cultural, aesthetic, and scientific factors likely to have direct or indirect, immediate or long term effects on the development of an area, biodiversity and on human activity.

Article 415: Lack of environmental impact assessment of project

Any person or association with legal personality that does not carry out a prior environmental impact assessment for any project which may have a negative impact on environment, shall be liable to suspension of activities and closure of his/ her association and shall also pay damages.

Any person who forges or alters an environmental compliance certificate shall be liable to the same penalties as the offender mentioned under paragraph one of this Article.

Article 416: Arson, cutting trees or causing others to do so or killing animals

Any person who illegally sets fire to, cuts trees or who causes others to do so or kills animals in classified forests, protected areas and national parks, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of three hundred thousand (300,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 417: Poaching, selling, injuring or killing a gorilla or other endangered animal species

Any person who poaches, sells, injures or kills a gorilla or any other protected endangered animal species shall be liable to a term of imprisonment of more than five (5) years to ten (10) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Article 418: Destruction or degradation of touristic or historical sites or buildings

Any person who destroys or degrades a classified building, a tourist or historical site shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 419: Obstructing agents responsible for inspecting classified buildings in the performance of their duties

Any person who obstructs agents responsible for inspecting classified buildings in the performance of their duties shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

In case of recidivism, the penalties under paragraph one of this Article shall be doubled.

Article 420: Obstructing agents responsible for inspecting classified buildings committed by a person who has an establishment

Any person who has an establishment that obstructs the duties of agents responsible for inspecting classified buildings shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

In case of recidivism, the establishment may be temporary closed.

Article 421: Exploitation of a classified building without respecting technical instructions

Any person who uses a classified building without respecting technical instructions shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 422: Persistent use of a closed classified building

Any person who persistently uses a classified building which is subjected to closure, suspension or ban shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

Article 423: Unlawful dumping of waste without authorization

Any person who unlawfully and without authorization dumps waste which require prior authorization shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1.000.000) to five million (5,000,000) Rwandan francs or one of these penalties.

Any person who knowingly dumps toxic waste in an unauthorized place, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs.

If dumping of toxic waste in an unauthorized place results in disability or disease, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years. If dumping of toxic waste in an unauthorized place results in death, the offender shall be liable to life imprisonment.

Article 424: Importing, immersing, burning of waste or using any other means that cause their decomposition

Any person who:

1° imports waste without authorisation;

2° immerses, burns or uses any other means that may cause decomposition of waste in a damp place;

shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of five million (5,000,000) to fifty million (50,000,00) Rwandan francs.

Article 425: Dumping waste in an inappropriate place

Any person or company authorized to treat waste that dumps such waste in an inappropriate place shall be liable to a fine of one million (1,000,000) to ten million (10,000,000) Rwandan francs.

Any authorization for waste collection in the country may be suspended at any time due to non-compliance with the terms of the contract.

Article 426: Buying, selling, importing, conveying in transit, storing, burning or using other means of decomposing toxic waste

Any person who buys, sells, imports, conveys in transit, stores, immerses, burns or uses any other means that may lead to decomposition of toxic waste in a damp place and that may be harmful to human beings or environment or signs an agreement authorising him/her to carry out such activities, shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of fifty million (50, 000,000) to two hundred million (200,000,000) Rwandan francs.

The Court may also order the confiscation and removal of waste at the owner‟s expenses.

Article 427: Polluting public or private area

Any person who deposits, abandons or dumps waste, materials, or who pours domestic sewage in a public or private place except if such a place has been designated by competent authorities, shall be liable to a fine of ten thousand (10,000) to one hundred thousand (100,000) Rwandan francs.

Any person polluting public or private place with human and domestic waste, except if such a place has been designated by competent authorities, shall be liable to a fine of ten thousand (10,000) Rwandan francs or he/she may be compelled to clean the place.

Article 428: Burning waste and polluting the atmosphere

Any person who unlawfully:

1° burns domestic waste, crop residues in fields, tyres and plastic materials;

2° owns a car that emits noxious smoke and gases;

3° smokes in public and in any other place where many people gather;

shall be liable to a fine of ten thousand (10,000) to fifty thousand (50,000) Rwandan francs.

Article 429: Distance required from the banks of rivers and shores of lakes, and respect of reserved areas

Any person who:

1° carries out agricultural activities without complying with a distance of ten (10) meters required from the banks of rivers and the distance of fifty (50) meters from the shores of lakes;

2° carries out animal breeding activities requiring swamp-based agricultural works without complying with a distance of ten (10) meters required from the banks of rivers, and a distance of fifty (50) meters from the shores of lakes;

3° erects animal sheds without complying with a distance of sixty (60) meters required from the banks of rivers, a distance of two hundred (200) meters from the shores of lake;

4° develops fish ponds and raising fish species without authorization;

5° erects in a wetland area, whether urban or rural, a building, a market, a dump, a cemetery and any other building that may have a negative impact on that area without complying with a distance of twenty (20) meters required from the banks of swamp;

6° carries out any other activity other than research activity in reserved wetlands area;

shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs or one of these penalties.

In case of recidivism, the penalties under Paragraph One of this Article shall be doubled.

The convict may be ordered to rehabilitate the damaged area.

Sub section 3: Spreading pests or plant diseases

Article 430: Spreading pests or plant diseases

Any person who cultivates, owns, sells, exports, carries, imports or distributes by any means an infected plant, plant product or any other product provided under the law establishing modalities for plant protection; intentionally participates in the introduction or spread of a pest or a disease originating from plants, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of five hundred thousand (500.000) to one million (1.000.000) Rwandan francs or one of these penalties.

Sub section 4: Degrading or damaging of other properties

Article 431: Degrading or damaging of another person‟s property

Subject to the provisions of Sections One, 2 and 3 of this Chapter, any person who, in bad faith, damages or destroys movable or immovable property of another person, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of two (2) to ten (10) times the value of the degraded or damaged property or one of these penalties.

Sub section 5: Use and sale of polythene

Article 432: Definition of polythene

For the purpose of this Organic Law, polythene means a synthetic plastic material made up of numerous simple chemicals called “ethene (monomer)”.

Article 433: Penalties for using or selling polythene

Managers of industries, companies or sole proprietorship found in possession of polythene without authorization, manufacturing or using them shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of five hundred thousand (500,000) to three million (3, 000,000) Rwandan francs or one of these penalties.

Any person who sells polythene without authorization shall be liable to a fine of ten thousand (10,000) to three hundred thousand (300,000) Rwandan francs.

Any person who uses polythene shall be liable to a fine of five thousand (5,000) to one hundred thousand (100,000) Rwandan francs in addition to the confiscation of the polythene.

In case of recidivism, the penalty shall be doubled.

Sub Section 6: Removal, displacement of land markers, acting to the detriment of neighbours or public interest

Article 434: Penalty for removal, displacement or damaging of land markers

Any person who, without authorisation, maliciously removes, displaces or damages land markers or trees planted or recognised as boundaries, shall be liable to imprisonment of two (2) months but less than six (6) months and a fine of fifty thousand (50.000) and five hundred thousand (500, 000) or one of these penalties.

Article 435: Acting to the detriment of neighbours or public interest

Any person who:

1° denies neighbours access to their premises and when there is no other means and without reasonable justification;

2° prohibits passage of natural water through his /her land from neighbours‟ land without reasonable justification;

3° prohibits fetching of water from a well located on his/her own land, of which he/she did not dig or construct;

shall be liable to a term of imprisonment of seven (7) days to three (3) months and a fine of ten thousand (10,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

The offender shall also be ordered to perform what he/she did not abide.

Section 4: Mistreating, injuring or killing domestic animals

Article 436: Penalties for mistreating, injuring or killing domestic animals

Any person who, mistreats livestock or domestic animals, in a way to compromise their health shall be liable to a term of imprisonment of eight (8) days but less than six (6) months and a fine of twenty thousand (20,000) to five hundred thousand (500, 000) Rwandan francs or one of these penalties.

Any person who maliciously and without reasonable justification kills or seriously wounds livestock or domestic animals belonging to another person, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 437: Penalty for spreading contagious diseases of domestic animals

Subject to the provisions of other Articles of this Organic Law, any person who causes the spreading of contagious diseases of domestic animals in the country, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

CHAPTER VI: OFFENCES RELATING TO MINING AND QUARRY EXPLOITATION

Article 438: Undertaking illegal research or commercial activities in valuable minerals

Any person who undertakes illegal research or illegally carries out commercial activities in valuable minerals, shall be liable to imprisonment of six (6) months to one (1) year and a fine of three million (3,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

Article 439: Use of inappropriate working techniques

Any person who undertakes inappropriate techniques in mineral exploration and mining shall be liable to a fine of three hundred thousand (300,000) to one million (1,000,000) Rwandan francs.

Article 440: Receiving or exporting minerals and quarry substances without authorisation

Any person who receives or exports minerals and quarry substances without authorisation shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two (2) times the amount of the value of the received or exported substances.

Article 441: False or irregular submission of reports

Any person who submits false or irregular research and exploitation reports shall be liable to a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 442: Displacement and destruction of mineral demarcation

Any person who displaces or destroys mineral demarcation of mineral exploration and mining area shall be liable to a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 443: Import, manufacture, use, transport, purchase and sale of dynamites without authorization

Any person who imports, manufactures, uses, transports, purchases and sells dynamites used in mining without authorization shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 444: Refusing authority access to mining or quarry exploration and exploitation area

Any person with mining and quarry exploitation licence who refuses competent authority access to mining or quarry exploration and exploitation area shall be liable to a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Article 445: Common provision applicable to mining and quarry exploitation offences

Subject to more severe penalties under this Organic Law, if the use of inappropriate techniques in mining and quarry exploration and exploitation results in death, the offender shall be liable to life imprisonment.

TITLE III: OFFENCES AGAINST THE STATE

CHAPTER ONE: OFFENCES AGAINST STATE SECURITY

Section One: Offences against external State security, treason and espionage

Article 446: Treason

Any Rwandan who :

1° through terrorism, subversion, armed force or threat of violence, undertakes to incorporate the national territory or part of it to a foreign power;

2° undertakes to totally or partially place the Republic of Rwanda under foreign domination;

3° wages war against the Republic of Rwanda using war arms;

commits an offence of treason and shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 447: Revelation of State secrets

The intentional revelation of State secret in any form and by any means with the intention to use such secrets against the interests of the Republic of Rwanda, constitutes an offence of treason against one‟s homeland where the offence is committed by a Rwandan, or espionage by a foreigner.

Article 448: Definition of State secret

For the purposes of this Organic Law, State secrets means all facts, objects, knowledge, writings, or information which must not be revealed to a foreign government, institution or any of their employees in the interest of national defence.

Article 449: Offences deemed as treason or espionage and their penalties

Any person who:

1° voluntarily reveals a state secret;

2° accesses a state secret with a view to reveal it;

3° destroys or allows another person to destroy anything that contains a state secret with intent to favour a foreign country;

4° entitled to have access to state secret and uses it contrary to the law;

5° voluntarily reveals a state secret that he/she knows in the course of his/her duties or functions, to any person not qualified;

6° establishes, keeps or maintains relations with a foreign State, political organization, association, foreign institution or any person working for them, with a purpose to communicate State secrets;

7° commits acts of treason with an intent to undermine national defence, diplomatic relations and essential economic interests of the Republic of Rwanda;

commits an offence of treason or espionage and shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years in wartime and in peacetime, the penalty shall be an imprisonment of ten (10) years to fifteen (15) years.

If the revelation of the State secret is done by the person referred to under Paragraph One of this Article with no intention to commit treason or espionage but only by clumsiness, carelessness or negligence, in wartime, the penalty shall be imprisonment of more than five (5) years to seven (7) years, while in peacetime, the penalty shall be imprisonment of one (1) year to three (3) years.

Article 450: Keeping relations with foreign governments with intent to wage war

Any person who establishes, keeps or maintains relations with foreign institutions or countries or their agents with intent to cause or wage war, an armed conflict or violent measures against the Republic of Rwanda, shall be liable to life imprisonment in wartime, and to a term of imprisonment of fifteen (15) years to twenty five (25) years in peacetime.

Article 451: Spreading false information with intent to create a hostile international opinion against the Rwandan State

Any person who spreads false information with intent to create a hostile international opinion against the Rwandan State shall be liable to life imprisonment during wartime, and in peacetime, to imprisonment of seven (7) years to ten (10) years.

Article 452: Legal action against offences provided in Articles 447, 449, 450 and 451

Legal action against offences mentioned under Articles 447, 449, 450 and 451 of this Organic Law shall be instituted upon complaint or on the authorization of the Prosecutor General or the Military Prosecutor General, depending on the case.

Article 453: Handing over of territories, troops or arsenals to a foreign country

Any person who:

1° hands over to a foreign country or its agents, troops, territories, towns, forts, works, posts, shops, military industries, arsenal, materials, ammunitions, ships, buildings or air navigation machines belonging to the

Republic of Rwanda or meant for its defence;

2° destroys or hijacks a ship, a plane, air navigation machines, military supplies, buildings or any machines or damages them which leads to an accident in order to sabotage national defence;

shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years, in wartime, and in peacetime, to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 454: Inducing Rwanda Defence Forces to serve a foreign country

Any person who:

1° induces Rwanda Defence Forces to serve a foreign country, facilitates or recruits them for a foreign country at war with the Republic of Rwanda;

2° cooperates with a foreign country or its agents in view of favouring the undertakings of this country against the Republic of Rwanda;

3° knowingly participates in a campaign to demoralise Rwanda Defence Forces or the population with intent to undermine national defence;

shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years in wartime and in peacetime, to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 455: Exposing the Republic of Rwanda to hostility of a foreign country

Any person who: 1° by hostile acts not approved by the Government, exposes the Republic of Rwanda to hostility of a foreign country;

2° by his/her acts not approved by the Government, exposes the Republic of Rwanda to reprisals;

shall be liable to imprisonment of ten (10) years to fifteen (15) years in wartime, and in peacetime, to a term of imprisonment of more than five (5) years to ten (10) years.

Article 456: Offering and accepting a price with intent to cause hostilities in Rwanda

Any person who offers or promises to offer a price with intent to commit offences under Article 455 of this Organic Law, accepts a price or a promise, shall be liable, during wartime, to a term of imprisonment of ten (10) years to fifteen (15) years and in peacetime, to a term of imprisonment of more than five (5) years to ten (10) years.

