SPECIAL CRIMINAL LAW

1. By Me KARORERO Joseph
UNILAK-Main Campus, February 2021
SPECIAL CRIMINAL LAW

2. GENERALINTRODUCTION
COURSE NAME AND OBJECTIVES
• This course focuses on specific crimes under the
Rwandan law.
• Thus it aims at analysing the specific crimes recognized
by the Rwandan Penal code which subdivides offences
into four categories:
oOffences against persons
oOffences against property
oOffences against the State
oMilitary offences
However this course will focus on the first three categories.

3. • This course aims at giving the student the first-hand
knowledge of the legal framework in the Rwandan
Specific Criminal Law. Therefore, at the end of the course,
the student should be able to:
a. Determine the elements of an offence in general
b. Determine the principles applicable in the qualification
of offences
c. Qualify the criminal acts under the Rwandan criminal
law
d. Determine the specific elemens of the main offences
under the Rwandan criminal law

4. EVALUATION SYSTEM
• Attendance:10%
• Individual assignment:10%
• Group assignment:10%
• Partial exam: 30%
• Final exam: 40%

5. COURSE OUTLINE
This course is divided into four parts:
PART I: General introduction
PART II: Offences against persons
PART III: Offences against property
PART IV: Offences against the State

6. PART I. GENERAL INTRODUCTION
CHAP. I.DEFINITION OF THE KEY CONCEPTS
• CRIMINAL LAW is defined as a branch of public law dealing with
offenses and penalties. Thus, the main purpose of criminal law is to
determine the criminal offenses and set the sanctions to be applied to
them .
• Criminal law is divided into two main branches: substantive criminal
law and procedural criminal law.
o Substantive criminal law is defined as a branch of criminal law
which, for the purpose of preventing harm to society, declares what
conduct is criminal and prescribes the punishment to be imposed for
such conduct. Substantive Criminal law includes the general
principles applicable to all offences (general criminal law) and the
definition of specific offences together with their specific elements
(special criminal law).

7. oProcedural criminal law is the branch of criminal law
which comprises the rules that govern the collection of
evidence against a criminal act and their presentation
before a competent court. This branch of law is known as
criminal procedure.

8. CHPATER II. SOURCES OF CRIMINAL LAW
2.1. Law
• Considering the principle of legality of offences and penalties (no offence,
no penalty without law/nullum crimen nulla poena sine lege), the principal
source of the criminal law is law.
• Note that in terms of article 95 of the Constitutions, under the Rwandan Law
, the hierarchy of laws is as follows:
1° Constitution;
2° organic law;
3° international treaties and agreements ratified by Rwanda ;
4° ordinary law;
5° orders
In addition to the law as the principle source of criminal law, other sources
help to the understanding and the interpreting of some concepts used by the
lawmaker.

9. 2.2. Equity of the judge
• What is naturally considered as fair by the judge in a situation
that is not covered by the law.
N.B: Although article 9 CCLAP provides that in the absence of
the law, the judge may adjudicate the case according to the
rules that he/she would establish if he/she had to act as
legislator, relying on precedents, customs, general principles of
law and doctrine; in criminal matters this can not apply because
if there is no law there is no offence and there is no penalty
(Nullum crimen nulla poena sine lege)

10. 2.3. Case laws or judicial precedents
• These are the set of decisions made by the courts on the
same issue or similar issues.
2.4. Custom
• This is the set of collective habits of acting based on
tradition, that is to say, granted and observed at the origin
by a group of individuals and transmitted orally from
generation to generation.
• Note that the custom as a source of special criminal law
will be applied only if it complies with laws.

11. 2.5. General principles of law
• These are the principles that are accepted by all civilised
nation. Some of them have been included in the constitution of
many countries and became constitutional principles.
Examples:
• Nullum crimen nulla poena sine lege
• Actor incombit probatio
• Reus in expiendo fit actor
• Nemo sensitur ignorare legem (Ignorance of the law is not an
excuse)
• In dubio pro reo (the doubt benefit to the accused-art 165 CCP)
• Fraus Omnia corrumpit

12. 2.6.Doctrine
This is all legal studies by scholars interpreting the law or commenting on
a judicial decision.
• Example: In the case number RPA 0010/06/CS-RPA 0011/06/CS-RPA
0012/06/CS (The Prosecution Vs Sgt NTAGANIRA Eugène alias
BARABASI and others), on 18 July 2008, the Supreme Court held that:
• Rusanze kandi n’abahanga mu by’amategeko babibona muri ubwo
buryo, aha twavuga nka Michel FRANCHIMONT in Manuel de Procédure
Pénale, Ed. Collection Scientifique de la Faculté de Droit de Liège,
1989,p.772 aho agira ati : « le juge du fond apprécie souverainement la
sincérité d’un aveu fait par le prévenu au cours de l’instruction
préparatoire, même quand cet aveu a été ultérieurement rétracté devant
le tribunal… » bivuze ngo umucamanza uburanisha urubanza mu mizi
niwe ureba agaciro imvugo yiyemerera icyaha mu rwego rw’iperereza
ifite, kabone niyo nyirayo yageze imbere y’Urukiko akayihindura

13. CHAPTER III:METHODS OF QUALIFICATION OF CRIMINAL FACTS
The qualification is the process which leads to search of the name
corresponding to the given criminal act. We distinguish legal
qualification from judicial qualification.
•Legal qualification is the one which is abstractly defined by the law.
This is typically called the legal element of the offense.
•Judicial qualification is the one by which the judicial authority (i.e the
judicial police officer, the prosecutor and the judge) tries to fit the facts
to the legal qualification.
While qualifying the facts, the judicial authority turns to the following
principles:

14. 3.1. PRINCIPLES AND METHODS APPLICABLE TO ALL
OFFENSES
3.1.1. Successive qualifications
• According to this principle, any qualification is likely to
successive substitution by the judicial authority in charge of
analyzing the case file.
• Indeed, as soon as he receives the complaint, the competent
judicial authority shall adopt, at least temporarily, apparently
legal qualifications to enable him to guide the investigation or
the instruction, to gather evidence and especially to
prosecute.

15. • As the investigation or the instruction progresses, the
competent authority may, in the light of new evidence,
abandon the first qualification to adopt a new qualification.
After this substitution, he/she may even go back to the
first qualification if he/she considers it more in line with the
law.
• This so-called'' successive'' qualifications operation will
continue until such time as it is determined that the
classification corresponds exactly to that required by law,
to the exclusion of any other.

16. • As long as the judicial decision has not yet become final,
any qualification is subject to change.
And the prosecution is not bound by the classification by
the judicial police officer or by the injured party in his/her
complaint. Similarly, as the trial court is seized of the
facts, it can change the qualification which is proposed by
the Prosecutor or by the plaintiff in case of private
prosecution.
• The appellate court also performs in the same way as it is
not bound by the qualification of the trial judge.

17. 3.1.2. The principle of crystallization or the intangibility
of the qualification at the moment of facts
• According to this principle, the offence is established and
remains even if after its
commission some of its constitutive elements disappear.
• Thus the qualification must be assessed and crystallized
at the time of the action. In other words, it must remain
valid and indifferent to the changes that may occur in
favour of the accused, even in cases of
active repentance.