Article 457: Undermining national defence

Any person who, during wartime, knowingly commits any act likely to undermine national defence shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 458: Penalty for offences committed against allies at war of the Republic of Rwanda

If the acts under this Section are committed against allies at war of the Republic of Rwanda, they shall be punished as if there are committed against the Republic of Rwanda.

Article 459: Formation of an irregular armed group

Any person who carries out recruitments or incites or makes an agreement with the armed group other than the regular forces of the State, by gifts, remuneration, threats, abuse of authority or power shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Any person who, willingly, engages or is recruited in an army other than the regular force of the State, shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Legal action against offences under Paragraphs One and 2 of this Article shall be instituted only upon complaint or authorisation of the Prosecutor General or the Military Prosecutor General depending on the case.

Section 2: Offences against internal State security

Article 460: Committing an act meant to amend the Constitution

Any person who commits an act meant to unlawfully amend the Constitution of the Republic of Rwanda shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 461: Offence against the established Government or the President of the Republic

Any person who:

1° uses armed forces or any other violence in order to undermine or overthrow established Government;

2° subject to item 1º of this Paragraph harms the Head of State;

shall be liable to life imprisonment.

Article 462: Conspiracy against the established Government or the President of the Republic

Any person who conspires to commit offences under Article 461 of this Organic Law shall be liable to a term imprisonment of twenty (20) years to twenty five (25) years if any act has been committed in preparation to executing the offence.

If any incitement to conspire to commit offences under Paragraph One of this Article but not agreed upon, the person who incites, shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 463: Inciting insurrection or trouble amongst the population

Any person who, by speeches held in meetings or public places, or writings, images or emblems, any posters, sold or on sale or displayed to the public, knowingly spreads rumours, excites the population against established Government, or incites or attempts to incite citizens against each other or attempts to alarm the population with intention to cause trouble on the national territory of the Republic of Rwanda, shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 464: Offence of disobeying enforcement of law

Any person who, maliciously and publicly undermines the enforcement of law or directly incites people to disobey it, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

The penalties under Paragraph One of this Article shall be doubled if the incitement results into harm.

Article 465: Serial crime, massacre or looting

Serial crime, massacre or looting shall be punishable by imprisonment of fifteen (15) years to twenty five (25) years.

Conspiracy to commit offences mentioned under Paragraph One of this Article shall be punishable by imprisonment of ten (10) years to fifteen (15) years if any act has been carried out in preparation for their execution.

If the attempt or conspiracy causes death, the offender shall be liable to life imprisonment.

Article 466: Existence of conspiracy

Conspiracy under Articles 462 and 465 of this Organic Law starts when the resolution to act is concerted and decided upon by two (2) or more people.

Article 467: Leading a hostile group

Any person who, in order to take hold of public property, or invade posts, stores, arsenals, planes, ships, buildings or other property of the State, or loot or share public property, or attack or make a resistance against Rwanda Defence Forces acting against the offenders of such offences, leads any hostile group or performs any duties, shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

The same penalty shall apply to any person who leads an association, establishes, incites or organises or ordered organisation of hostile groups.

Article 468: Penalties for an individual caught in a seditious meeting

If the offence under Article 461 of this Organic Law is committed by a seditious group, all individuals taking part in the group and who are caught taking part in the seditious meeting, even if they are not in the leadership or do not exercise any role in the group shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Any person who leads a seditious group or exercises in the same group any role or some other leadership even if he/she is not caught on the spot, shall be liable to the same penalty under Paragraph One of this Article.

Article 469: Participation in seditious meeting or seditious group

Except in cases where the seditious meeting has an objective to result in an offence under Article 461 of this Organic Law, people who belong to the seditious groups mentioned in Articles 467 and 468 of this Organic Law who, without exercising any leadership or role, are caught on spot, shall be liable to a term of imprisonment for two (2) years to five (5) years.

Article 470: Providing accommodation or sanctuary to seditious groups

Any person who is aware of the purpose or character of a seditious group and provides accommodation, sanctuary, meeting venues or any other help to a group or its division shall be punishable as an accomplice.

Article 471: Non punishable seditious act

A person who previously belonged to a seditious group without exercising any leadership or role, and later voluntarily abandons or withdraws after the first warning or first summons by civil or military authorities, may not incur penalty.

If persons are caught outside a sedition meeting place without making any resistance and without arms, they may not incur penalty.

However, persons shall be punished for other offences which they committed personally.

Article 472: Definitions of terms “ insurrection movement and Security forces”

An insurrection movement means a collective insurrection manifesting attack against persons and property, with fire, devastation or looting intended to overthrow the incumbent authorities or Government.

Security forces means all agents who ensure the enforcement and maintenance of law and order on behalf of Government.

Article 473: Obstructing the fight against an insurrection movement

All persons who during insurrection:

1° in order to attack or resist security forces, carry apparent or hidden arms or ammunition;

2° for the same reasons as those under item 1º of this Paragraph, invade or occupy public buildings or houses whether inhabited or not, roads, public places or any other area;

3° put up, cause or help to put up barricades, retreats or any other obstacles with intent to hinder or stop intervention of security forces or to hinder movement of citizens;

4° hinder by violence or threats, the convening or meeting of security forces;

5° provoke or facilitate the meeting of insurgents either by means of violence or threats, or by giving orders or announcements, or by carrying flags or other symbols of rally, or any other means of communication;

6° seize arms or ammunition, either by means of violence or threats, or looting shops or public institutions, or by disarming security forces;

7° invade a house, whether inhabited or not, by means of violence or threats;

8° hinder in any way security forces or the action of public authorities;

shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years, without prejudice to severe penalty provided for by this Organic Law.

Article 474: Leaders of insurrection movements

Leaders of insurrection movements mentioned in Article 473 of this Organic Law, shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 475: Concurrent offences including insurrection movements

The penalties under Articles 473 and 474 of this Organic Law shall be imposed without prejudice to penalties which the offenders would have incurred, as well as accomplices of any other crimes, except if deemed necessary where the provisions on concurrent crimes are applicable.

Section 3: Common provisions applicable to Sections One and 2 of this Chapter

Article 476: Failure to report hostile plans meant to harm national defence

Any person who, during the war, knows about a project or any actions of treason, spying or other activities likely to undermine National defence, and does not inform the security forces, or any other authority of the State, even if bound by professional secrecy, shall be liable to a term imprisonment of ten (10) years to fifteen (15) years.

Article 477: Concealing objects used for the commission of an offence

Any person, other than the offender or accomplice who:

1° knowingly conceals objects or tools that are used or intended to be used to commit a felony or a misdemeanor related to public security, or objects, materials or documents obtained through such felony or misdemeanour;

2° destroys, withdraws, conceals or knowingly alters any documents used in the investigation of a felony or a misdemeanour, proof gathering or punishing those who commit offences against public security;

shall be liable to the penalty applicable to the offence of concealment provided under Article 326 of this Organic Law.

Article 478: Person exempted from penalty for concealment

In the cases provided under Article 477 of this Organic Law, the Court may discharge from punishment a spouse, parents or relatives of the offender up to the fourth degree of relationship.

Article 479: Person exempted from penalty for offences against State security

Any person who conspires to commit a crime and a misdemeanour with intent to undermine State security who before any implementation and opening of judicial proceedings informs the administrative, judicial or security authorities of the existence, preparation, and names of offenders and accomplices of offences against State security, shall be exempted from penalties under these offences.

The Court must reduce penalties basing on the mitigating circumstances if:

1° denunciation happens after the felony or misdemeanour has been committed but before the opening of judicial proceedings; 2° after the opening of proceedings, the offender helps to arrest his/her cooffenders or accomplices of the same offence or other offences of the same nature or gravity.

Article 480: Confiscation of reward for an offence

The reward for an offence against State security or the amount of its value if the reward is not seized shall be declared by Court to belong to the State.

Article 481: Offences against State security committed abroad

Felonies and misdemeanours against State security committed abroad shall be punishable by the same penalties as those committed in Rwanda.

Section 4: Hostile acts against foreign Heads of State, other foreign senior officers or representatives of diplomatic and consular corps and international organisations in Rwanda

Article 482: Assaulting foreign Heads of State, other foreign senior officers or representatives of diplomatic and consular corps and representatives of international organisations in Rwanda

Any person who assaults a foreign Head of State, other foreign senior officials or representatives of diplomatic and consular corps as well as representatives of international organisations in Rwanda, in the capacity of their functions, shall be liable to a term of imprisonment of seven (7) years to ten (10) years, without prejudice to severe penalties under other provisions of this Organic Law.

Any person who vandalises work premises of persons mentioned in Paragraph One of this Article, their private residences or transport means shall be liable to a term of imprisonment of more than five (5) years to (7) years, without prejudice to severe penalties under other provisions of this Organic Law.

Article 483: Slandering one of the persons mentioned under Article 482

Any person who slanders publicly any of the persons mentioned under Article 482 of this Organic Law shall be liable to a term of imprisonment of one (1) year to three (3) years.

Article 484: Offences against the flag or symbols of a foreign State

Any person, who steals, destroys, damages or abuses the flag or symbols of a foreign State, hoisted or exposed in public, shall be liable to a term of imprisonment of six (6) months to two (2) years.

Article 485: Legal action for offences against foreign countries

Offences under this Section shall be prosecuted only upon complaint of the victim, competent organs in Rwanda, a Government or an international organization which the victim represents.

Section 5: Offences against the national currency

Article 486: Undermining the value of national currency

Any person who, in any way, intentionally spreads false allegations in public that directly or indirectly affect the value of the Rwandan currency or negotiable instruments, shall be liable to a term of   imprisonment of six (6) months to two (2) years and a fine of two hundred (200,000) to three million (3,000,000) Rwandan francs, or one of these penalties.

Article 487: Inciting the public to discredit the national currency

Any person who, in any way, incites the public, with intent to discredit the national currency and causes:

1° the withdrawal of funds from the public treasury, coffers of public institutions or financial institutions;

2° the selling of negotiable instruments or forbidding their purchase or the respect of a related purchasing contract, whether these acts are accepted or not;

shall be liable to penalties under Article 487 of this Organic Law.

Article 488: Illegal exchange of money

Any person who sells or exchanges the national or foreign currency illegally shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs, or one of these penalties.

Section 6: Offences committed aboard aircraft or at the airport without terrorism intent

Article 489: Penalties for offences committed aboard aircraft or at the airport

Any person who :

1° while aboard aircraft, commits an act of violence against a person that is likely to endanger the safety of the aircraft and persons on board;

2° causes damage to an aircraft in service that renders the aircraft incapable of flight or likely to endanger the safety of the aircraft in flight;

3° places or is an accomplice in placing in aircraft in service anything likely to cause damage to the aircraft or endanger the safety of aircraft in flight;

4° communicates information which he/she knows to be false, which endangers safety of an aircraft in flight;

5° refuses to comply with lawful instruction from the pilot-in-command or any other competent crew member, for the purpose of ensuring the safety of the aircraft or of any person or goods on board;

shall liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to ten million (10,000,000) Rwandan francs or one of these penalties.

Any person carrying a military weapon, an object likely to explode or carrying an authorised weapon in disregard of aircraft instructions shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 490: Penalties for offences committed on airport premises or airport facilities

Any person who :

1° commits an act of violence against a person that is likely to cause injury or death;

2° damages civil aviation airport facilities or an aircraft located at the airport or disrupts the services of an airport;

3° destroys or damages air navigation facilities or interferes with their operation in a way that is likely to endanger the safety of aircraft in flight;

shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

If the acts under items 1º to 3 of Paragraph One of this Article cause death, the penalty is life imprisonment.

Article 491: Penalties for offences related to airport security permits

Any person who:

1° lies or makes a false statement for the purpose of obtaining an airport operator licence or renewal of the existing licence;

2° fraudulently uses an airport security permit to gain access to an aircraft or a restricted area at the airport when he/she is not entitled to such access;

3° uses a false airport security permit to gain access to a restricted zone;

4° fails to comply with conditions of applying to airport security permit;

5° refuses to show an airport security permit upon being required to do so by aviation security officers;

6° continues using an expired airport security permit;

shall be liable to a term imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 492: Penalties for interfering with security officers or refusing to comply with instructions of the Civil Aviation Authority

Any person who:

1° interferes with aviation security officers;

2° impersonates to have powers conferred by the law;

3° disobeys orders from a police officer or an aviation security officer performing his/ her duty;

4° disobeys instructions issued by the Civil Aviation Authority;

shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 493: Non-disclosure of offences

An airport operator or any person employed at the airport who, knowingly, does not disclose to the Civil Aviation Authority or any officer in charge of aviation safety of the threat against aircraft or the airport security, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 494: Penalties for offence of carrying prohibited items aboard aircraft or at the airport

Any person who is in possession of prohibited items at an airport, like firearms, bombs or other explosives, and chemical or biological things capable of impairing communication systems at the airport in the restricted area or aboard aircraft, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Article 495: Penalties for entering a security restricted area at the airport

Any person who, without authorisation, enters a security restricted area at the airport, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 496: Penalties for conspiracy or negligence which causes another Aviation Authority to commit an offence

Any employee or any other person who conspires or negligently causes another Aviation Authority to commit an offence shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to five millions (5,000,000) Rwandan francs or one of these penalties.

Section 7: Terrorism

Article 497: Definition of terrorism

For the purpose of this Organic Law, terrorism means:

1° to commit or threaten to commit acts aimed at leading State organs to change their functioning by taking hostages of one or more persons, killing, injuring or threatening the population by use of any means that may kill or injure a person;

2° to commit or threaten to commit an act mentioned under item 1º of this Paragraph on political, religious or any ideological grounds.

Article 498: Penalties for an offender or an accomplice of terrorism

Any offender or an accomplice who deliberately joins or participates in the acts of a terrorist association or an association which contributes to the capacity-building of another terrorism association for the purpose of committing or supporting terrorism, shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 499: Complicity in a terrorist act

Any person who deliberately assists in a terrorist act shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 500: Terrorism under the command of a terrorist group

Any person who commits a terrorist act by order or in collaboration with a terrorist group in his/her own interests or in the interests of the group shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

If the offence involves a leader of the group or any other person who played a significant role, he/she shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 501: Giving orders in an act of terrorism

Any person who knowingly orders another person, directly or indirectly, to act under orders or in collaboration with a group of terrorists, for the purpose of supporting a group of terrorists or in its interests, in order to aid or commit an act of terrorism shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 502: Hiding a terrorist

Any person who knowingly hides another person who commits or attempts to commit a terrorist act shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 503: Membership in a terrorist organization

Any person who joins or accepts to be member in a terrorist organization shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 504: Hijacking of an aircraft

Any person using force, with an intention to intimidate, make hostage or use the crew of an aircraft with the purpose of committing any of the following acts:

1° killing or injuring a person aboard the aircraft;

2° transporting any person aboard the aircraft without his/her consent to a place other than the scheduled destination of the aircraft;

3° abducting any person in the aircraft for an illicit gain or forced labour;

4° changing the aircraft’s direction;

5° demolishing the aircraft;

6° causing insecurity of people on board aircraft;

shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 505: Destabilisation of security at the airport

Any person who uses force or threatens to use force at the airport if terrorist acts result into:

1° death or injury to a person;

2° demolition or destruction of buildings of an airport;

3° interruption of certain activities which may have negative consequences on the performance of the airport;

4° destabilisation of the security of the airport and its installations;

shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 506: Use of force, threats with intent to hijack or seizing control of an aircraft

Any person who uses force, threats or hijacks an aircraft with intent to:

1° take hostage persons on board an aircraft;

2° transport persons aboard the aircraft by force to any place other than the next place of landing of the aircraft;

3° hold any person on board the aircraft for ransom or to do something against his/ her will;

4° cause the aircraft to deviate from its flight path;

5° attempt to commit, or be an accomplice to any person who commits or attempts to commit, any of the acts under items 1º to 4º of this Paragraph;

shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 507: Illegal use of explosives in a public place with intent to commit terrorism

Any person who intentionally gives, plants, throws or blasts an explosive or any other noxious substance in a public place, in an illegal manner or causes disorder in a public place and demolishes Government buildings and other infrastructure with an intention to

1° cause death or injury;

2° destroy, demolish a place or a building which may result into a significant economic, private or public property loss;

shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 508: Taking a person hostage

Any person who takes a person hostage with intention to use force against the State, international organization or a leader or any other person with a threat to kill, injure or continue to take hostage in case of failure to give or fulfill the demand by the hijacker shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

If taking a person hostage results into death, the hostage-taker shall be liable to life imprisonment.

Article 509: Terrorism against an internationally protected person

Any person who uses terrorism to kidnap an internationally protected person, shall be liable to a term of imprisonment of twenty (20) years to twenty five (25).

Any person who uses terrorism to kill an internationally protected person shall be liable to life imprisonment

Article 510: Attacking a diplomat

Any person who attacks or undermines the freedom of a diplomat shall be liable to:

1° life imprisonment if the attack results into death;

2° a term of imprisonment of fifteen (15) years to twenty (20) years if the attack causes serious bodily injury.

Article 511: Demolishing buildings for the purpose of committing terrorism

Any person who willfully destroys or demolishes using means other than guns or bombs for the purpose of committing terrorism, shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years, in case of:

1° a public or private building or a means of transport of an internationally protected person;

2° any other building used or which should be used by an internationally protected person or his/her property.

Article 512: Entering State or diplomat premises for the purpose of committing terrorism

Any person who deliberately and unlawfully enters or attempts to enter a house or premises used by or in which the Government or a diplomat operates, with an intention to threaten, use force, intimidate or harass, shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 513: Possession or manufacturing chemical weapons for the purpose of terrorism

Any person who possesses chemical weapons or documents on how they are used, materials used to manufacture weapons shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Any person who makes chemical weapons or attempts to manufacture them in industries, for the purpose of causing serious bodily injuries to a person, destroying property or environment shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 514: Use of chemicals for the purpose of terrorism

Any person who, for the purpose of terrorism, kills or causes bodily injury to another person, destroys property or environment shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years if :

1° he/she puts a toxic substance or any other thing with toxic substance in a certain place;

2° he/she sends toxic substance or any other thing with toxic substance from one place to another by use of postal or any other means;

3° he/she convinces a person anywhere in the world that a thing is a toxic substance or contains toxic substance or any poisonous substance or is a nuclear weapon.

Article 515: Providing false information on terrorism

Any person who provides information he/she knows or believes to be false to any person, anywhere in the world about a toxic substance, a thing with toxic or harmful substance or a nuclear weapon located in certain area during or after giving false information shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 516: Conspiracy and threats for the purpose of terrorism

Any person who unlawfully and intentionally uses, threatens, attempts to conspire or conspires to use nuclear weapons shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years if:

1° he/she attacks a citizen or any other person within the country;

2° he/she attacks acquired property, leased or used by the State, service or institution of the State, whether that property is within or outside the country.

Article 517: Conspiracy outside the country

Any person who, intentionally, uses, threatens to use, attempts to conspire or conspires to use nuclear weapons outside the country shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 518: Conspiracy and incitement to commit terrorism

Any person, who conspires, mobilizes others to commit or attempts to commit any act of terrorism directly or indirectly shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 519: Piracy of ships

Any person who stops a ship by force, commits piracy with respect to ships or uses an island as a base in order to commit an act of terrorism, shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years. If piracy causes death of a person, the offender shall be liable to life imprisonment.

Article 520: Damaging a ship

Any person who damages a ship for the purpose of terrorism shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

If the damage causes death of a person, the offender shall be liable to life imprisonment.

Article 521: Donating, receiving, or inciting to receive proceeds of terrorism

Any person who donates or receives financial support or any other assets, he/she believes or has reason to believe that they can be used for terrorist purpose, shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Any person who incites another person to donate or receive financial support or any other assets, he/she believes or has reason to believe that they can be used for terrorist purpose shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 522: Making an agreement to support terrorism

Any person who knowingly makes an agreement or has an interest in it in order to acquire funds or any other assets, or enables a person to acquire money or support, having reason to believe that they can be used for terrorist purpose, shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

Article 523: Money laundering activities in terrorism

Any person who facilitates another person to benefit from laundered property of a terrorist or of someone who may be a terrorist, by concealing, shifting from one place to another, transferring to other people the property or by any other related way shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 524: Terrorism for political purposes

Any person who commits terrorism for political purposes, with intent to cause public organs to change their functioning shall be liable to a term of imprisonment of fifteen (15) years to twenty (20) years.

If the terrorist act causes death of a person, the offender shall be liable to life imprisonment.

Article 525: Terrorism for religious or any other ideological purposes

Any person who intentionally commits terrorism for religious or any other ideological purposes shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

If the terrorist act causes death of one or more persons or damages infrastructure, the offender shall be liable to life imprisonment with special provisions.

Article 526: Obstructing with the protection of evidence of the crime scene of terrorism

Any person who knowingly does not respect instructions relating to an area cordoned for the purpose of evidence protection or asserts pressure on another person preventing him/her from providing information about terrorism shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 527: Recidivism of terrorist acts

Recidivism of terrorist acts resulting in death of a person shall be liable to life imprisonment with special provisions.

Article 528: Mitigating circumstances

Penalties provided for offences mentioned under this Section may be reduced if the accused provides information which would have been inaccessible by other means that help to prevent or reduce the effects of the offence, to identify or take the offender to courts, to obtain evidence or to prevent terrorism crime.

CHAPTER II: OFFENCES AGAINST THE GOVERNMENT

Section One: Rebellion

Article 529: Definition of rebellion

A rebellion is any attack and resistance with violence, assault or threats to authorities, civil servants, and private sector employees, security agents enforcing the laws, regulations, administrative instructions and judgments.

Article 530: Penalty for rebellion

Without prejudice to severe penalties under offences against national security mentioned under Chapter One of Title III of this Organic Law, rebellion shall be punishable by:

1° a term of imprisonment of six (6) months to two (2) years if committed by an unarmed person;

2° a term of imprisonment of two (2) years to five (5) years if committed by one person carrying an arm;

3° a term of imprisonment of one (1) year to three (3) years if committed by several unarmed persons and without prior consultation. If there is prior consultation the imprisonment shall be one (1) year to five (5) years;

4° a term of imprisonment of three (3) years to five (5) years, if committed by several armed persons but without prior consultation. If there is consultation, the imprisonment shall be more than five (5) years to ten (10) years.

If the accused occupies a position of command in the rebellion or trigger it the maximum penalty may be imposed.

Article 531: Exemption from penalties for rebellion

Article 530 of this Organic Law does not apply to a rebel who does not occupy a position of command in the rebellion who withdraws after the first warning from the authority.

Article 532: Contempt of the national flag or official emblems of the sovereignty of the Republic

Any person who, publicly and intentionally, contempts, despises, removes, destroys or desecrates the national flag or official emblems of the sovereignty of the Republic of Rwanda, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs, or one of these penalties.

Article 533: Unlawful use of the national flag

Any person who knowingly illegally uses the national flag shall be liable to a term of imprisonment of one (1) month   but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 534: Use of another flag pretending to be the national flag

Any person who uses another flag pretending to be the national flag shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of two hundred thousand (200,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 535: Disrespecting or desecrating the National Anthem

Any person who knowingly disrespects or desecrates the National Anthem shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 536: Intentional change of text or notes of the National Anthem

Any person who intentionally changes text or notes of the National Anthem shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 537: Singing any other song by pretending it to be the National Anthem

Any person who sings any other song by pretending it to be the National Anthem shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 538: Contempt of insignia

Any person who contempts insignia recognized by the authority to show the existence of an official position, documents, objects handed out to comply with laws or administration shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Section 2: Contempt and violence against authorities and public security officers

Article 539: Contempt of administrative authorities and persons in charge of public service

Any person who contempts verbally, by gestures or threats, in writing or caricaturing a member of Parliament, a member of the Cabinet, security officers or any other person in charge of a public service, in the exercise or at the occasion of his/her mandate, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

If contempt act takes place during a session of the Parliament or if it is directed to any of the top ranking authorities, the penalties under Paragraph One of this Article shall be doubled.

Article 540: Violence against public authorities

Any person who assaults or commits any other act of violence against one of the persons mentioned in Article 539 of this Organic Law during the exercise or in connection with his/her mandate, shall be liable to a term of imprisonment of three (3) years to five (5) years.

If the assault results into physical injury, the offender shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

If that violence is committed by   premeditation or ambush the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

If that violence is committed with intent to kill, the offender shall be liable to life imprisonment.

Article 541: Violence or assault against the Head of State

Any person who commits violence or assault against the Head of State and the assault does not cause bloodshed, physical injury or disease, shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

If violence or assault causes bloodshed, physical injury or disease and if there is premeditation or an ambush, the penalty shall be a term of imprisonment of fifteen (15) years to twenty (20) years.

If violence or assault causes death or is committed with intent to cause death, the offender shall be liable to life imprisonment with special provisions.

Section 3: Offences that undermine the functioning of top Government institutions established by smooth functioning the Constitution

Article 542: Undermining deliberations of the Parliament

Any person who provokes, incites or causes unrest, organises criminal groups, illegal demonstrations within or in the vicinity of the premises of the Parliament for the purpose of undermining activities   of the Parliament shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs, or one of these penalties.

Any person who, illegally prevents, by force or threat, a Member of Parliament from attending any activity of the Parliament shall be liable to a term of imprisonment of two (2) years to five (5) years.

Article 543: Entering premises of the Parliament with intent to cause harm

Any person who enters the premises of the Parliament with intent to cause harm, commits acts, pronounces words or disrupt activities of the Parliament, shall be liable to a term of imprisonment of three (3) years to five (5) years

Article 544: Undermining activities within the premises of the Office of the President of the Republic or of the Cabinet meeting

Any person who commits offences under

Articles 508 and 509 of this Organic Law, in the vicinity of the premises of the Office of the President of the Republic or of the Cabinet meetings shall be liable to the maximum of the penalty provided for in these Articles.

If the offences under Paragraph One of this Article are committed within the premises of other public administration organs, the penalty shall be a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to five million (5,000,000) Rwandan francs or one of these penalties.

Section 4: Break of seals

Article 545: Unlawful breaking of seals

Any person who, intentionally and illegally breaks seals shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

If the seals affixed by public authority are broken, guards due to negligence shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties for negligence.

If the person who breaks the seal is a guard him/herself or an officer of the organ that has affixed the seals, the penalty shall be a term of imprisonment of one (1) year to two (2) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 546: Breaking of seals affixed by judicial organs or bailiffs on seized property

Any person who breaks seals affixed by judicial organs and bailiffs on seized property shall be liable to a term of   imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs, or one of these penalties.

Section 5: Offences which disrupt electoral process

Article 547: Penalties for illegal registration on the voters‟ list

Any person who:

1° registers or attempts to register on the voting list under false identification,

2° conceals or attempts to conceal any legal reason which prevents him/ her from voting;

3° registers or attempts to register on more than one list;

4° makes false declarations or uses false documents;

5° registers or attempts to illegally register on a voting list, or applies fraudulent means;

6° causes to register or causes to remove a citizen from the voters‟ list illegally using fraudulent means;

shall be liable to a term of imprisonment of at least one (1) month but less than six (6) months and a fine of one hundred thousand   (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 548: Penalties for illegal use of national symbols in electoral campaign

Any person who, uses, during campaigns in any election, national symbols on photos and written materials to campaign for any candidate shall be liable to a fine of fifty thousand (50,000) to two hundred thousand (200,000) Rwandan francs.

Any person who uses emblems of political organizations in indirect Parliamentary and local administrative elections shall be liable to the penalty provided under the Paragraph One of this Organic Law.

Article 549: Penalties to a person who votes after being disfranchised

Any person who is deprived of voting right, after a sentence by a court of law or bankruptcy for which there is no rehabilitation, votes on the basis of registration on the voters‟ list prior to or after deprivation of voting rights, shall be liable to a term of imprisonment of one (1) month to three (3) months and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs or one of these penalties.

Article 550: Penalties for electoral fraud

Any person who fraudulently registers or uses false identification to vote shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

The same penalties shall apply to a person who registers on several voters‟ lists and votes several times.

Article 551: Penalties for an armed person entering a polling station

Unless otherwise provided for by the law, any person entering a polling station while armed shall be liable to a fine of fifty thousand (50,000) to three hundred thousand (300,000) Rwandan francs.