18. Examples:
The qualification of theft (article 165 of the law determining offences and
penalties) or fraud (article 174 of the law determining offences and penalties)
remains intangible even if the object of the offense is restored
The refund of the amount embezzled does not take away the illegality of the
fact of embezzlement (article 10 of the law n° 54/2018 of 13/08/2018 on
fighting against corruption
 the issue of a bouncing cheque (art 3 of the law n°47/2018 of 13/08/2018
modifying law n° 03/2010 of 26/02/2010 concerning payment system as
modified to date) remains an offence even if after a certain time the agent
loads his account which was empty or had insufficient funds at the moment
of the delivery of the cheque.
The marriage with the victim against whom rape (article 134 of the law
determining offences and penalties)

19. 3.2. METHODS APPLICABLE TO MULTIPLE
QUALIFICATIONS
• In some cases when the judicial authority is qualifying,
he/she is in presence of different qualifications susceptible
of being all considered. The choice that the judicial
authority has to make must respect some principles which
change according to whether the qualification is
incompatible, alternative or competing:

20. 3.2.1. Incompatible qualifications
• Incompatible qualifications are those that exclude each
other
• The theory of the incompatibility of qualifications is
characterized by three principles.
A. The principle of finality of the incrimination
• This principle allows the judicial authority to consider the
offence-goal (infraction-fin/ infraction but) and turn down
the offence-consequence and the offence –means.
• The offence-goal is the targeted offence or the finality
pursued by the offender.

21. • Examples:
In a case of theft, the offender cannot be prosecuted at the same time for
theft and the concealment of objects obtained from an offence (art 247
offences and penalties) because the concealment of stolen objects is the
consequence of robbery as one robs to appropriate the stolen things.
The offender of assault and injury that resulted in death (article 121
offences and penalties) can not be prosecuted at the same time of the
offence of failure to assist a person in danger (article244 offences and
penalties )
one cannot prosecute the thief of having committed the violation of domicile
which is an offence means.
• N.B: The principle of finality applies only when the offence-goal (infraction
fin) is more serious than the offence means (infraction-moyen) and the
offence –consequence (infraction consequence) or when they are of equal
gravity.

22. B. The principle of the most serious offence
• When the offence-goal is less serious than the offence-means or the
offence consequence, we have to retain the most serious offence.
C. The principle of specialist of the incrimination
• In case of two qualifications, one is general and the other is special,
the special one is to be considered. This is the application of another
principle SPECIALIA GENERALIBUS DEROGANT which means that
the special case makes an exception to the general principle.
Example:
If a person killed by poison, we retain poisoning (art 110 offences and
penalties) and not the murder (art 107 offences and penalties) because
the poisoning is a particular modality of murder.

23. 3.2.3. Alternative or optional qualification
• If one act leads to several qualifications, we have to operate a
choice, and once one qualification is maintained, all others have to
be excluded.
Example:
• A person who beats to death another will be prosecuted under the
qualification of murder (article 107 offences and penalties) if the
intent of killing is established. He/she may also be prosecuted for
voluntary battery or causing injuries resulting to death but without the
intent of killing (art 121 offences and penalties)if the intent to kill is
not established or manslaughter (article 111 offences and penalties)
if the blow has been laid unwillingly and without the intention to
cause the death of the victim.

24. 2.4. The competing qualifications
• When the judicial authority is in presence of several
qualifications, which all, fit with the facts that are referred
to him/her; he/she applies the concurrence of offences as
provided for under article 61 of the law determining
offences and penalties which provides that ‘’Concurrence
of offences occurs when one person commits many offences,
none of which has been the subject of a definitive judgment’’.

25. • The concurrence of offences may be ideal or real.
Ideal concurrence of offences occurs when:
 a single act constitutes several offences;
separate acts which constitute separate offences, are related
among themselves as they are aimed at accomplishing a single
criminal intent.
Real concurrence of offences arises when materially
separate acts occur one after another and result in separate
offences.

26. Punishment of concurrence of offences (Article 62 )
In case of ideal concurrences the judge imposes penalties
provided for the most serious offence.
In case real concurrence the judge imposes penalties for each
offence and combines them, taking into account the following:
1º the penalty of life imprisonment outweighs all other penalties
of imprisonment;
2º the combination of penalties of fixed-term imprisonment
cannot be more than twice the maximum of the most severe
penalty;
3º the combination of the sentences of community service cannot
exceed two years

27. CHAPTER IV. INTERPRETATION OF THE CRIMINAL LAW
4.1. Authentic or statutory interpretation
• It is the work of the lawmaker, who by statute, specify the exact scope of a criminal
provision.
• Since it comes from the author of the law, it is binding for the judicial authority.
This interpretation may be included in the body of the text of law or be
taken after the entry into force of the interpreted law.
• While some laws define the concepts used in its provisions (see for example article
2 of the law determining the offences and their penalties) in case a legal provision is
unclear it is for the Supreme Court to give it its true meaning upon request of the
Cabinet or the Bar Association.
(See article 96 of the Constitution of 2003 revised in 2015)

28. 4.2. Judicial interpretation
• In the absence of authentic interpretation, it is up to the courts, enlightened
by the doctrine and the case law to give the law its exact meaning. The
judicial interpretation is dominated by two methods:
4.2.1. The literal method
• Pursuant to article 4 of the law determining offences and their penalties
criminal laws must be interpreted strictly without analogy; that is to say it
must attach the importance on the letter of the law without adding anything
that that was not said by it.
4.2.2. The purposive approach
• It seeks the spirit of the law and helps to mitigate the severity of the literal
method. Here the judge researches the lawmaker’s intent while adapting to
the political, cultural, ecological social or intellectual climate.

29. PART II: OFFENCES AGAINST PERSONS
CHAPTER I: GENOCIDE IDEOLOGY AND RELATED
OFFENCES
1.1. GENOCIDE IDEOLOGY
• In terms of article 3 of the law n°84/2013 of 11/9/2013 on the
crime of genocide ideology and other related offences
• The offence of genocide ideology (ingengabitekerezo ya
jenoside) consists in ‘’any acts committed in public whether
orally, written or video means or by any other means which
may show that a person is characterized by ethnic, religious,
nationality or racial- based with the aim to:
Advocate for the commission of genocide
Support genocide.’’

30. • According to the law n°84/2013 of 11/9/2013 on the crime
of genocide ideology and other related offences the term
Genocide is defined as genocide committed against the
Tutsi or any other genocide recognized by the United
Nations; while the public is defined as a site in which acts
are performed or words are uttered in the presence of /in
a place accessible by at least more than two (2) persons.
( Article 2 )

31. 1.2. OFFENCES RELATED TO GENOCIDE IDEOLOGY
• A. Incitement to commit genocide
• It consists in any act committed in the public with the
intent to encourage, influence, induce or coerce another
person to commit genocide (article 4)

32. B. Negation of genocide- guhakana jenoside (article 5)
• It consists in any act committed in the public aiming at:
Stating or explaining that genocide is not genocide
Deliberately misconstruing the facts about genocide for
the purpose of misleading the public
Supporting a double genocide theory
Stating or explaining that genocide committed against the
Tutsi was not planned.

33. C. Minimization of genocide –gupfobya jenoside
(article 6)
• It consists in any deliberate act, committed in the public,
aiming at:
Downplaying the gravity or consequences of genocide
Downplaying the methods through which genocide was
committed.

34. D. Justifying genocide (article 7)
• It consists in any deliberate act, committed in the public,
aiming at:
Glorifying genocide
Supporting genocide
Legitimizing genocide.