Article 552: Penalties for a person who influences voters

Any person who communicates false information, insults or influences voters‟ choice in any way, shall be liable to a term of imprisonment of two (2) months but less than six months (6) and a fine of one hundred thousand (100, 000) to one million thousand (1,000,000) Rwandan francs or one of these penalties.

Article 553: Penalties for use of criminal groups, disturbances or intimidation to disrupt smooth conduct of elections

Any person who uses criminal groups, disturbance or acts of intimidation to disrupt the smooth conduct of election, infringes the right to vote or freedom in voting, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 554: Penalties for forceful entry into a voting room

Any person who forcefully enters or attempts to enter a voting room shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of fifty thousand (50,000) to three hundred thousand (300,000) Rwandan francs or one of these penalties.

Any armed person who forcefully enters or attempts to enter a voting room shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs or one of these penalties.

If the offence under Paragraphs One and 2 of this Article leads to the failure of election, the offender shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

If the offence under Paragraphs One and 2 of this Article is committed following a concerted plan, the offender shall be liable to a term of imprisonment of two (2) years to five (5) years.

Article 555: Penalties for misconduct of a member of electoral college aimed at disrupting electoral operation

Any person who is a member of the electoral college during elections found responsible for causing dishonour or acting with malice towards the polling committee or one of its members or using acts of intimidation and attempts to frustrate electoral operations, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

If the offences under Paragraph One of this Article contribute to the cancellation of elections , the offender shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

Article 556: Penalties for stealing a ballot box with ballot papers and other electionrelated documents

Any person who steals a ballot box with uncounted ballot papers or which are counted but not yet declared, shall be liable to a term of imprisonment of one (1) year to five (5) years and a fine of five hundred thousand (500,000) to one million (1,000,000) Rwandan francs.

The penalties under Paragraph One of this Article also apply to any person who steals statements or other documents indicating election results, if the stealing aims or causes alteration of election results or makes their proclamation impossible.

If the stealing of the ballot box, statements or other documents indicating election results is done following a plan by a group of persons or by use of force, the offender shall be liable to a term of imprisonment of more than five (5) years to ten (10) years.

Article 557: Penalties for violation of electoral process by election agents and those charged with safety of ballot papers

Any person who violates the voting process, if he/she is a member of the polling committee or officer in charge of uncounted ballot papers or of which the period of filing has not expired shall be liable to a term of imprisonment of more than five (5) years to ten (10) years.

Article 558: Penalties for misconduct in electoral campaign

Any person who displays photos, documents or conducts a meeting in unauthorised place shall be liable to a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

Any person who misconducts in an electoral campaign and violates other provisions of the electoral law shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 559: Penalties for altering election results, violating the truth of elections and impeding voting operations

Any person present in a voting room who, before, during or after voting, uses fraudulent acts, alters or attempts to alter electoral results or violates or attempts to violate the conduct of elections, impedes or attempts to impede voting operations, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1.000.000) to three million (3.000.000) Rwandan francs or one of these penalties.

Article 560: Other penalties

The court may order the loss of civic rights for a period not exceeding five (5) years for offences punishable with a term of imprisonment exceeding five (5) years.

If the offender is an employee of the National Electoral Commission, a person assigned to represent the Government or a representative of a political organisation, the penalty under Paragraph One of this Article shall be doubled.

Section 6: Hindering implementation of public work

Article 561: Penalties for hindering   implementation of public work

Any person who, by any act of violence, opposes the implementation of public work commissioned or authorised by a competent authority, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

If the hindering of the public work is done by a group of people using violence, assaults or threats, the offenders shall be liable to a term of imprisonment of one (1) year to three (3) years.

Section 7: Offences against freedom of commerce and transport

Article 562: Restraint in commerce

Any person who restrains another person using violence or threats to buy commodities from a given person or at a given price, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) and five million (5,000,000) Rwandan francs or one of these penalties.

Article 563: Undermining freedom of commerce

Any person who, by insults, threats, gatherings, any prohibition or illegal prescription, undermines the freedom of commerce with intent to hamper commercial exchange by violence, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs.

Article 564: Interfering with the freedom of public auction

Any person who: 1° hinders or interrupts freedom of public auction or tender by means of acts of violence or threats, before or after the auctioning or tendering during tender process;

2° by gifts, pledges or fraudulent means, eliminates bidders, limits auction or invitation to tender of any person who receives gifts or accepts promises for gifts;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 565: Fraudulent increase or decrease of prices of goods

Any person who fraudulently increases or decreases the price of foodstuffs, goods, public or private effects, by any means to enable those who used fraudulent means to get profits in a way other than through natural forces of demand and supply, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs or one of these penalties.

If the increase or decrease in prices is made on foodstuffs, beverages or fuel, the penalty shall be a term of imprisonment of two (2) years to three (3) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 566: Undermining the freedom of transport

Any person who undermines the freedom of land, air and water transport by violence, threats, gatherings or insults, prohibitions or any other illegal provisions, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs.

Section 8: Offences relating to civil status

Article 567: Non declaration of birth or death of a person

Any person required to declare birth or death of a person that fails to do so within the time limit provided by law, and any person summoned by the civil registrar to declare birth or death of a person and who refuses to appear or to testify, shall be liable to a term of imprisonment of one (1) day to seven (7) days and a fine of five thousand (5,000) to fifty thousand (50,000) Rwandan francs or one of these penalties.

Article 568: False declaration to civil status registrar

Any person who makes false declarations to the civil status registrar regarding registered information, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

The same penalties shall apply to a person who sends others to make false declarations mentioned in Paragraph One of this Article if the message is executed.

Section 9: Support of citizens to better administration of justice and national security

Sub section One: Obstructing the course of justice

Article 569: Refusal to appear before the judicial police, public prosecution or other authority

Any person who, except in case of force majeure, fails to appear when regularly summoned by a prosecutor, a judicial police officer or other authority in course of service, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 570: Concealing an offence or failing to assist a person in danger

Any person who has knowledge of a felony about to be committed or that has been committed and fails to inform security organs, judicial or administrative authorities while this information could help prevent or limit its consequence, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

In case of misdemeanours, the person mentioned in Paragraph One of this Article shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

In case of petty offences, the person mentioned in Paragraph One of this Article shall be liable to a term of imprisonment of seven (7) days to two (2) months and a fine of twenty thousand (20,000) to fifty thousand (50,000) Rwandan francs or one of these penalties.

Any person who neglects to assist a person in great danger when there is no risk for him/her or others while in a position to do so or to seek assistance shall be liable to the penalties under Paragraph One of this Article.

Article 571: Destruction of evidence

Any person who, with intent to destroy evidence, commits the following acts :

1° modifying the state of a scene of offence by alteration, falsification or obliteration of traces or evidence by bringing objects that were not present, removing objects that were present or destroying them;

2° burning, destroying, hiding, or damaging in any way public or private document or object that is likely to facilitate discovery of an offence, identification of witnesses or conviction of guilty persons;

shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of three hundred thousand ( 300,000) to one million (1,000,000) Rwandan francs.

If the acts mentioned in this Article are committed by a person requested by judicial authorities by virtue of his/her expertise, the penalty shall be a term of imprisonment of four (4) years to five (5) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Article 572: Threats or intimidation with intent to influence a complaint

Any person who threatens or intimidates another person with intent to influence a complaint, to force him/her to lodge or withdraw a complaint, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of three hundred thousand (300,000) to one million (1,000,000) Rwandan francs.

Article 573: Harbouring or hiding a suspect or an offender

Any person who provides accommodation, a hiding place or any other means to a suspect or an offender or an accomplice of a felony or misdemeanour that hinders an arrest by judicial organs, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 574: Hiding a dead body of a murdered person

Any person who hides a dead body of a murdered person shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

Article 575: Denial of justice

Any judge who refuses to render justice upon request and continuously refuses to do so despite being served with a warning from his/ her superiors, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Article 576: Refusal to testify

Any person in possession of evidence of the innocence of another person who is held in pre-trial detention or is convicted of a felony or a misdemeanour, who voluntarily refuses to give evidence to judicial authorities, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Any person in possession of evidence of a person guilty of a misdemeanour or a felony, who voluntarily abstains from reporting evidence to judicial authorities, shall be liable to the same penalties as those provided for in Paragraph One of this Article.

Article 577: Refusal to answer questions from judicial authorities

Any person who publicly declares knowledge of a perpetrator of a misdemeanour or a felony, but refuses to answer questions from judges, prosecutors and judicial police officers, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 578: Refusal to answer questions from security organs

Any person who refuses to answer questions or knowingly gives false answers to the questions by intelligence organs and security officers in the exercise of their duties shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 579: Giving false testimony

Any person who gives false testimony before judicial organs shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

If the accused is sentenced to a term of   imprisonment exceeding five (5) years, the witness who gave false testimony against the accused shall be liable to the same penalty.

Article 580: False testimony due to a gift

Any person who intentionally gives false testimony in exchange for any gift or reward shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 581: Influencing witnesses or judges

Any person who, before the court decision, makes any comments likely to influence witnesses or the judge, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 582: Perjury

Any person who, upon request, commits perjury or refuses to swear in a court, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of fifty thousand (50,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 583: Suborning of assistants in judicial organs

Any person who suborns a witness, an expert or an interpreter assisting in court to give false testimony, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 584: Punishing an assistant who gives false declaration in judicial organs

Any person called upon by judicial organs as an expert, interpreter or translator due to his/her knowledge who intentionally gives or writes false information, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Article 585: Embezzling objects seized by judicial organs

Any person who embezzles seized objects by virtue of his/her office or when they are entrusted to him/her by judicial organs, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Sub section 2: Discrediting the Judiciary and committing violence against those in judicial organs

Article 586: Insulting those in the judicial organs

Any person who insults a judicial police officer, a prosecutor, a judge, an advocate, a state attorney, a person of integrity in Gacaca courts, a court bailiff, a mediator or an arbitrator on duty or in connection with his/her duties with intent to undermine his/her dignity or respect, by words, gestures or threats, written or by image of any nature or by sending any objects, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs or one of these penalties.

If the insults happen during court hearing, the penalty is imprisonment of two (2) years to three (3) years.

Article 587: Threats against judicial officers

Any person who, for the purpose of manipulation, threatens a judicial police officer, a prosecutor, a Judge, a mediator, an arbitrator, an advocate, an expert, an interpreter, a translator and any other person commissioned by judicial organs shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two hundred thousand (200,000) to two million (2,000,000) Rwandan francs.

Article 588: Discrediting a decision of judicial organs

Any person who publicly discredits an act or decision of judicial organs, in a condition likely to cause contempt or lack of independence of the judicial organ, using words, writings, images or any acts, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 589: Non execution of court decision Any person who loses a case which requires execution and does not execute the court decision is guilty of contempt of justice and shall be liable to a term of imprisonment of six (6) months to two (2) years.

If the person imprisoned for contempt of justice complies with the decision of court, he/she shall be exempted from the rest of the imprisonment.

Sub section 3: Common provisions relating to disclosure of information

Article 590: Penalty for a person who delays to disclose or provide information

Any person who has the obligation to provide information who:

1° delays to give information without good cause,

2° knowingly gives incorrect, incomplete or misleading information;

shall be liable to a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

If case of recidivism, the perpetrator of the offence mentioned in paragraph one of this Article, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one million (1,000,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 591: Penalty for refusal to provide information or illegal withholding of information

Any person who intentionally and without justification fails to provide information or illegally withholds information for the purpose of concealing this information, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of two hundred thousand (200, 000) to one million (1,000,000) Rwandan francs or one of these penalties.

Section 10 : Road traffic offences

Article 592: Punishment of road traffic offences

Subject to severe penalties under other Articles of this Organic Law, any person who violates road traffic regulations while driving shall be liable to a fine of ten thousand (10,000) to one hundred and fifty thousand (150, 000) Rwandan francs.

If failure to respect road traffic regulations causes damage to infrastructures or any other property, the offender shall also be liable to compensation of the damaged property.

Section 11: Narcotic drugs and psychotropic substances

Sub section one: Narcotic drugs and psychotropic substances

Article 593: Unlawful use of narcotic drugs

Growing, selling, transformation, transportation, storage and consumption of narcotic drugs are prohibited, except in cases and conditions specified by law.

An Order of the Minister in charge of health specifies substances classified as narcotic drugs.

Article 594: Penalties for a person who unlawfully uses narcotic drugs and psychotropic substances

Any person, who consumes, injects, inhales, anoints him/herself with or makes any other unlawful use of narcotic drugs and psychotropic substances, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs.

Any person who, unlawfully, makes, transforms, imports, or sells narcotic drugs and psychotropic substances within the country, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

If the acts under Paragraph 2 of this Article are committed internationally, the penalties shall be doubled.

Article 595: Penalties for facilitating another person to use narcotic drugs and   psychotropic substances

Any person who facilitates another person to use narcotic drugs and psychotropic substances by providing premises, or by any other means, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

The penalties under Paragraph One of this Article shall also apply to any person who knowingly, by means of false or fraudulent medical prescriptions, obtains or gives narcotic drugs and psychotropic substances.

Any person, who knowingly delivers narcotic drugs and psychotropic substances on presentation of fraudulent medical prescription, shall be liable to penalties under Paragraph One of this Article.

Article 596: Inducing a child to use narcotic drugs

Without prejudice to the provisions of Article 220 of this Organic Law, any person who induces a child to use narcotic drugs in any other way shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Article 597: Confiscation of narcotic drugs and psychotropic substances

In case of the offences under Articles 594 to 596 of this Organic Law, the Court shall order the confiscation of narcotic drugs, psychotropic substances and precursors and the confiscation of all the materials and facilities which are used in growing, making, transforming, consuming, selling, storing and transporting such narcotic drugs and psychotropic substances and precursors.

The Court may order the confiscation of the items mentioned in Paragraph One of this Article even if the offender is not the owner as long as he/she was aware of their use.

Sub-section 2: Other psychotropic substances

Article 598: Penalties for a person who manufactures, sells, prescribes drugs, harmful products, cosmetics or body hygiene and other herbal substances prohibited in healing practice

Any person who manufactures, sells, prescribes a drug, harmful products, cosmetics or body hygiene and other herbal substances prohibited in healing practice, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,0000) to five million (5,000,0000) Rwandan francs or one of these penalties.

Section 12: Drunkenness in public and night disturbance

Article 599: Drunkenness in public

Any person found in a state of drunkenness on the road, playground, public ways , drinking places, sports places or any public places shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of twenty thousand (20,000) to one hundred thousand (100,000) Rwandan francs or one of these penalties.