35. E. Concealment or destruction of evidence of genocide
or of other crime against humanity (article 8)
• It consists in any act which degrades or eliminates
evidence or information related to genocide or crime
against humanity.

36. F. Theft or destruction of remains of victims of
genocide ( article 9)
• It consists in any act aiming at stealing or desecrating
remains of victims of genocide (kwiba cg gutesha agaciro
imibiri y’abazize jenoside).

37. G. Demolishing a memorial site or cemetery for the
victims of genocide (article 10)
• It consists in any deliberate act aiming at desecrating,
bringing down, breaking, damaging a memorial site or
cemetery for victims of genocide or a symbol of a
memorial site or cemetery for the victims of genocide.

38. I. Violence against a genocide survivor (article 11)
• It consists in behaviour or any acts of that harasses, intimidates,
dehumanizes, ridicules a person ; or boasts to his/her detriment,
mocks, insults/him/her; destroys his/her property for the sole reason
that he/she is a genocide survivor.
• It is important to note that, concerning the moral element, the
offence of genocide ideology and other related offences, must be
committed publicly and deliberately (i.e willingly and with the intent to
promote genocide ideology)- See article 2 paragraph 5 of the law
n°84/2013 of 11/9/2013 on the crime of genocide ideology and other
related offences
• Finally, the offence of genocide ideology and other related offences
are provided for by article 3-11 of the law n°84/2013 of 11/9/2013 on
the crime of genocide ideology and other related offence and
punished by article 116-119 and 135 of the organic law n°01/2012 of
02/05/2012 instituting the penal code.

39. CHAPTER II:DISCRIMINATION AND SECTARIANISM
2.1. DISCRIMINATION (IVANGURA)
2.2.1. INTRODUCTION
• “All Rwandans are born and remain free and equal in
rights and duties. Discrimination of whatever kind based
on, inter alia, ethnic origin, tribe, clan, colour, sex, region,
social origin, religion or faith, opinion, economic status,
culture, language, social status, physical or mental
disability or any other form of discrimination is prohibited
and punishable by law”. (Article 16 of the Constitution of
the Republic of Rwanda )

40. • Discrimination is defined as “any speech, writing, or
actions based on ethnicity, region or country of origin, the
colour of the skin, physical features, sex, language,
religion or ideas aimed at depriving a person or group of
persons of their rights as provided by Rwandan law and
by International Conventions to which Rwanda is party.”
(Article 1 paragraph 1 of the n° 47/2001 of 18/12/2001 on
prevention, suppression and punishment of the crime of
discrimination and sectarianism).

41. 2.1.2. CONSTITUENT ELEMENTS
A. MATERIAL ELEMENT
• The analysis of article 3 of the law n° 47/2001 of
18/12/2001 on discrimination allows noticing that
materially the offence of discrimination occurs through the
commission of one of the following acts: use of any
speech, written statement or action based on ethnicity,
region or country of origin, colour of the skin, physical
features, sex, language, religion or ideas aiming at
denying one or group of persons their human rights
provided by Rwandan law and International Conventions
to which Rwandan is party.
•

42. B. MORAL/GUILTY MIND OR INTENT
The mens rea for this offence is the intention to deny one or
group of persons their human rights provided by Rwandan
law and International Conventions to which Rwandan is
party.
C. LEGAL ELEMENT
• The offence of discrimination is provided for by article 1
paragraph 1 and article 3 paragraph 1 of the law n°
47/2001 of 18/12/2001 on the crime of discrimination and
article 136 of the RPC punishes it by a term of
imprisonment 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.

43. 2.2. SECTARIANISM (GUKURURA AMACAKUBIRI)
2.2.1. INTRODUCTION
ACTUS REUS
Sectarianism is defined as “the use of any speech, written
statement or action that divides people, that is likely to cause
conflicts among people, or that causes an uprising which
might degenerate into strife among people based on ethnicity,
region or country of origin, colour of the skin, physical features,
sex, language, religion or ideas.
• However the law on discrimination does not prevent the State
from taking any decision that give Rwandan nationals powers
and rights from those of foreigners (Article 4)

44. B.MORAL OR INTENTIONAL ELEMENT
• The author has the intention to cause conflict leading to
an uprising that may degenerate into strife among people.
C. LEGAL ELEMENT
• The offence of discrimination is provided for by article 1
paragraph 2 and article 3 paragraph 2 of the law n°
47/2001 of 18/12/2001 on discrimination and article 136 of
the RPC punishes it by a term of imprisonment 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.

45. DISCUSSION
• Quid of penalties to be given to a political party, a private
company or an association that indulges in words or acts
of discrimination and sectarianism
• See article 32-33 RPC

46. In terms of article 32-33 of the RPC
• 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

47. CHAPTER III: HOMICIDES, ASSAULT AND BODILY INJURIES
3.1. HOMICIDES
• The homicide ( hominis= human + caedere= to kill) is the fact of killing a
human being.
• The simplicity of this definition does not prevent that in criminal law homicide
can have several forms. It is about murder, parricide, infanticide, the
poisoning, involuntary homicide and assault that has resulted to death without
intention to kill. For methodological reasons, we are going to regroup these
offences in two big categories:
The voluntary homicides (where the agent provoked the victim's death with
the intention to reach this result)
The involuntary homicides (where the victim's death results from the agent's
acts but involuntarily).

48. 3.1.1. VOLUNTARY HOMICIDES
• In taking account to the degree of the criminal intention, of
the quality of the victim and the manner in which the
death has been given, the Rwandan special criminal law
distinguishes five voluntary homicides which are the
following:
oMurder
oParricide
oInfanticide
oPoisoning
oSuicide

49. A. MURDER
Definition
• Murder is defined as “the intentional killing of a person ".
This definition is correct but it can also apply to other
voluntary homicides because in all voluntary homicides,
there is an intention to give the death to the victim.

50. Constituent elements of murder
• The offence of murder has four constitutive elements:
Material element
• For the murder to be qualified, it is required that there is an act of
homicide ( act that has provoked the death or an act susceptible to
provoke it). This act must be a material and positive act.
Moral element
• The homicide must be committed with the intention to give death
(animus necandi). It is not easy to prove the intention to kill because
it is essentially and fundamentally in the author's heart but a set of
facts can help the lawyer to establish the animus necandi (weapon
used,part where the stroke has been directed, degree of violence
used, the victim’s physical state.
• Note that the victim’s consent, the offender’s motive, self deprivation

51. The human personality of the victim
• The victim must be a human person (born and living)...So, when
someone kills the foetus, it is abortion and not murder. And it is not
possible to kill a dead body, but an attack on it is mutilation of a dead
body (article 180 RPC)
Legal element
• The legal element of murder is in article 140 of the Rwandan Penal
Code which provides that murder is by life imprisonment.
• However Moreover in terms of article 145-146 of the RPC, murder is
punishable by life imprisonment with special provisions when it is
committed by degrading acts or preceded by another felony or by
degrading acts on the dead body.

52. • Quid of when the person did not know that the victim was
already dead?
‘Theory of impossible offence’
B. PARRICIDE
Definition:
• Parricide is the fact of killing one’s parent whether or not
such parent is biological or legally recognized. The
penalisation of parricide aims not only at protecting the
human life, but also at protecting the values and respect
that people owe to their parents

53. B. PARRICIDE
Definition:
• Parricide is the fact of killing one’s parent whether or not
such parent is biological or legally recognized.
• The penalisation of parricide aims not only at protecting
the human life, but also at protecting the values and
respect that people owe to their parents.