If the owner of any drinking place and his/her employees allow on their premises obviously drunk persons and give them more alcoholic drinks, they shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of fifty thousand (50,000) to two hundred thousand (200,000) Rwandan francs or one of these penalties.

Article 600: Night disturbance

Any person found guilty of making noise and night disturbance in a way that causes trouble among people, shall be liable to a term of imprisonment of eight (8) days to two (2) months and a fine of fifty thousand (50,000) to one million (1,000,000) Rwandan francs or one of these penalties.

CHAPTER III: OFFENCES AGAINST PUBLIC CREDIBILITY

Section One: Counterfeit and falsification of monetary symbols

Article 601: Counterfeit, falsification and alteration of monies

Any person who fraudulently counterfeits, falsifies or alters coins, which are legal tender in Rwanda or abroad, bills issued by the State and bearing its stamp or emblem, banknotes, authorised notes or any other related effects used in Rwanda or abroad, or any person who introduces or issues on the Rwandan territory bills or notes which are legal tender with knowledge that they are counterfeit or altered, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

Article 602: Counterfeit, falsification and alteration of monies at international level

Any person, who commits offences mentioned under Article 601 of this Organic Law at the international level, shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 603: Circulation of counterfeit monies

Any person who knowingly acquires or receives coins or notes mentioned in Article 601 of this Organic Law, and circulates them to any person, even if he/she is not one of counterfeiters or importers of such monies shall be liable to a term of imprisonment of one (1) year to three (3) years.

Any person who receives counterfeit or altered coins, notes or other related effects which are legal tender in Rwanda or in foreign countries, and takes them without knowing that they are counterfeit, and who, when he/she discovers that they are counterfeit, circulates them among other people, shall be liable to imprisonment of six (6) months to two (2) years.

Article 604: Counterfeiting, using or circulating items misrepresented as money or negotiable instruments

Any person, who counterfeits, uses or circulates, by any means, items misrepresented as money or negotiable instruments shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two (2) to ten (10) times the value of the counterfeit money.

 

Article 605: Confiscation of counterfeit money

For all offences under Articles 601 to 604 of this Organic Law, the Court shall order the confiscation and destruction of money or other cash value effects counterfeit or altered and other materials and any other means used in counterfeiting or altering cash value vouchers.

Section 2: Counterfeiting or falsification of seals, stamps or other marks

Article 606: Counterfeiting official marks and marks of an individual or a private legal entity

Any person who:

1° counterfeits the State emblem;

2° counterfeits stamps or other equivalent documents of the same value and official marks of the State;

3° counterfeits the seal, postal stamp or emblem of any authority;

4° counterfeits headed paper or official printed documents used in institutions established by the Constitution, public administration or by courts;

shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of three hundred thousand (300,000) to three million (3,000,000) Rwandan francs.

If counterfeit or falsified objects belong to an individual, or private legal entities, the penalty shall be a term of imprisonment of two (2) years to five (5) years.

Article 607: Illegal use of marks

Any person who:

1° knowingly uses postal stamps or mobile stamps that have been used;

2° by any means alters stamps with intent to subject them to obliteration;

3° alters a postal stamp or equivalent documents with intent to pretend that a payment by a post service of a foreign country has been made;

4° uses or spreads, by any means, documents appearing like those used by Government institutions, which may make people believe their authenticity;

shall be liable to a term of imprisonment of six (6) months to two (2) years.

Any person who uses, distributes or spreads falsified postal stamps, coupons, prints, used postal stamps or papers authorised by postal administration, with knowledge that they are counterfeited or falsified, shall be liable to the penalty provided for under Paragraph One of this Organic Law.

Article 608: Confiscation of official marks and other counterfeited, falsified or altered marks

For all offences provided for in Articles 606 and 607 of this Organic Law, the court shall order the confiscation of seals, stamps or any other counterfeited, falsified or altered marks in any manner.

Section 3: Forging documents and usurpation of power

Article 609: Forging or alteration of documents

Any person who forges or alters documents by forged signature or fingerprint, falsifying documents or signatures or impersonation, forging agreements, its provisions, obligations, discharged obligations shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of three hundred thousand (300,000) to three million (3,000,000) Rwandan francs.

Article 610: Use of counterfeited document

Any person who knowingly, uses a counterfeit document shall be liable to the same penalty as the person counterfeiting a document.

Article 611: Counterfeit by a public servant

If a public servant or any other person in charge of public service counterfeits a document in the exercise of his/her duties, he/she shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five hundred thousand (500,000) and five million (5,000,000) Rwandan francs.

Article 612: Fraudulent acquisition or counterfeit and use of counterfeit documents and papers issued by the competent authority

Any person who:

1° fraudulently acquires a travel document, diploma, certificate, and transcript, driving licence, or any other document which is issued by competent authorities;

2° counterfeits or uses a document, a certificate and paper stated in point 1º of this Paragraph;

shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of three hundred thousand (300,000) to three million (3,000,000) Rwandan francs.

Article 613: Issuing a document by a competent civil servant to a person who is not entitled to it

A civil servant who issues or causes others to issue a document mentioned in Article 612 of this Organic Law , to a person who is not entitled to it, shall be liable to imprisonment of more than five (5) years to ten (10) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

Article 614: Counterfeit or use of a counterfeit document

Any person who:

1° knowingly issues a document containing materially incorrect facts;

2° falsifies or modifies, in any way, an original document;

3° knowingly uses an inaccurate or falsified document;

shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

Article 615: Illegal change of names

Any person who unlawfully changes his/her legally recognized name in an administrative or authentic document meant to be submitted to the Government authority shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs, or one of these penalties.

 

Article 616: Usurpation of duties, titles and uniform with intent to mislead the public

Any person without capacity who usurps public, civil or military duties, performs duties of one of these services or falsely acquires the powers of a public officer or publicly wears a costume, gown, uniform or an emblem with intent to mislead the public, shall be liable to imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50.000) to five hundred thousand (500,000) Rwandan francs.

If a person publicly wears a costume, gown, uniform, symbol or emblem which can make the public believe that he/she is a public authority by virtue of resemblance or a master allows or forces his/her servant to wear them, he/she shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 617: Wearing insignia, ribbon or any other decoration by a non-entitled person

Any person who publicly wears an insignia, a ribbon, or any other symbol of an organisation he/she does not belong to, except in drama, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1 000 000) Rwandan francs, or one of these penalties.

Any person, who illegally wears an insignia, a ribbon or uses a title of a Government profession, state academic certificate or any other entitlements granted to a person meeting requirements set by the Government shall be liable to the penalty provided for under the preceding paragraph.

Section 4: Offences of non-compliance with immigration and emigration laws

Article 618: Common provisions applicable to offences of non-compliance with immigration and emigration laws

Any person who:

1° knows or ought to know, assists a foreigner who is a persona non grata;

2° prevents an Immigration Officer from accomplishing his/ her duties;

3° enters and stays in Rwanda contrary to immigration and emigration law;

4° crosses or attempts to cross a border post or any other authorized place without clearance of an immigration officer;

5° crosses or attempts to cross through unauthorized place;

6° assists another person to obtain what he/she is not entitled to under immigration and emigration law;

7° conceals any offence provided for under this Article;

shall be liable to a term of imprisonment of fifteen (15) days but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

 

 

Article 619: Refusal by an expelled foreigner to leave Rwanda

Any foreigner, who is ordered to leave Rwanda and refuses to do so, shall be liable to a term of imprisonment of fifteen (15) days to three (3) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

A foreigner, who is ordered to leave Rwanda and refuses to do so, shall be deported after serving his/ her sentence.

Article 620: A deported foreigner who reenters illegally

A foreigner who is deported from Rwanda, and re-enters the country when the grounds for deportation are still valid, shall be liable to a term of imprisonment of one (1) year to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

The foreigner referred to in Paragraph One of this Article shall be deported after serving the sentence imposed on him/her.

Article 621: Employing a foreigner who is not legally authorised to work

Any person who, knowingly or ought to know, employs a foreigner contrary to the law, shall be liable to a term of imprisonment of seven (7) days but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

In case of recidivism, the employer shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 622: Refusal to return a travel document

Any person, who refuses to obey an order to return a travel document to the Directorate General of immigration and emigration, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Article 623: Penalty for a foreigner who does not comply with the decision taken against him/her by the Directorate General of Immigration and Emigration

Any foreigner who does not comply with the decision taken against him/her by the Directorate General of Immigration and Emigration to pay a fine, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of five hundred thousand (500,000) to two million (2, 000,000) Rwandan francs or one of these penalties.

If a passenger transport company refuses to respect the decision mentioned in Paragraph One of this Article, it shall be punished by suspension to operate in Rwanda or confiscation of its equipment.

Section 5: Misuse of public property and illegal award of public tenders

Sub section One : Misuse of public property

Article 624: Use of public property for purposes other than the one it was provided for

Any person entrusted with public authority or in charge of a public service mission who uses state budget funds or other public property for purposes other than that for which they were originally allocated to, without prior authorization of competent authority, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of three hundred thousand (300,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 625: Spending more public funds than the amount budgeted

Any person entrusted with public authority or in charge of a public service mission who spends more public funds than the amount of allowances allocated to cover his/her service facilities, without prior authorization of competent authority, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of twice (2) the value of the extra allowances that have been spent or one of these penalties.

Article 626: Misuse of public ender funds

Any person awarded a public tender who uses funds paid under a contract without compliance with agreed terms shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two (2) to five (5) times the value of the funds used without compliance with the above contract.

If the offence under Paragraph One of this Article is committed by companies, establishments, associations or private organizations, they shall be liable to one of the penalties provided for under Article 32 of this Organic Law.

Article 627: Misuse of property of public interest

Any person entrusted with authority to manage property of public interest belonging to an establishment, companies, private associations or organizations and uses such property for purposes other than what they are intended or contrary to the interests of such entities, their members and creditors shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two (2) to five (5) times the value of the misused funds or one of these penalties.

Sub section 2: Illegal award of public tenders

Article 628: Penalties for offences related to the violation of the Law on public tenders

Any person who:

1° discloses to the bidder information on technical specifications of the tender before its publication;

2° refuses without reasonable cause to deliver a bidding document and its supplement or correction or delivers a different or a modified document;

3° influences the tender evaluation committee to use evaluation criteria not provided for by the tender document;

4° uses a criterion that is not provided in the tender document to award a tender;

5° splits a tender with the aim of avoiding the application of the provisions of the law relating to public procurement;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

A superior who orders his/her subordinate to commit one of the acts under this Article shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

 

Article 629: Awarding a tender to an unqualified bidder

Any person who:

1° awards or proposes to award a tender to a company with no legal personality; 2° awards or proposes to award a tender to a bidder that has been blacklisted;

3° participates directly or indirectly in the process of awarding a tender when there is conflict of interest under the provisions of the law of public procurement;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

A superior who orders his/her subordinate to commit one of the acts under this article shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs.

Article 630: Award of unjustified advantages during the performance contract

Any person who:

1° makes a contract amendment disregarding the provisions of the law and public procurement regulations and increases the value of the tender or reduces the assignment of the tender without a corresponding decrease in the tender value;

2° revises or updates prices that are not provided by the bidding documents or in violation of its requirements;

3° approves or pays unexecuted, substandard works, or incomplete consultancy services or non-existent works or pays these works or services or pays an amount exceeding the contractual amount;

shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

A superior who orders his/her subordinate to commit one of the acts under Paragraph One of this Article shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 631: Collusion with bidders

Any person who colludes with bidders in public procurement, shall be liable to term of imprisonment of one (1) year to three (3) years and a fine of two hundred thousand (200,000) to one million (1,000,000) Rwandan francs.

If the person who commits the offence under the preceding paragraph is a superior, he/she shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 632: Awarding a tender without open competitive bidding

Any person who awards a tender without open competitive bidding in disregard of the provisions of the Law of public procurements shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

A superior who orders his/her subordinate to commit one of the acts under Paragraph One of this Article, shall be liable to a term imprisonment of three (3) years to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Section 6: Corruption and related offences

Sub section One: Definitions of terms

Article 633: Definitions of corruption, public service, civil servant and public entities

For the purpose of this Organic Law:

1° corruption means:

  1. any act of abuse of a position, power or honour one enjoys within a state organ, in a public or private institution, in a foreign company or international organization working in the country, or power conferred by any other function which is used contrary to the law, by giving to oneself, giving to others or requiring an illegal benefit or a service contrary to the law;
  2. any act leading to the accumulation of property without legal justification;
  3. using a person with a position, power or honour mentioned under item (a) of this Article, in order to benefit from an illegal advantage or a service contrary to the law;
  4. giving or agreeing to give a gift in cash or any other illegal benefit , for the provision of a service or act in unlawful way or to reward the provider of the service or act rendered, either by the recipient or an intermediary;
  5. requiring, receiving or accepting to receive a gift in cash or any other illegal benefit for the provision of a service in an unlawful way or to be rewarded once the service is provided or the act is done either by the recipient or an intermediary.

2° public service means any service that should be provided to public, the nonperformance of which would adversely affect the welfare of beneficiaries;

3° civil servant means any person with public authority of whatever rank, or one with public mandate either through regular election or by civil service appointment, who is in charge of state missions or public service, and is involved in management of State property, decentralized entities, a public service organs, or a public company or enterprise;

4° public entities means all public services using public funds and public institutions.

Sub section 2: Penalty for corruption and related offences committed by a natural person

Article 634: Demanding or receiving illegal benefit in order to offer a service

Any person who explicitly or implicitly demands or directly or indirectly receives a gift or any other illegal benefit for him/herself or another person or accepts it as a promise in order to offer a service under his/her mandate shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two (2) to ten (10) times the value of the illegal profit solicited.

Article 635: Demanding or receiving an illegal benefit in order to accomplish an illegal act or refrain from carrying out required duties

Any person who explicitly or implicitly demands or directly or indirectly receives gifts or any other illegal benefit for him/herself or another person or accepts it as a promise in order to accomplish an illegal act or to refrain from carrying out his/or her duties, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of two (2) to ten (10) times the value of illegal benefit demanded.

Article 636: Illicit enrichment

Any civil servant or any other person who enriches him/herself without indicating the justification of honest and legal source shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two (2) to ten (10) times the value of the property the legal source of which, he/she is not able to justify.