54. Constitutive elements
Material element
• Parricide is the fact of killing one’s parent whether or not such
parents are biological or legally recognized.
Moral element
• The mens rea for parricide is the intention to give death to his/her
own parent.
Quality of the victim: biological or adoptive parents.
Legal element
• Parricide is provided for by article 141 of the RPC parricide and is

55. C. SPOUSAL HOMICIDE
Definition
• Spousal homicide one’s spouse (tuer son conjoint). This means that there must be a legal
marriage between the author of this offence and the victim, otherwise the offence will be simply
qualified as ‘’ murder’’.
Constitutive elements
Material element:
• The material element for this offence is fact of killing his/her spouse.
Moral element: intention to kill his/her own spouse
Existence of an act of marriage
Legal element: Spousal homicide is provided for by article 142 of the RPC and is punishable
by life imprisonment.

56. D. INFANTICIDE
Definition
• Infanticide is defined as the killing of one’s biological or
adopted child. It is to be noted that a child is defined as
any human being under the age of 18 years ( Article 217
of the RPC and article 3 paragraph 10 of the law no
54/2011 of 14/12/2011 relating to the rights and the
protection of the child).

57. Elements of infanticide
Material element :
The fact of killing his/her own child, no matter on the time it
happens. To kill a child who was in the mother's womb even
though the birth was imminent amounts to abortion not to
infanticide.
Moral element
• The mens rea for infanticide is the intention to kill his/her own
child
The victim: one’s own child, born and living
Legal element
• Infanticide is provided for by article 143 of the RPC and
punishable by life imprisonment.

58. DISCUSSION
1. What makes the infanticide different from Murder?
2. Can a person be punished for infanticide even if he/she
did not kill his own child?

59. E. POISONING
Definition
• Poisoning is the fact for a person of killing another person
by administering him/her a substance which can cause
death more or less promptly regardless of the substance
used or its mode of administration and consequences
(Article 144 of the Rwandan Penal Code).

60. Constitutive elements of Poisoning
Material element:
• Like for murder, there must be a material and positive act. But this
act must be specific: administration of poison with capacity to
cause death of the victim.
• Poison means “substances that can give the death more or less
promptly ". It is a substance that by the effect of its chemical
properties can provoke a serious change of organic tissues and
affect vital parts of a human body.
• There is no exhaustive list of poisons that could allow the judge to
decide the question without hesitating. An expert's opinion is here
very important even though we cannot affirm that without it
judges cannot decide.

61. • If the author has administered substances which are not
capable of causing death we apply article 154 of the RPC
(intentionally administering a substance which is not
likely to cause death but can seriously impair the
health).
• The law does not indicate the way of administering
poison to the victim. All means are foreseen: to drink, to
make to eat, to inject, to make absorb etc.

62. Moral element
• The mens rea for poisoning is the animus necandi or the
intention to kill by means of poison. The evidence of
this specific intentional element must be shown. But how
is this evidence established?
oThe evidence of existence of this intention can be
established by considering the following things:
oThe quality of the substances used.
oThe quantity of the substances used
oThe confession from the author of the crime...

63. Indifference of the result
• Poisoning is a formal offence. The result is not
required for the offence to exist. It is not necessary that
the victim dies. The administration or use of substances
that can cause death is sufficient regardless of the result.
The human personality of the victim
• The victim must be born and alive. If the poison targets
the foetus, it will be abortion and not poisoning.
Legal element
• Poisoning is provided for by article 144 of the RPC and
punishable by life imprisonment.

64. Study Question:
• What if someone administers the substances that can
cause the death, by ignorance, negligence, carelessness
or error? Can the crime of poisoning be qualified?
• Reply: No because there is no intention to cause death.
We apply article 157 (involuntary homicide).
• Study Question: Quid of someone who is not aware that
a person is already dead and he administers the poison
by injection to him?
• Reply: There is no offence (Theory of impossible
offence)

65. F. SUICIDE
• Suicide (Latin suicidium, from sui caedere, "to kill
oneself") is the act of intentionally causing one's own
death.
• The Rwandan code does not punish suicide but article
147 RPC punishes the following acts:
Inducing another person to commit suicide
Helping another person to commit suicide
Provoking another person to commit suicide by inflicting
persecution on him/her.

66. • Study Question: Quid of a person who sees another
person committing suicide and continues his/her way
without helping or calling for help
• Reply: We apply article 570 paragraphs 4 of the RPC
(Not assisting of a person in great danger).

67. 3.1.2. INVOLUNTARY HOMICIDES
A.DEFINITION
• An involuntary homicide is the killing a human being without the
intention to give death but the victim’s death results from the
offender’s criminal fault such as:
Clumsiness (Ububuraburyo/maladresse)
Carelessness(Uburangare/imprudence)
Inattention(Ubushishozi buke)
Negligence(Umwete muke)
Failure to observe the rules(kudakurikiza amabwiriza)
Any other lack of precaution and foresight (ubundi buteshuke
bwose/défaut de prévoyance et de précaution).

68. B. CONSTITUTIVE ELEMENTS
Material act
• Contrarily to murder that, in principle requires a positive act,
involuntary homicide can be committed either through a positive or a
negative act. Carelessness is enough. What is required here is an
act that caused death.
• Positive act: Is liable of involuntary homicide a soldier who
recklessly touches on the trigger of his gun and who pulls a
deathblow which results in a death of someone who is passing.
• Negative act: A nurse who carelessly received a patient in a critical
healthy situation and who forgets to inform the doctor about the
state of the patient. If the patient dies, the nurse is liable for
involuntary homicide.

69. The mens rea: The fault of the offender
• In criminal law, a fault is a mistake of behaviour from
which the offender involuntarily commits a damageable
fact.
• It is not the result of a positive will but of psychological or
intellectual mistake. It is said that it comes from a passive
will, the inertia of will or better the absence of will.
• It is the inertia of will that drives to an activity without
foreseeing its effect and without taking the necessary
precautions to prevent the result.

70. In terms of article 156 RPC, the following acts are
considered as equivalent to a criminal fault (faute pénale):
• Clumsiness (ububuraburyo/maladresse)
• Carelessness(uburangare/imprudence),
• Inattention(ubushishozi buke)
• Negligence (umwete muke)
• Failure to observe the rules(kudakurikiza amabwiriza)
• Any other lack of precaution and foresight (ubundi
buteshuke bwose/défaut de prévoyance et de précaution).

71. The Result: Victim’s death
• Involuntary homicide can only exist if it resulted in the
death of a human being. It will therefore be punished if it
results in the victim’s death. It won’t be qualified as
involuntary homicide even if it resulted from a heaviest
mistake as long as the victim did not die.
• There is no attempted involuntary homicide. Attempt
exists only for intentional homicides. In the case of
multiple offenders, each one will be held liable for
involuntary homicide. If there multiple victims, only one
charge will be retained.
• If there is no death, the offence will be involuntary
assault and bodily injuries.

72. A causal link between the fault and the result (death)
• The fault must be the cause of the damage. It is not
enough to establish that a fault and damage exist. It is
necessary to demonstrate also that the damage, namely
the homicide has resulted from someone’s fault.
• For instance a doctor who fails to take necessary
measures towards a patient who is bleeding and who dies
afterwards because of the lack of the doctor’s intervention
can be responsible for this offence.

73. • The fault will still be considered regardless of whether it
was direct or indirect. For instance if someone let his
aggressive dog free and the latter attacks someone
passing and kills him/her.

74. Legal element
• Involuntary homicide is provided for by article 156 of the RPC and
punishable by article 157 para 1 of a term of imprisonment of 6
months to 2 years and the fine from 500.000- 2.000.000 Rwandan
francs.
Aggravating circumstances:
• In case the death of many people the author is liable to a term of
imprisonment of two (2) years to five (5) years and a fine of two
millions (2,000,000) to five million Rwandan Francs (5,000,000)
Rwandan francs (article 157 para 2).
• If the author is a medical doctor or a medical professional, he/she
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(See article 160 RPC)

75. Study Questions
• Does the punishment provided for by art 157 of the RPC fit
the seriousness of the offence? Check in Courts and report
three different cases. What can you suggest?
• Carelessness can lead to heavy consequences to the extent
that the qualification of involuntary homicide can appear to be
inadequate due to the nature of facts and the punishment. Do
you agree with this assertion?

76. 3.2. ASSAULTS AND/ OR BODILY INJURIES
3.2.1. VOLUNTARY ASSAULTS AND/ OR BODILY
INJURIES
• Voluntary assault and bodily injury caused injuries can be
categorized in three offences:
Intentional minor violence
Assaults and batteries
Administration of harmful substances

77. A. INTENTIONAL MINOR VIOLENCE (VIOLENCE VOLONTAIRE
LEGERE)
Definition:
• Intentional minor violence consists in committing minor acts of violence
against another person.
• Examples: simple shocks, slight violence or disturbance that is not likely to
wound a person...
Constitutive elements:
Material element :aggressions other than voluntary blows and
injuries.
• These are simple aggressions which are not blows or injuries (Annoying,
dirtying….
E.g: A girl who throws the trash on a guy who is dating her in order to insure
that he does not come back anymore, the policeman who spits on the face of
someone.
• A driver who intentionally throws mud on a pedestrian

78. The Human Personality of the Victim
• These acts must be exercised on a human being.
Moral element
• The moral element of this offence is the intention to annoy
the victim. It is to make him/her, uncomfortable or to dirty
him/her. The motive is not a defence.
Legal element
• The offence of intentional minor violence is provided for
by article 155 of the RPC and punishable of a term of
imprisonment of 8 days to 2 months and/or the fine of
50,000 -100.000 Rwandan francs.

79. B.VOLUNTARY ASSAULTS/ INJURIES (COUPS OU
BLÉSSURES VOLONTAIRES)
Definition
• Voluntary assaults or injuries consist in intentionally beating
or causing injuries to another or committing any serious act of
violence against him/her ( Article 148 of the RPC )

80. Constitutive elements
Material element
• Positive act: it is impossible to make blows and injuries
by omission or abstention (negative act).
• This offence requires a physical or material act of violence
of a considerable gravity; otherwise it falls in article 155.
• E.g:Pushing someone against the wall, slapping
someone, throwing a stone against someone, burning the
skin with cigarette, a bite committed by a dog
voluntarily released.

81. Human being victim: The offence must be committed
against a human being (born and alive).
• If the victim is a domestic animal, we apply article 436 of
the RPC (mistreating, injuring or killing livestock or
domestic animals).
• Study question: Quid of one hurts himself/herself?
• Reply: If he is a civilian there is no offence (Example : A
girl who pierces her ears, a man who commits
circumcision, a woman who pulls her genital parts for
complying with custom or some practices).
• Quid of a soldier: See article 744-745 the offence of
self-inflicted mutilation)

82. The moral Element
• The intention to harm (animus nocendi)
• If the guilty mind is established, it is immaterial to elaborate about the
victim’s consent and the offender’s motive.
• In this regard, a Muslim thief who accepts to be cut off his hands to
comply with Koran scriptures consents to this offence but the offender
will be held criminally responsible and therefore punished for this
offence.
• A medical doctor who unnecessarily opens a mother’s womb just for
satisfying his scientific curiosity commits this offence.
Legal element:
• The offence of voluntary assault and injuries is provided for and
punished by article 148 of the RPC (Imprisonment of six (6) months
to two (2) years and/or a fine of 100,000 to 500,000 Rwandan francs).

83. Study question:
• What about parents’ educational rights on their children or
teachers’ educational rights on their students?- Parents
will be held responsible of mistreatment or abuse of
children while teachers may be prosecuted for voluntary
battery and injuries.
• Husbands who apply correctional marital rights on their
wives?

84. C. BATTERY OR BODILY INJURIES RESULTING IN DEATH
Material element:
• This crime requires a material and positive act regardless of the means used by
the offender
Result:
• This offence is a material one (which requires the result). If the death did not
occur, this offence cannot be qualified.
Causal link between the act and the result:
• The death of the victim must be a result of the battery (coups) by the offender.
• The causal link can still be established even in case the battery was not fatal by
themselves but became so because of the morbid (state of being ill) situation of
the victim.
• Even in case of an intermediary cause, the causal link can be established. For
instance this offence can be qualified in case the offender uses bottles to injure
the victim and this causes the tetanus which later causes death to the victim
(intermediary or indirect causes).

85. Moral element
• The moral element of this offence is the intention to batter and
injure but not the death of the victim. The result (the death)
comes to aggravate the situation of the offender.
• In case of plurality of offenders, the offence is objectively
qualified against them without having to find out who
administered the fatal battery.
Legal element
• Battery or bodily injuries resulting to death is provided for and
punished by article 151 of the RPC to a term imprisonment of
ten (10) years to fifteen (15) years. In case of premeditation or
ambush, the offender shall be liable to life imprisonment.

86. D.VOLUNTARY ADMINISTRATION OF HARMFUL
SUBSTANCES
Definition
• This offence is provided by article 154 of the RPC and it is
far different from poisoning.
• It consists in causing illness or incapacity to work to
another person by intentionally administering a substance
which:
May cause death, but without the intention to cause
death
Is not likely to cause death but can seriously impair the
health.

87. Elements of the offence
Material element: The fact of causing illness or
incapacity/inability to work by administering harmful
substances.
• The administration might be done through the mouth, by
injection, by the nose, etc.
• The appreciation of the harmful substances is left to
the discretion of the judge with the help of an expert.
Result: Illness or inability of personal work
• This result is necessary for the existence of the offence. It
is not an aggravating circumstance.

88. The moral element: The intention to cause illness or
incapacity.
• The offender must have acted voluntarily but without the
intention to kill.
• Contrary to the poisoning, there is only the intention to
harm the victim but not the intention to kill.
Legal element
• The offence of voluntary administration of harmful
substances is provided for and punished by article 154 of
the RPC.

89. Study question:
Discuss the difference between the offence of poisoning
and the offence voluntary administration of harmful
substance in terms of constituent elements.

90. 3.2.2. INVOLUNTARY ASSAULTS AND/OR BODILY
INJURIES
A.ASSAULT /INJURIES RESULTING FROM LACK OF
FORESIGHT AND PRECAUTION
Definition
• This consists of involuntarily assaulting or/and
battering/injuring a person because of lack of foresight
and precaution. The fact of causing bodily injuries to many
people is an aggravating circumstance (Article 158 of the
RPC).