Article 637: Demanding favours of sexual nature in exchange for a service

Any person who explicitly or implicitly demands or benefits from, or accepts favours of sexual nature as a promise in order to accomplish a duty, or to refrain from carrying out his/her duties, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of fifty thousand (50,000) to one million (1,000,000) Rwandan francs.

Article 638: Offering favours of sexual nature in exchange for a service

Any person who, explicitly or implicitly gives or promises favours of sexual nature in order to get a service or cause the service provider to render illegally a service shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of fifty thousand (50,000) to one million (1,000,000) Rwandan francs.

Article 639: Corruption committed by judges, arbitrators, judicial officers, prosecutors, police officers or other judicial police officers

Any judge or arbitrator who commits corruption or any related offences in a decided case shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of two (2) to ten (10) times the value of the illegal benefit solicited.

If a judge convicts a person to a term of imprisonment exceeding ten (10) years because of corruption, the same penalty shall apply to the judge.

Any judicial officer, prosecutor, police officer or any other judicial police officer who receives or accepts a bribe in order to exert an influence resulting in an unfair decision, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of two (2) to ten (10) times the value of the illegal benefit demanded.

Article 640: Offering a gift for a service to be rendered

Any person who explicitly or implicitly offers, directly or indirectly proposes or promises a gift or any other illegal benefit, to a person in charge of a service, mission or mandate in order to render a service to him/her or somebody else, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two (2) to ten (10) times the value of the illegal benefit granted or promised.

Article 641: Offering a gift in order to get an illegal service

Any person who explicitly or implicitly offers, proposes directly or indirectly a gift or any other illegal benefit , to a person in charge of a service, mission or mandate or who promises it in order to render a service or to refrain from carrying out any usual duties, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of twice (2) to ten (10) times the value of the illegal benefit he/she offered or promised.

Article 642: Demanding or receiving undue or excessive money

Any employee who knowingly demands undue money or receives an excessive amount of money for a service fee, revenue, tax, fine, security, interests, benefits or salaries of employees, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of twice (2) to ten (10) times the value of the illegally received benefit.

Article 643: Penalties for illegal exemption

Any employee who unlawfully accords or exempts fees, duties, taxes, fines, security and other required fees, gives free of charge or at a lower price, the delivery of public or private goods, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two (2) to ten (10) times the value of the exemption, the value of goods delivered free of charge or at a lower price or one of these penalties.

Article 644: Soliciting, promising and receiving bribe or any other illegal benefit in order to use influence of a position

Any person who explicitly or implicitly solicits, promises, or receives directly or indirectly a bribe or any other illegal benefit , affirming to exert an influence or acquaintance for another person to make a decision whether the bribe or benefit is for him/herself or somebody else, whether the exerted influence or acquaintance produces expected results or not, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of twice (2) to ten (10) times the value of the illegal benefit solicited, promised or received.

Any person who exercises his/her authority to influence the decision that interests him/her or to deter the decision that affects him/her shall be liable to the penalties under Paragraph One of this Article.

Article 645: Offering an illegal benefit or any other gift to benefit of exertion of another person‟s influence

Any person who explicitly or implicitly offers, directly or indirectly gives or promises gifts or any other illegal benefit to another person with intent to use his/her authority or acquaintances to influence any decision, whether the benefit is for him/herself or another person, whether the exerted influence produces the expected results or not, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two (2) to ten (10) times the value of illegal benefit offered or promised.

Article 646: Demanding sexual favours to influence the taking of a decision

Any person who explicitly or implicitly demands sexual favours affirming to be capable of having a decision made by influencing another person, whether the exerted influence produced expected results or not, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to one million (1,000,000) Rwandan francs.

The same penalties shall apply to any person who accepts to offer sexual favours to the person using influence or acquaintance.

 

Article 647: Making a decision based on favouritism, friendship, hatred or nepotism

Any person in charge of a public or private service with general interest, who makes a decision based on favouritism, friendship, hatred or nepotism to any person who seeks a service, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of three hundred thousand (300,000) to two millions (2,000,000) Rwandan francs.

Article 648: Appropriation of unlawful favours

Any civil servant or any other person who:

1° directly or indirectly unlawfully takes or accepts himself or by means of an intermediary to receive any kind of benefits, from services or public tenders, in public services or any other services, in which that person has, at the time of commission of the act, administration or control in whole or in part;

2° unlawfully profits from a service which he/she was in charge of authorizing payment or liquidation,

shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two (2) to ten ( 10) times the value of the illegal benefit received.

Article 649: Corruption by public or private companies, enterprises, organizations or associations with legal personality

Public or private companies, enterprises, organizations or associations with legal personality which commit corruption or related offences, shall be liable to a fine of five (5) to ten (10) times the value of illegal profit received or accepted, demanded, given or promised.

Article 650: Giving or receiving bribe in order to assist justice in obtaining evidence

A person who gives or receives a bribe in a bid to assist justice in obtaining evidence for the crime of corruption shall not be criminally liable.

Article 651: Confiscation of proceeds of corruption and other related offences

If the defendant is found guilty of corruption or other related offences provided for in this Section, the Court must order the confiscation of property, proceeds or other assets resulting from the offence and the fruits thereof and all other resulting profits or whose origin was not legally justified.

Section 7: Money laundering and terrorism financing

Sub section One: Definitions of terms

Article 652: Money laundering

For the purpose of this Organic Law, money laundering means one or several of the following acts committed deliberately:

1° the conversion, transfer or handling of property whose perpetrator knows that they derive from a misdemeanour or a felony, or from an act of participation in such offences, for the purpose of concealing or disguising the illegal origin of the property or of assisting any person involved in the commission of such an offence to escape justice;

2° the concealment, disguise of the true nature, origin, location, disposition, donation, the owner of the property or the person having rights on it, knowing that such a property is derived from a misdemeanour or a felony or from an act of participation in such offences;

3° acquisition, possession or use of property, knowing, at the time of reception , that such a property is derived from a misdemeanour or a felony or from an act of participation in such offences;

4° participation in, association to commit, attempts to commit, aiding, inciting, abetting, facilitating or counselling the commission of any of the acts mentioned in this Article.

Money laundering is committed even if the original acts leading to the acquisition, disposition or transfer of the property to be laundered or the protection of the offender, are carried out on the territory of a third State.

Article 653: Financing of terrorism

An offence of financing of terrorism means an act of financing a terrorism enterprise by an individual by providing, collecting or managing funds, assets or any goods or by providing advice to that effect, with the aim of having those assets or goods utilized or knowing that they are intended to be used, entirely or partially in order to commit any of terrorism acts.

Sub-section 2: Penalties for money laundering and financing of terrorism

Article 654: Penalties for a person who commits money laundering and financing of terrorism

Any person who commits money laundering or an accomplice, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of two (2) to five (5) times the value of the amount of the laundered sums.

Any person, who commits terrorism financing, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine, in Rwandan francs, of two (2) to five (5) times the amount of his/her financial assistance.

Article 655: Complicity in money laundering and financing of terrorism

Any person who associates with an association with intent to commit acts mentioned in Articles 652 and 653 of this Organic Law, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of two (2) to ten (10) times the amount of his/ her financial assistance.

Article 656: Penalties for money laundering or financing of terrorism committed by a legal entity

Public or private companies, enterprises, organizations or associations with legal personality which commit an offence of money laundering or financing of terrorism, through their representatives, shall be liable to a fine equal to twice the fine applicable to individuals, without prejudice to the liability for complicity of its representatives.

The legal entity, depending on the gravity of the events, may also be sentenced to:

1° prohibition from direct or indirect involvement in specific professional activities;

2° suspension for not less than five (5) years;

3° dissolution when established as a criminal organization.

The court‟s decision shall published in newspapers and through other means used by the media.

Article 657: Aggravating circumstances on the offence of money laundering or financing of terrorism

Penalties mentioned in Articles 654, 655 and 656 of this Organic Law may be doubled :

1° if the principal offence is punishable by a term of imprisonment higher than the one in Articles 654, 655 and 656 of this Organic Law;

2° if the offence is committed in the course of employment;

3° if the offence is committed within the framework of an organized criminal conspiracy;

4° in case of recidivism.

Article 658: Penalties for other offences related to money laundering or financing of terrorism

Any natural person or legal entity who, in the exercise of its duties of managing, supervising or providing advice on deposit, currency exchange, investment or using any other means of transfer of funds or any other property:

1° reveals to third parties, the suspicious transaction report made to the Financial Investigation Unity, in the context of the execution of their activities;

2° knowingly destroys records or documents filed;

3° performs or attempts to perform under a false identity, the transactions for which the declaration of identity is prescribed;

4° having been informed because of their profession, of an investigation for money laundering, informs, by all means, the persons subject to the investigation;

5° communicates to judicial authorities or to the competent civil servants, documents that he/she knows are truncated or erroneous;

6° disregards the rules related to the secrecy of information collected, related to the prohibition to reveal them or communicate them;

7° do not submit the suspicious transaction report , despite the fact that the transaction lead to deduce that the funds could come from one of the offences related to money laundering or to financing of terrorism;

8° makes or accepts payments in cash for sums higher than the threshold set by the Financial Investigation Unit;

9° violates the rules related to the international transfer of funds;

shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to five million (5,000,000) Rwandan francs.

Section 8: Offences related to leadership code of conduct

Article 659: Penalties for a leader who gives priority to foreign interests over Rwandan interests

Any leader who gives priority to interests of a foreign country over Rwanda‟s interests shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 660: Penalties for a leader who tarnishes the image of the Country or the Government

Any authority who commits an act aimed at tarnishing the image of the Country or the Government, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 661: Penalties for a leader conducting activities incompatible with his/her duties

Any leader who engages in activities incompatible with his/her duties , shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 662: Penalties for a leader‟s silence about a misconduct of another leader

A leader who is aware that another leader, even if he/she is not his/her superior, behaves in a manner that is inconsistent with the organic law on the leadership code of conduct who does not report the case in writing to competent authorities within a period not exceeding fifteen (15) shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of one hundred thousand (100.000) to one million (1.000.000) Rwandan francs or any of these penalties.

If a superior is aware of the misconduct under Paragraph One of this Article and does not prevent or disclose it, he/she shall be treated as an accomplice.

Section 9: Other offences committed by civil servants

Article 663: Taking a decision hindering the enforcement of a law

Any person holding a public office who by virtue of his/her office makes a decision that hinders the enforcement of a law shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

The offence under the preceding paragraph shall be punishable by imprisonment of more than five (5) years to seven (7) years and a fine of three hundred thousand (300,000) to five million (5,000,000) Rwandan francs, if it has been committed.

Article 664: Continued use of authority after termination of office in accordance with law

Any person holding authority or a public office, or invested with responsibility from an elective mandate, who is informed of termination of his/her office or whose term of office has expired, but continues to exercise the mandate, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 665: Act violating individual liberty

Any person holding public authority or responsible for a public service, who, in the course of exercising his/her duties, orders or does an act that violates an individual‟s liberty, shall be liable to a term of imprisonment of two (2) years to five (5) years.

Article 666: A person with authority who fails to assist or seek assistance to end illegal deprivation of individual liberty

Any person who holds public office or responsible for a public service, who is aware of illegal deprivation of an individual‟s liberty and fails to assist or to seek assistance from competent authority to end it shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs, or one of these penalties.

Article 667: Fraudulent use of employees

Any person who fraudulently engages employees under his/her supervision for his/her own interest or that of a third party shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs, or one of these penalties.

Article 668: Unlawful detention

Any civil servant who puts or retains a person in detention or in prison, without an order or a judgment passed in conformity with the law, shall be liable to a term of imprisonment equivalent to the term incurred by the illegally detained person and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 669: Residence trespassing

Any person who holds public office or responsible for a public service who enters or attempts to enter another person‟s residence without authorisation of the owner, except in cases provided for by law, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

CHAPTER IV: OFFENCES AGAINST PUBLIC SECURITY

Section One: Offences related to arms

Article 670: Definition of arms

Arms mentioned in this Section means guns and their ammunition, grenades and any other explosive used as arms.

Article 671: Possessing, selling, manufacturing, falsification of identification marks, distribution and importing arms

Any person who illegally possesses, lends or gives an arm, or falsifies its identification marks, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of three hundred thousand (300,000) to three million (3,000,000) Rwandan francs or one of these penalties.

Any person who illegally and in any way imports, stocks, sells, manufactures or distributes arms, or their parts, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five hundred thousand (500.000) to five million (5.000.000) Rwandan francs.

If offences under Paragraphs One and 2 of this Article are committed at international level, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of one million (1.000.000) to five million (5.000.000) Rwandan francs.

Article 672: Loss, causing theft or destruction of arms due to negligence

Any person who legally possesses an arm, and loses it by negligence, shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of fifty thousand (50,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.

Any person in charge of an armoury, who due to negligence causes theft, destruction or illegal removal of the arms from such armoury, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200.000) to one million (1.000.000) Rwandan francs or one of these penalties.

Article 673: Illegal use of an arm

Any person who illegally carries, fires or uses an arm in any way in a residential area or its neighbourhood, shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of three hundred thousand (300,000) to three million (3,000,000) Rwandan francs, or one of these penalties.

Article 674: Exposing, lending, giving away or losing a firearm

Any person, who exposes, lends, gives away or loses a firearm, shall be liable to a term of imprisonment of at least one (1) month but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 675: Providing false information or refusing to give information with the aim of obtaining a license for possession and carriage of a firearm

Any person, who provides false information or refuses to provide information with the aim of obtaining a license for possession or carriage of a firearm, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

Article 676: Acts considered as felonies

The following acts shall be considered as felonies:

1° illegal manufacturing of arms or manufacturing of prohibited firearms;

2° importing and storing arms without authorization or importing unauthorized arms;

3° illegal trafficking in arms or trafficking in prohibited arms;

4° erase or falsification of identification marks of arms;

5° illegal proliferation of arms, ammunition and other related materials.

Any person who commits one of the acts mentioned in Paragraph One of this Article, shall be liable to a term of imprisonment of ten (10) years to twenty five (25) years and a fine of two million (2,000,000) to ten million (10,000,000) Rwandan francs in addition to having his/her license revoked.

The same penalties shall also apply to any person who supports or facilitates the commission of the acts under Paragraph One of this Article.