91. Constituent elements
Material element: act of involuntarily assaulting or/and
bettering a person because of lack of foresight and
precaution
Moral element: there is no criminal intention to harm a
person but the damage results from the offender’s
criminal fault (lack of foresight and precaution)
Legal element : Provided for and punished by article 158
of the RPC

92. B. INVOLUNTARILY CAUSING ILLNESS OR
PERMANENT INCAPACITY BY ADMINISTERING A
HARMFUL SUBSTANCE
Definition
• This offence consists in causing illness or incapacity to
another person by involuntarily administering him/her a
substance which is likely to cause death or serious
endanger his/her life (Article 159 of the RPC)

93. Example:
• A woman who poured acid in salad while believing that it
is vinegar.
• If it results to death ‘’involuntary homicide ‘’ will be the
right qualification
• The fact for the author to be a medical doctor or any other
medical professional is an aggravating circumstance (See
article 160 of the RPC).

94. C.INVOLUNTARILY THROWING ANYTHING LIKELY TO
DISTURB OR DIRTY
• This is the fact of in involuntarily throwing at another
person anything likely to disturb or dirty him/her (Article
161 of the RPC)

95. CHAPTER IV: OTHER PROHIBITED PRACTICES
4.1. TORTURE
• 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 has 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 ( Article 176 of the RPC)
• N.B: Sexual torture is a particular offence punishable by life
imprisonment with special provisions ( see Article 187 RPC)

96. DISCUSSION
• Find the Convention against torture, summarize it and
present it to the class.
• Find any case of torture in the High Court and analyze it
critically using the following structure:
osummary of facts
olegal issues
olegal solution or court ruling
ocomments

97. 4.2. FORCED LABOUR
4.2.1. DEFINITION
• The Rwandan Penal Code does not define the offence of
forced labour, but the 1930 convention against forced
labour defines it as ‘’all work or service which is exacted
from any person under the menace of any penalty and for
which the said person has not offered himself voluntarily’’.

98. • According to the above mentioned convention the term forced or compulsory labour shall not
include—
• any work or service exacted in virtue of compulsory military service laws for work of a purely
military character;
• any work or service which forms part of the normal civic obligations of the citizens of a fully
self-governing country (example:urugerero);
• any work or service exacted from any person as a consequence of a conviction in a court of
law, provided that the said work or service is carried out under the supervision and control of a
public authority and that the said person is not hired to or placed at the disposal of private
individuals, companies or associations (example: TIG);
• any work or service exacted in cases of emergency, that is to say, in the event of war or of a
calamity or threatened calamity such as fire, flood, famine, earthquake, violent epidemic or
epizootic diseases, invasion by animal, insect or vegetable pests, and in general any
circumstance that would endanger the existence or the well-being of the whole or part of the
population (example :kurwanya ibiza);
• minor communal services of a kind which, being performed by the members of the community
in the direct interest of the said community, can therefore be considered as normal civic
obligations incumbent upon the members of the community, provided that the members f the
community or their direct representatives shall have the right to be consulted in regard to the
need for such services (Example: umuganda).
4.2. Penalty for forced labour: see art 178

99. 4.3. EUTHANASIA
The Rwandan Penal Code define euthanasia as the fact for
any person of killing another at the latter’s serious and
insistent request and for an honourable reason especially on
compassionate grounds.
• While in Rwanda euthanasia if an offence ( article 179), in
other laws it is not an offence when it is executed by doctors
for the purpose of relieving the patient from intractable
suffering.

100. Study question:
• Compare suicide and euthanasia and comment on the
criminalization of euthanasia.

101. 4.4. HIDING, EXHUMING, MUTILATING OR INFLICTING
DEHUMANIZING TREATMENT ON A HUMAN BODY
• The Rwandan code punishes to a term of imprisonment of
five (5) to seven (7) years any person who maliciously
(méchament) hides, exhumes, mutilates or inflicts
dehumanizing treatment on a human body (article 180 of
the RPC)

102. 4.5. COOKING, EATING AND FEEDING HUMAN FLESH
TO OTHERS
This offence is punishable of a term of imprisonment of ten
(10) years to fifteen (15) years (See article 181 of the
RPC).
Question: Is it an offence to feed to other the meet of a
dog?

103. 4.6. ABORTION
oDefinition
Abortion is the ending of pregnancy by removing an
embryo or fetus before it can survive outside the uterus.
Under the Rwandan law self induced abortion and causing
a woman to abort with or without her consent are
criminalized ( see article 162-164 RPC).
oHowever abortion may be exempted in the conditions
provided by the law ( see article 165-166 RPC)

104. • In terms of Article 165 of the PC, 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.

105. o In case of pregnancy as a result of rape, forced marriage and incest
abortion is 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 or
when this is proven to the Court by a person charged of abortion.
o If the continuation of pregnancy can seriously jeopardize the health of the
unborn baby or that of the pregnant woman the following conditions must be
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:
a. the medical doctor makes a written report in three (3) copies signed by
him/herself and the doctor he/she consulted;
b. one copy is given to the interested party or her legal representative if she
cannot decide for herself;
c. another copy is kept by the medical doctor who consulted her;
d. the third copy is given to the hospital medical director.

106. CHAPTER V: THREAT TO HARM A PERSON
• The Rwandan Penal code does not give the definition of the offence of
threat to harm a person, but it can be defined as a communicated intent to
inflict harm or loss to another person.
• According to the Rwandan Penal Code, the threat may be verbal (with or
without an order or condition), by gestures, signs, images or symbols
against persons or their property. They may also be written through
anonymous or signed writing (See article 170-172 of the RPC).

107. • Note: If there is fear that the person who threatens to
commit a felony or misdemeanor may commit it, the judge
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 ( article 175 RPC )
• If the accused refuses to do what was required within a
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 thousands (50,000) to three hundred thousand
(300,000) Rwandan Francs or one of these penalties.

108. CHAPTER VI: OFFENCES AGAINST GOOD MORALITY
Morality involves what we ought to do, right and
wrong, good and bad, values, justice, and virtues.
Moral actions are often taken to merit praise and
rewards, and immoral actions are often taken to merit
blame and punishment.
(https://ethicalrealism.wordpress.com/2011/05/20/what-
is-morality/ )

109. 6.1. INDECENT ASSAULT
6.1.1. DEFINITION
The Rwandan Penal Code defines indecent assault
(attentat à la pudeur) as acts or behaviours contrary to
the customs and morality which undermine the dignity
and the cultural identity of the human being (Article 182
of the RPC)

110. • This definition is not clear enough and may completed
by use of the other sources of law.
• According to the doctrine, indecent assault may involve
‘’touching portions of the anatomy commonly thought
private, such as a person’s genital area or buttocks,
or breasts of a female ‘’
• Moreover it is judged that ‘’a touching is indecent when
judged, by normative standards of societal mores, it
violates the social and behavioural expectations in a
manner which is fundamentally offensive to contemporary
moral values’’.

111. • Indecent assault is an assault of a sexual nature. It involves
unwanted sexual contact such as touching someone's private
areas without that person's consent.
• In some regions of the world, the term “sexual assault” is used to
describe indecent assault and many legal codes describe this is
sexual assault rather than indecent assault.
• According to the law, in order to be considered indecent assault, any
reasonable person must deem the contact to be indecent in nature.
The law does not spell out the myriad forms which indecent assault
can take, instead trusting the legal system to judge whether or not a
given situation meets the standard.
• For example, a man who rubs against a woman in a train for the
purpose of deriving sexual pleasure is committing indecent assault,
but a man who accidentally brushes a woman in a crowded train is
not.