Article 677: Repairing arms which are out of service without license

Any person, who repairs arms which are out of service without license, shall be liable to a term imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Article 678: Exporting arms to an area of armed conflict or a country under embargo

Any person who exports arms, ammunition and other related materials to an area of armed conflict or to a country under arm embargo imposed by the United Nations Security Council, or by organizations of which Rwanda is a member, shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five million (5,000,000) to fifty million (50,000,000) Rwandan francs in addition to having his/her arm dealer license revoked.

Article 679: Illegal use of a firearm

Any person who, illegally uses a firearm under the influence of alcohol or drugs, refuses to surrender a firearm or related documents to relevant authorities or to surrender the firearm to relevant authorities when required, shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of fifty thousand (50,000) to two hundred and fifty thousand (250,000) Rwandan francs.

Article 680: Use of nuclear, chemical, biological and toxic weapons

Any person who uses nuclear, chemical, biological and toxic weapons shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Section 2: Criminal gangs

Article 681: Formation of a criminal gang

To form an association, regardless of its duration or number of members, for the purpose of preparing offences against persons or property, is a felony.

Article 682: Penalties for forming and organizing a criminal gang

Any person who forms, organises, promotes or leads a criminal gang shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

In case of recidivism, the term of imprisonment shall be fifteen (15) years to twenty (20) years.

Article 683: Aiding the formation of a criminal gang

Any person, who aids, in any way, the formation of a criminal gang, shall be liable to a term of imprisonment of two (2) years to five (5) years.

In case of recidivism, the penalty shall be imprisonment of more than five (5) years to seven (7) years.

Section 3 : Illegal demonstration on public ways or public gathering

Article 684: Definitions of terms

For the purpose of this Organic Law:

A demonstration means a group of people gathered in a public place with intent to demonstrate their opinion or point of view by means of a number of actions or shouting.

A public gathering means a meeting open for the public or in which the public is invited.

Article 685: Penalties for illegal demonstration or public gathering

Any person who holds a public meeting or demonstration on public ways without notifying the competent authority shall be liable to a term of imprisonment of eight (8) days but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

If a person holds a public meeting or demonstration on public ways despite refusal by a competent authority, that person shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs or one of these penalties.

If a person holds a public meeting or demonstration on public ways without notifying the competent authority and impairs security, order or public health, that person shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

If a person holds a public meeting or demonstration on public ways after refusal by a competent authority and impairs security, order or public health, that person shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs.

Section 4 : Offences of forming or leading or claiming to lead an illegal political organization

Article 686: Illegal formation and leadership of a political organization

Any person who, illegally forms or leads a political organization shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.

Any person who leads or claims to belong to a political organization that continues its activities while under suspension or that resumes itself after dissolution, shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of two million (2.000.000) to five million (5.000.000) Rwandan francs.

Section 5: Vagrancy and begging

Article 687: Definition of vagrancy

Vagrancy means behaviour of a person who has no fixed abode and has no regular occupation or profession, in the way that it impairs public order.

Article 688: Penalties for vagrancy

Any person who commits vagrancy shall be liable to a term of imprisonment of two (2) months but less than six (6) months and a fine of ten thousand (10,000) to one hundred thousand (100,000) Rwandan francs, or one of these penalties.

Article 689: Definition of begging

Begging means behaviour of a person who is a habitual beggar.

Article 690: Penalties for begging

Any person who commits begging shall be liable to a term of imprisonment of eight (8) days but less than six (6) months.

Any beggar who:

1° uses threats; 2° enters a residence or its compound without the consent of the owner;

3° pretends to be ill or disabled;

4° adopts a behaviour that reduces him/her to a pitiful state;

shall be liable to a term of imprisonment of six (6) months to one (1) year.

A group of beggars shall be liable to the penalty under Paragraph 2 of this Article.

Article 691: Using, encouraging, taking and inciting a child to beg

Any person, who uses, encourages, takes or incites a child to beg, shall be liable to a term of imprisonment of one (1) year to two (2) years.

When the child used in beggary has a physical or mental disability, the term of imprisonment shall be three (3) years.

Article 692: Violence committed by a vagrant or a beggar

Any beggar or vagrant who carries a weapon or an instrument likely to commit theft or any other offence, or to facilitate entry into house, or uses violence against another person shall be liable to a term of imprisonment of one (1) year to three (3) years, without prejudice to severe penalties, depending on the nature and circumstances of the violence.

Section 6: Escape of detainees or prisoners

Article 693: Definitions of terms

For the purpose of the this Organic Law:

1° “A detainee” means any person imprisoned in accordance with a legal decision taken by a court but who has not been tried for a definitive sentence;

2° “escape” means the act of a detainee, illegally leaving the detention place in a way contrary to law.

Article 694: Escape of a detainee or a prisoner

Any person who escapes from pre-trial detention shall be liable to a term of imprisonment of two (2) years to five (5) years.

Any person who escapes while serving a sentence shall be liable to double of the penalty that remains to be served.

Article 695: Escape by breaking, corruption or violence

Any person who escapes by breaking, corruption or violence shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

If a firearm, an explosive or a hypnotic substance is used, the penalty shall be increased to a term of imprisonment of fifteen (15) years.

Article 696: Aiding a detainee or a prisoner to escape

Any person who, in any way, aids a detainee or a prisoner to escape, shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Article 697: Aiding the escape of a detainee or a prisoner by a guard

Any guard who aids an escape or preparation for a detainee or a prisoner to escape or fails to prevent it shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs.

Section 7: Breach of a restriction

Article 698: Penalty for breach of a restriction

A convicted person who breaches obligations under Articles 54 to 57 of this Organic Law commits breach of a restriction and shall be liable to a term of imprisonment of a period not less than the remaining period of the sentence and not more than double of the remaining period.

CHAPTER V: PRESS OFFENCES

Article 699: Definition of press offence

A press offence means any illegal act committed by a print, audio or audiovisual media or media using Information, Communication Technology or internet.

Section 7: Rupture de ban

Article 700: Penalties for not complying with the requirements of starting a media

Any person or organisation that starts a newspaper illegally shall be liable to a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs.

The competent Court shall order the suspension of the newspaper until official authorization is granted.

Any person or organisation that illegally starts an audio or audiovisual press enterprise shall be liable to a fine of five hundred thousand (500,000) to one million (1.000.000) Rwandan francs.

The competent Court shall order the suspension of such press enterprise until official authorization is granted.

In case of recidivism of offences under Paragraphs One and 3, the Court may withdraw permanently the authorization to establish a press newspaper or a press enterprise.

Article 701: Penalty for refusing to publish a correction, a reply or a rectification in a newspaper

Any journalist who refuses to publish a correction, a reply or a rectification in a newspaper shall be liable to a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs.

Article 702: Penalty for refusing to publish a correction, a reply or a rectification in an audio or audio visual media

Any journalist who refuses to publish a correction, a reply or a rectification in an audio or audio visual media shall be liable to a fine of three hundred thousand (300,000) to six hundred thousand (600,000) Rwandan francs.

Article 703: Penalty for a person who incites another to commit a press offence

Any person who incites another to commit a press offence shall be considered as an accomplice if such an incitement succeeds or is followed by an attempt and shall be liable to the penalty provided for such an offence.

Article 704: Penalties for a press offence committed with the intent to undermine public order and territorial integrity

Any person who commits a press offence with the intent to undermine public order and territorial integrity shall be liable to a term of imprisonment of more than five (5) years to ten (10) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 705: Exemption from criminal liability for a journalist

Subject to the provisions of Article 281 of this Organic Law, a journalist who publishes an article on the activities in relation to the privacy of an authority when such activities adversely affect public interest shall be exempted from criminal liability.

TITLE IV: MILITARY OFFENCES

CHAPTER ONE: GENERAL PROVISIONS

Section One: Definitions of terms

Article 706: A superior

A superior means a soldier whose rank is higher than that of another or who assumes greater responsibility than another in case of equal ranks.

Article 707: Soldier on guard duty

A soldier on guard duty means a soldier on duty.

Section 2: Military offences and their penalties

Article 708: Application of the provisions relating to punishment of military offences

Military courts shall apply penalties under ordinary criminal law for ordinary offences committed by soldiers between themselves and against civilians.

For military offences, penalties to be applied shall be those under provisions relating to the punishment of military offences.

For all offences, military courts apply the general provisions of this Organic Law with the exception of the offences under provisions relating to the punishment of military offences.

Article 709: Military offenses

Military offences are:

1° treason and espionage committed by a soldier;

2° breach of military duties ;

3° insubordination and revolt;

4° violence and contempt against a superior or a soldier on guard duty;

5° desertion;

6° self-inflicted mutilation;

7° use of an arm without an order from a superior;

8° offences sabotaging the military communication system;

9° negligence offences;

10° diversion, sale and stealing of arms, ammunitions or any other military equipments;

11° surrender to the enemy of a post or a position assigned to him/her;

12° refusal to go to his/her place of deployment in wartime;

13° abandonment of post and disobeying instructions;

14° sleeping while on guard duty;

15° drunkenness;

16° service abandonment;

17° absence from the post in wartime;

18° strike;

19° murder of a superior;

20° unauthorized extension of leave by an officer;

21° leading conspiracy;

22° violation by a soldier of some foreign legal and regulatory provisions.

Article 710: Military penalties

The military penalties are:

1° main penalties;

  1. imprisonment;
  2. fine;
  3. community service as alternative penalty to imprisonment;

2° additional penalties;

a.stripping off ranks ;

b.demotion.

Section 3: Imprisonment

Article 711: Serving the penalty of imprisonment

A convicted soldier shall serve his/her sentence in a legally recognized prison.

The duration of the prison sentence shall not be considered as time spent in military service.

An imprisonment exceeding two (2) years shall lead to automatic dismissal of the convicted soldier from military service.

Section 4: Fine

Article 712: Imposition of the fine

The fine provided under this Section shall be imposed and paid in accordance with the provisions of Articles 41, 42, 43, 44, 45 and 46 of this Organic Law.

Section 5: Penalty of community service as alternative penalty to imprisonment

Article 713: Imposing community service as alternative penalty to imprisonment

The penalty of community service as alternative penalty to imprisonment under this Section shall be imposed and executed in accordance with the procedures under Articles 47 and 50 of this Organic Law.

Section 6: Stripping off ranks or demotion

Sub-section One: Stripping off ranks

Article 714: Offences punishable by stripping off ranks

Stripping off ranks is an additional penalty imposed by the Court against a soldier who has committed any of the following offences:

1° treason;

2° surrender to the enemy of a post or a position assigned to him/her;

3° insubordination or revolt in wartime;

4° refusal to go to his/her place of deployment in wartime;

5° desertion;

6° genocide;

7° crimes against humanity;

8° rape.

Stripping off ranks shall apply to any soldier sentenced to imprisonment of a term equal to or more than five (5) years.

Article 715: Consequences of stripping off ranks

Stripping off ranks shall have the following consequences:

1° deprivation of rank and the right to wear related military insignias and uniform;

2° inability   to serve in Rwanda Defence Forces, in any capacity;

3° loss of the right of access to public employment;

4° loss of the right to vote and be elected;

5° deprivation of the right to wear any decoration or any other sign worn as a mark of honor.

Sub-section 2: Demotion

Article 716: Offences punishable by demotion

Demotion is an additional penalty that the Court may impose against a soldier who commits any of the following ordinary offences and military offences other than those under Article 713 of this Organic Law:

1° corruption;

2° discrimination;

3° embezzlement;

4° public drunkenness ;

5° indecent assault;

6° aggravated assault and battery;

7° fraud ;

8° theft;

9° breach of trust;

10° use of narcotic drugs.

Article 717: Consequences of demotion

A soldier sentenced to demotion shall lose his/her rank and reverted to the rank preceding the one he/she had for a period between six (6) months and three (3) years.

The soldier seniority in the rank shall be suspended in case of demotion.

The penalty of demotion shall not apply to soldiers holding the rank of private and second lieutenant.

CHAPTER II: PENALTIES FOR MILITARY OFFENCES

Section One: Breach of military duties

Article 718: Abandonment or surrender by an officer to the enemy of post or a position assigned to him/her

Any officer who abandons or surrenders a post or a position assigned to him/her to the enemy while on the battlefield without being forced to do so by the superiority of the enemy shall be liable to a term of imprisonment of twenty (20) years to twenty five (25) years.

Article 719: Abandonment of post and disobeying instructions

Any soldier who abandons a post or disobeys instructions while on guard duty shall be liable to a term of imprisonment of two (2) months but less than (6) months.

If he/she commits such acts in wartime, he/she shall be liable to a term of imprisonment of one (1) year to two (2) years.

If he/she commits such acts in the face of the enemy, he/she shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 720: Sleeping on guard duty

Any soldier who is found sleeping while on guard duty shall be liable:

1° in peacetime, to a term of imprisonment of eight (8) days to two (2) months;

2° in wartime, to a term of imprisonment of six (6) months to one (1) year;

3° in wartime, and in the face of the enemy, to a term of imprisonment of one (1) year to two (2) years.

Article 721: Drunkenness

Any soldier who is found drunk while on guard duty shall be liable:

1° in peacetime, to a term of imprisonment of one (1) month but less than six (6) months;

2° in wartime, to a term of imprisonment of six (6) months to one (1) year;

3° in wartime, and in the face of the enemy, to a term of imprisonment of   one (1) year to two (2) years.

Article 722: Service abandonment

Any soldier who is absent from work without authorization while off duty, shall be liable:

1° in peacetime, to a term of imprisonment of one (1) month but less than six (6) months;

2° in wartime, to a term of imprisonment of one (1) year to two (2) years.

If the offender is a post commander, he/she shall be liable to the maximum penalty.

Any offender may be liable to a term of imprisonment of ten (10) years to fifteen (15) years if he/she abandons the post in the face of the enemy.

Article 723: Absence from the post in wartime

Any soldier who fails to return on duty in wartime when the army is on alert in the required time shall be liable to a term of imprisonment of one (1) year to two (2) years.

Section 2: Insubordination and revolt

Article 724: Definitions of terms

Insubordination means any refusal by a soldier to obey orders of his/her superior or conscious refusal to obey orders given for the purpose of duty.

A revolt means any simultaneous disobedience by two or more soldiers of orders given by superiors for the purpose of duty.

Article 725: Insubordination

Any soldier who disobeys orders given by a superior or who intentionally disobeys orders to carry out military service shall be liable to a term of imprisonment of six (6) months to one (1) year.

If the offence is committed by an officer in wartime, he/she shall be liable to a term of imprisonment of more than five (5) years to seven (7) years while any other soldier shall be liable to a term of imprisonment of one (1) to two (2) years.

Any soldier who commits such an offence in the face of the enemy shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 726: Revolt

Soldiers who engage in planned revolt in wartime shall be liable to a term of imprisonment of more than five (5) years to seven (7) years. In other circumstances, they shall be liable to a term of imprisonment of one (1) year to   three (3) years.

Soldiers who commit the offence of an unplanned revolt in wartime shall be liable to a term of imprisonment of one (1) year to two (2) years. In other circumstances, they shall be liable to a term of imprisonment of at least three (3) months but less than six (6) months.

Instigators or leaders of revolt shall be liable to the maximum penalty.

An officer who engages in revolt with other soldiers shall be liable to a term of imprisonment of three (3) years to five (5) years.

If an officer engages in revolt with other soldiers in wartime, he/she shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 727: Strike

Any soldier who engages in a strike with other soldiers or civilians shall be liable to a term of imprisonment of six (6) months to one (1) year.

If a soldier acts as an instigator, leader or organizer of the strike, he/she shall be liable to a term of imprisonment of one (1) year to two (2) years.

Section 3: Contempt and violence against a superior or a soldier on guard duty

Article 728: Contempt against a superior

Any soldier who commits contempt against a superior shall be liable to a term of imprisonment of two (2) months but less than six (6) months.

If the offender commits a contempt against a superior on duty or in the course of duty, he/she shall be liable to a term of imprisonment of six (6) months to one (1) year.

Article 729: Violence against a soldier on guard duty

Any soldier who commits violence against a soldier on guard duty shall be liable to a term of imprisonment of six (6) months to one (1) year.

If the violence against a soldier on guard duty results in sickness or loss of working capacity for a period of at least eight (8) days, the offender shall be liable to a term of imprisonment of one (1) year to two (2) years.

If the violence against a soldier on guard duty results in incurable sickness, permanent loss of working capacity, total loss of use of an organ or serious mutilation, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

If the violence results in death, the offender shall be liable to life imprisonment.

Article 730: Violence against a superior

Any soldier who commits violence against a superior shall be liable to a term of imprisonment of six (6) months to one (1) year.

If the violence against a superior results in a sickness, injury or a disability or loss of working capacity for a period of not less than eight (8) days, the offender shall be liable to a term of imprisonment of one (1) year to three (3) years.

If the violence against a superior results in an incurable sickness, permanent loss of working capacity, total loss of use of an organ or serious mutilation, the offender shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

If the violence against a superior results in death, the offender shall be liable to life imprisonment.

Article 731: Violence against a superior while on duty or in the course of duty

Any soldier who commits violence against a superior while on duty or in the course of duty shall be liable to a term of imprisonment of six (6) months to one (1) year.

If the violence against a superior results in a sickness or permanent loss of working capacity for a period of not less than eight (8) days, the offender shall be liable to a term of imprisonment of two (2) years to five (5) years.

If the violence against a superior results in incurable sickness, permanent loss of working capacity, total loss of use of an organ or serious mutilation, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

If the violence results in death, the offender shall be liable to life imprisonment.

Article 732: Violence against a superior in wartime

Any soldier who commits violence against a superior in wartime shall be liable to a term of imprisonment of two (2) years to five (5) years.

If the violence is committed while on duty or in the course of duty, the offender shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

If the violence against a superior in wartime results in a sickness or loss of working capacity for a period of at least eight (8) days, the offender shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

If the violence against a superior results in an incurable sickness, permanent loss of working capacity, total loss of use of an organ or serious mutilation, the offender shall be liable to a term of imprisonment of ten (10) years to twelve (12) years.

If the violence results in death, the offender shall be liable to life imprisonment.

Article 733: Murder of a superior

Any soldier who kills a superior while on duty or in the course of duty shall be liable to life imprisonment.

Article 734: Aggravating circumstances for offences under Articles 728 to 733 of this Organic Law

Penalties under Articles 728 to 733 of this Organic Law shall be doubled if the offence was committed with premeditation or ambush, except where the penalty is life imprisonment.

Section 4: Desertion

Article 735: Desertion by an officer

Any officer who:

1° leaves his/her unit for more than six (6) days or the territory of Rwanda without authorisation in wartime;

2° leaves his/her unit for more than one (1) month or the territory of Rwanda without authorisation and remains absent for more than fifteen (15) days in peacetime;

shall be liable to a term of imprisonment of one (1) year to three (3) years.

If an officer:

1° deserts with military firearm, aircraft, boat or vehicle;

2° deserts when he/she is on patrol, watch, guards a post or carries out any other armed service;

shall be liable to a term of imprisonment of more than five (5) years to seven (7) years.

Article 736: Unauthorized extension of leave by an officer

Any officer who is on official leave or permission who does not return to his/her unit for more than six (6) days in   wartime, or one (1) month in peacetime, after the expiry of his/her leave or permission or after is ordered to return to duty shall be liable to imprisonment of one (1) year to two (2) years.

Article 737: Desertion in peacetime by a non officer

Any non officer who, in peacetime:

1° leaves his/her unit or detachment for more than fifteen (15) days without authorization;

2° has permission but does not return to his/her unit for more than one (1) month after the expiry of his/her leave or permission or after is ordered to return to duty ;

shall be liable to a term of imprisonment of six (6) months to one (1) year.

Article 738: Aggravating circumstances for desertion of a soldier with a lower rank than an officer

If the offender:

1° was sentenced for desertion;

2° deserts in concert   with a comarade;

3° crosses the boundaries of the Rwandan territory;

4° uses a forged or altered authorization of leave or permission;

5° deserts for more than six (6) months;

he/she shall be liable to a term of imprisonment of one (1) year to two (2) years.

If a soldier deserts:

1° with military firearm, aircraft, boat or vehicle;

2° when he/she is on patrol, watch, guards a post or carries out any other armed service;

the penalty under Paragraph One of this Article shall be doubled.

Article 739: Desertion in wartime by a non officer

Any soldier non officer who leaves for six (6) days or has permission or is on leave but does not return to his/her unit for six (6) days, after the expiry of his/her leave or permission or after is ordered to return to duty shall be liable to a term of imprisonment of two (2) years to three (3) years.

In case of aggravating circumstances, the offender shall be liable to double of the penalties under Paragraph One of this Article.

Article 740: Definition of desertion by conspiracy

Desertion by conspiracy means desertion carried out after being jointly planned by more than one (1) soldier.

Article 741: Leading a conspiracy

Any soldier who leads a conspiracy provided under Article 740 of this Organic Law shall be liable to a term of imprisonment of one (1) year to two (2) years in peacetime and of three (3) years to five (5) years in wartime.

Other members of the conspiracy shall be liable to a term of imprisonment of six (6) months to one (1) year in peacetime and of two (2) years to five (5) years in wartime.

Article 742: Desertion in the face of the enemy

Any soldier who deserts in the face of the enemy shall be liable to a term of imprisonment of seven (7) years to ten (10) years if he/she is an officer and of more than five (5) years to seven (7) years if he/she is non officer.

Article 743: Deserting to the enemy

Any soldier who deserts to the enemy shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Section 5: Self-inflicted mutilation

Article 744: Self-inflicted mutilation in wartime

Any soldier who self-inflicts mutilation, allows him/herself to be mutilated or puts him/herself into a state of disability by any means for the purpose of evading service, even temporarily in wartime, shall be liable to a term of imprisonment of three (3) years to five (5) years if he/she is an officer and of one (1) year to two (2) years if he/she has a lower rank than an officer.

Article 745: Self-inflicted disability in the face of the enemy

Any officer who practices self-inflicted disability in the face of the enemy shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Any non officer who practices self-inflicted disability in the face of the enemy shall be liable to a term of imprisonment of three (3) years to five (5) years.

Section 6: Use of an arm without an order from a superior

Article 746: Penalty for use of an arm without an order from a superior

Any soldier who is on a duty uses an arm without an order from   a superior shall be liable to a term of imprisonment of six (6) months to one (1) year.

Section 7: Penalties for sabotaging the military communication system, diversion, sale and stealing of arms, ammunitions and any other military equipment

Article 747: General provision

The provisions of this section are without prejudice to the provisions relating to offences against state security and other offences provided under other laws.

Article 748: Definition of the military communication system

For the purpose of this Organic Law, military communication system means any system of transmission or receipt of information related to the army by means of various equipment including recorders, transmitters, speakers, electronic devices and others.

Article 749: Sabotage of the military communication system by a civilian

Any civilian who commits offences under this section shall be liable to penalties under this section imposed by competent courts.

Article 750: Disclosing a code or password of the military communication system

Any soldier with access to a code or a password of the military communication system who intentionally discloses it to a person who is not authorised to have access to it or, in any way, discloses to an unauthorized person the operating mechanism of the communication system   shall be liable to a term of imprisonment of two (2) years to five (5) years in peacetime and of five (5) years to seven (7) years in wartime.

If the soldier engages in such acts by negligence, carelessness, lack of attention, failure to observe the rules or through any other default but with no intent shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months in peacetime and of one (1) year to two (2) years in wartime.

Article 751: Loss or damage of communication equipment by negligence

Any soldier who negligently loses or damages communication equipment in peacetime shall be liable to a term of imprisonment of two (2) months but less than six (6) months.

If a soldier commits such an act in wartime, he/she shall be liable to a term of imprisonment of one (1) year to two (2) years.

Article 752: Causing damage to, selling military communication equipment or making it to disappear, diverting, selling or stealing arms, ammunitions or any other military equipment

Any soldier, who, in peacetime, intentionally causes damage, sells or participates in disappearance of military communication equipment, diverts, sells or steals arms; ammunitions or any other military equipment shall be liable to a term of imprisonment of two (2) to five (5) years.

In wartime, he/she shall be liable to a term of imprisonment of seven (7) years to ten (10) years.

Article 753: Unauthorized access to a military communication network

Any person who intentionally accesses without authorization a secure military communication network shall be liable to a term of imprisonment of one (1) year to two (2) years.

Article 754: Using a military communication system to communicate with an unauthorized person

Any person who is authorised to use or operate a military communication network, who uses it to communicate with an unauthorized person shall be liable to a term of imprisonment of one (1) year to two (2) years.

Article 755: Jamming a military communication system

Any person who fraudulently blocks or jams the functioning of military communication system in peacetime, shall be liable to a term of imprisonment of three (3) years to five (5) years.

In wartime, he/she shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years.

Article 756: Obstructing the military communication system

Any person who obstructs the military communication system by deleting or modifying information shall be liable to a term of imprisonment of more than five (5) years to seven (7) years imprisonment in peace time and ten (10) years to fifteen (15) years in wartime.

If such an act is committed by negligence or carelessness, the offender shall be liable to a term of imprisonment of at least two (2) months but less than six (6) months. In wartime, he/she shall be liable to a term of imprisonment of one (1) year to five (5) years.

Section 8: Offences committed by negligence

Article 757: Negligence causing the damage or loss of military arms, aircrafts, boats, vehicles or any other military equipment

Any soldier who negligently causes damage or loss of military arms, aircrafts, boats, vehicles or any other military equipment shall be liable to a term of imprisonment of six (6) months to one (1) year.

Article 758: Negligence causing injury or death of a person

A soldier who negligently causes injuries to people in course of work shall be liable to a term of imprisonment of six (6) months to one (1) year.

If the negligence causes death of one or more persons, the offender shall be liable to a term of imprisonment of two (2) years to three (3) years.

Section 9: Violation of foreign law and legal effect of documents of a foreign authority

Article 759: Violation by a soldier of some foreign legal and regulatory provisions

A soldier who violates a foreign law where he/she is serving, shall be prosecuted by Rwandan military Courts in accordance with Rwandan law as if such an act has been committed on the Rwandan territory provided that it is punishable by the Rwandan law.

If the act committed is not an offence under the Rwandan law, he/she shall be subject to disciplinary sanction.

Article 760: Legal effect of documents of a foreign authority

Documents of a foreign authority establishing the offences under Article 759 of this Organic Law shall have legal effect before the Rwandan Courts in accordance with the Rwandan laws.

APTER III: STATE OF EMERGENCY

Article 761: Penalties for offences committed during a state of emergency

With regard to the application of the provisions relating to the punishment of military offences, a state of emergency shall be considered as wartime. Military Courts shall apply penalties applicable to offences committed in wartime to offences committed during a state of emergency.

TITLE V: TRANSITIONAL AND FINAL PROVISIONS

Article 762: Punishment of offences within the jurisdiction of Gacaca Courts

The genocide crimes and other crimes against humanity committed between October 1, 1990 and December 31,1994 punishable under Organic Law n° 16/2004 of 19/6/2004 establishing the organization, competence and functioning of Gacaca Courts charged with prosecuting and trying the perpetrators of the crime of genocide and other crimes against humanity, committed between October 1, 1990 and December 31, 1994 as modified and complemented to date, to be transferred to ordinary Courts after the conclusion of the work of Gacaca Courts shall be punishable by penalties provided under this Organic Law, unless otherwise provided for by the law.

Article 763: Entry of criminal convictions in the criminal record

All convictions which cannot be appealed are entered in the criminal record held by the National Public Prosecution Authority.

Article 764: Drafting, consideration and adoption of this Organic Law

This Organic Law was drafted, considered and adopted in Kinyarwanda.

Article 765: Repealing provision

The Decree-Law n˚ 21/77 of 18 August 1977 instituting the Penal Code as modified and complemented to date and the Law n° 33 bis/2003 of 06/09/2003 punishing the crime of genocide, crimes against humanity and war crimes as well as all other prior legal provisions contrary to this Organic Law, are hereby repealed.

However, an offence committed prior to the publication of this Organic Law in the Official Gazette of the Republic of Rwanda shall be punishable under the original law unless this Organic Law provides for lesser penalties.

Article 766: Commencement

This Organic Law shall enter into force on the date of its publication in the Official Gazette of the Republic of Rwanda.

Kigali, on 02/05/2012

(sé)

KAGAME Paul President of the Republic

(sé)

Dr HABUMUREMYI Pierre Damien Prime Minister

Seen and sealed with the Seal of the Republic:

(sé)

KARUGARAMA Tharcisse Minister of Justice/Attorney General

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