112. • The contact involved in an indecent assault must be
deliberate in nature and without justification. This
excuses situations in which unwanted touch is genuinely
accidental, as in the train example above, and in
situations in which there is a justifiable reason to touch
someone in a way which might be deemed indecent in
other circumstances.
• For example, a doctor performing an exam with the
permission of a patient is not committing indecent assault
as there is a justifiable reason for the contact and it is
occurring with consent.

113. • Any type of sexual contact which is unwanted is
considered indecent assault. The perpetrator does not
have to physically force the victim to submit to the contact;
the threat of violence can be enough, as can simply
touching someone without asking permission, in which
case the victim does not even have an opportunity to
refuse the contact.

114. 6.1.2. CONSTITUENT ELEMENTS
A. Material element
Doing any act or behaving in a way contrary to the customs and morality
B. Moral element
• The mens rea for indecent assault is the intention to behave or to act in a
way contrary to the custom and the morality or to have sexual pleasure by
touching private parts of a person without his/her consent
C Lack of consent
• This element is compulsory in case the indecent act is committed to a
third party person.

115. 6.1.3. FORMS OF INDECENT ASSAULT
• Indecent assault against a child (See article 183 RPC)
• Indecent assault with violence, trickery (amayeri/use) or
threat against an adult person (article 184 RPC)
• Public indecent assault (article 185 RPC)

116. 6.2. BESTIALITY
• This consists in engaging in sexual relation or any
practice of sexual nature with a domestic animal. The
offender is liable to a term of imprisonment of six (6
months to two (2) years. Article 186 of the RPC
• Quid of wild animals?

117. 6.3. EXHIBITION, SALE OR DISTRIBUTION OF
OBJECTS OF SEXUAL NATURE
• The Rwandan penal code penalizes the person who
exhibits, sells or distributes songs or any other symbols,
images, emblems or any objects of sexual nature.
• The transport, trade, exports, import, advertisement of
such objects for the purpose of selling is also forbidden
(Article 188 of the RPC.

118. 6.4. CHILD DEFILEMENT
6.4.1. DEFINITION
• In terms of article 190 of the RPC, child defilement means any sexual
intercourse or any sexual act with a child regardless of the form or
means used.
• We have to note that article 217 of the RPC as well as the law relating to the
protection of a child against violence defines a child as anybody aged below
eighteen (18) years.
• Furthermore, article 194 of RPC, considers as child defilement the fact of
living or attempting to live with a child of less than 18 years of age as a
husband or wife.
• Living or attempting to live together with a person as husband or wife with a
person more than the age of eighteen (18) but less that age of twenty one
(21) years is punishable
• Additionally participation in early or forced marriage of a minor is also
punishable (art 195 of the RPC).

119. 6.4.2. CONSTITUENT ELEMENTS
A. Material act
• Article 190 of the RPC does not require a sexual penetration
because it is said that even in case the offender uses any other
means or methods on a child, child defilement is established. So,
the act might be either Sexual intercourse or any sexual practice:
Any sexual practice: these are any practice based on the sex with
the intent to have sexual pleasure.
• This law also punishes under the expression “sexual practice”,
homosexual behavior
Any form: through the vagina, the mouth, anus...
Any means: By use of penis, object such as a toy, tongue, finger...

120. B. The age of the victim
• The sexual intercourse or other sexual practice must be
committed on a boy or a girl below 18 years old.
Considering the age of the victim, his/her consent is
irrelevant because the consent of a child is legally invalid.
C. Moral element
• There must be the intention to have sexual pleasure by
doing sex or sexual practice with a child.

121. 6.4.3. PENALTY
• According to article 191 of the RPC, child defilement is
punishable to life imprisonment with special provision.
• Moreover article 192-193 provide for aggravating
circumstances and the penalty shall be life imprisonment
with special provision plus a certain amount of fine in the
following circumstances:
If the offender has authority over the child (article 192)
If child defilement results in death or incurable illness
(article 193)

122. • N.B: It is important to note that refusing to report
offences against morality, offences against children
as well as refusal to assist a victim of such offences
or to testify is punishable under article 215-216 of the
RPC.

123. 6.5. RAPE
6.5.1. DEFINITION
• In terms of article 196 of the RPC, rape means causing
another person to engage in a non-consensual sexual
intercourse by using force, threat or trickery (use).

124. • Although the term sexual intercourse is not explained in the Rwandan law it
is the equivalent of the term sexual penetration used in many laws such as
the Michigan Criminal Sexual Conduct Act 1974 states that there is rape
whenever a person ‘A’ unlawfully and intentionally commits an act of sexual
penetration with a person ‘B’ without the consent of ‘B’.
• Furthermore, the South African Law goes deep and states that ‘sexual
penetration ‘includes not only the intrusion of a penis in a woman’s vagina
but also:
• [A]ny act which causes penetration to any extend by-
a)the genital organ of one person into or beyond the genital organ, anus or
mouth of another person;
b)any other part of the body of an animal, into or beyond the genital organs or
anus of another person, or;
c)the genital organ of an animal, into or beyond the mouth of another person

125. 6.5.2. CONSTITUENT ELEMENTS
A. Material act
 The act of causing sexual intercourse with a person without her/his
consent.
 Rape is a formal offence, whether there have been a sexual
satisfaction or not.
 The ICTR gave a broader definition of rape in AKAYESU case by
saying that, even if traditionally in domestic law rape is understood
as sexual intercourse not consented to, it can, in its different forms,
consist of introducing object. Thus, according to the ICTR, the act of
introducing a piece of stick in the genital organs of the woman is
characterized as Rape.
 For this court, rape consists in any act of sexual penetration
committed on someone by coercion.

126. DISCUSSION
Quid of the forms and means of penetration under the
Rwandan law: Penetration in the vagina, mouth, anus….;
use of finger, tongue, toy, part of body of an animal….

127. B. Absence of the victim’s consent
• The consent may be altered by: Violence, Threat, Ruse (or deception),
Surprise (abus d’une personne).
Violence:
• There must be a physical illegitimate violence. (For the violence to
characterize the rape, it must be of certain gravity and must be directed
against the victim to neutralize her/him).
• What if the accused thought that the victim was just pretending to refuse
because of the mentality of the women that always prefer to display a
certain resistance?
• In some cases, the woman pretends to resist and waits that the man
exercises certain violence, for example while undressing her or introducing
his sexual organ by force.
• The judge must be therefore careful at the time of the appreciation of the

128. The threat:
• To threaten someone and cause her fear that something
bad will happen to her or to a person she loves if she
does not accept to have sex.
• Example: The threat to arrest her ... to threaten to
denounce to her husband that she was surprised in
adultery if she would not accept to provide to the offender
the same benefits.

129. Deception (ruse/uburiganya):
• The offender use some manoeuvres to neutralise the will of the
victim. E.g: A traditional physician who, in treating a
patient(woman) who has a problem of sterility asks her to have
sex with him in order for her to heal that problem(and conceive
and have kids in future).
• Example: to mix a product exciting to lemonade offered to a
visitor.
• Quid if a boy tells to a girl “I love you, I adore you, if you don't
want me, I will die “. There is no problem if the girl gives up.
• What if he puts a rope around his neck and is ready to commit
suicide, if the girl does not surrender? Is it ruse (malice) or threat?

130. Surprise (abus de la personne):
This consists in abusing the situation of the victim:
• For instance there is no valid consent if the offender has
intercourse with a sleeping woman, unless, of course, she has
previously, whilst awake, given her consent.
• Likewise, no valid consent if as a result of a mental defect, the
woman is incapable of understanding and appreciating the
nature and consequence of sexual intercourse.
• Note that article 198 -199 of the Rwandan Penal Code provides
for marital rape in case of sexual intercourse committed with
one spouse on the other by violence, threat or trickery.

131. • However, although marital rape may be induced by
violence, threats, ruse or surprise, it may be committed
without violence or threat. It is enough if the other partner
has not consented to the sexual intercourse.
• A husband who found his wife in maternity room and who
closed the door immediately and had sexual intercourse
with her two days after her delivery was charged with
rape.

132. C. Moral element
• Rape is an intentional crime. It is committed with the
intention to rape (to have sexual intercourse with
someone without his/her consent).
D. Legal element
• Rape is provided for by article 196 of the RPC and
punished by article 197 paragraph 1 of a term
imprisonment more than 5 years to 7 years

133. 6.6. SEXUAL HARASSMENT
6.6.1. DEFINITION
• The Rwandan Penal code, without defining the concept of
sexual harassment, penalizes 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 (Article 203 of the RPC)

134. • In USA, Equal Employment Opportunity Commission has defined
sexual harassment in its guidelines as:
Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly as a
term or condition of an individual's employment,
Submission to or rejection of such conduct by an individual is used
as a basis for employment decisions affecting such individual
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.

135. • Sexual harassment includes many things and may be expressed through
different forms.
Verbal
• Referring to an adult as a girl, doll, babe, or honey
• Whistling at someone, cat calls
• Making sexual comments about a person's body
• Making sexual comments
• Turning work discussions to sexual topics
• Telling sexual jokes or stories
• Asking about sexual fantasies, preferences, or history
• Asking personal questions about social or sexual life
• Making kissing sounds and smacking lips
• Making sexual comments about a person's clothing, anatomy, or looks
• Repeatedly asking out a person who is not interested
• Telling lies or spreading rumors about a person's personal sex life

136. Non-verbal
• Looking a person up and down (Elevator eyes)
• Staring at someone
• Blocking a person's path
• Following the person
• Giving personal gifts
• Displaying sexually suggestive visuals
• Making sexual gestures with hands or through body
movements
• Making facial expressions such as winking, throwing
kisses, or licking lips

137. Physical
• Giving a massage around the neck or shoulders
• Touching the person's clothing, hair, or body
• Hugging, kissing, patting, or stroking
• Touching or rubbing oneself sexually around another
person
• Standing close or brushing up against another person.

138. Qui pro quo harassment
• Is when employment decisions for an employee are based on the
employees’ acceptance or rejection of unwelcome sexual behavior.
• For example, a supervisor fires an employee because that employee
will not go out with him or her.
Hostile work environment
• It is a work environment created by unwelcome sexual behavior or
behavior directed at an employee because of that employee's sex
that is offensive, hostile and/or intimidating and that adversely affects
that employee's ability to do his or her job.
• For example, pervasive unwelcome sexual comments or jokes that
continues even though the recipient has indicated that those
behaviors are unwelcome.

139. 6.6.2. PENALTY
• 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
thousand (200,000) Rwandan francs (Article 203 of the
PC)

140. Study question:
• Discuss the difference between indecent assault and
sexual harassment in terms of constituent elements and
the offender’s quality

141. CHAPTER VII.OFFENNCES AGAINST THE FAMILY
7.1. OFFENCES AGAINST CHILDREN AND PERSONS UNABLE TO
PROTECT THEMSELVES
• These offences include the offence of inflicting severe suffering on a child,
harassing (annoying persistently or creating an unpleasant or hostile
situation by unwelcome verbal or physical conduct) or imposing severe
punishment to him (see article 218 RPC) and the following other prohibited
acts:
Offering alcoholic beverage or tobacco to a child (article 219 of the RPC)
Engaging a child in narcotic drugs and arms trafficking or in any
illegal trade (article 220 of the RPC)
exploiting a child by involving him/her in an armed conflict(article 221
RPC)
Exploiting a child by involving him/her in sport activities harmful to his/her
health (Article 222 of the RPC)

142. Refusal to surrender a child to the legally responsible person claiming for
him/her (Article 223 of the RPC)
abduction of a child from his/her parents or guardians or where he/she
actually resides (Article 224 of the RPC)
Participating in the adoption of a child for the purpose of trafficking (Article
225 of the RPC)
Refusal to provide care to a child or an unable dependant (Article 226
RPC)
Child neglect by a parent or a guardian without reasonable cause (Article
of the 227RPC)
Neglect of a child on the basis of sex ( Article 228 of the RPC)
Recording and disseminating a child’s pornographic picture or voice (
article 229 of the RPC)

143. • advertising of children pornographic pictures (This consist in displaying,
selling, renting, disseminating or distributing of pictures, movies, photos
slides and other pornographic materials involving children).
• Abandonment or neglect of a child (Article 231-232 of the RPC)
• Inciting a parent to abandon a child (Article 233 RPC)
• Abandonment or neglect of an unable dependent (Article 234)
• Abandonment or neglect of an unable dependent person causing
serious illness or death (Article 235)
• Stigmatization against a person suffering from an incurable disease
(article 237 of the RPC)
Harassment of an elderly person (article 236)
• The Rwandan law does not define the concept of harassment or abuse
of an elderly person but it may be defined as “Maltreatment of people
greater than 60 years old.

144. • Harassment or abuse of an elderly person may be done
though the following forms
Physical Abuse
• Physical abuse has been defined as the non-accidental
infliction of physical force that results in a bodily injury,
pain or impairment. Physical abuse may include hitting,
slapping, pushing, kicking, misuse of medication and
inappropriate restraint.
Psychological Abuse
• Psychological or emotional abuse may include the
persistent use of threats, humiliation, bullying,
intimidation, isolation, swearing and other verbal conduct
that results in mental or physical distress.

145. Financial Abuse
• Financial or material abuse has been defined as the
unauthorized and improper use of funds, property or any
resources of an older person. This may include theft,
coercion, fraud, misuse of power of attorney, and also not
contributing to household costs where this was previously
agreed.
 Sexual Abuse
• Sexual abuse refers to any sexual acts to which an older
person has not or could not consent, including talking to
or touching in a sexual way.

146. Neglect
• Neglect refers to the repeated deprivation of assistance needed by an
older person for important activities of daily living. This may include
ignoring or refusing to help with physical care needs, failing to provide
access to appropriate health services, or withholding necessities such
as adequate nutrition and heating.
 Discriminatory Abuse
Discriminatory abuse may include racism, ageism, discrimination based
on disability, other forms of harassment, slur or similar treatment.
Institutional Abuse
• Institutional abuse may occur within residential care and acute
settings including nursing homes, acute hospitals and any other in-
patient settings, and may involve poor standards of care, rigid
routines and inadequate responses to complex needs.

147. 7.2. OFFENCES RELATING TO MARRIAGE AND FAMILY
DESERTION
7.2.1. OFFENCES RELATED TO MARRIAGE
The prosecution of these offences is done upon the complaint of either
spouse
A. REFUSAL TO PROVIDE SUPPORT TO SPOUSE, DESCENDANT
OR ASCENDANTS
• This offence consists in intentionally refusing to provide support to
spouse, descendant or ascendant (Article 238)
B. DENIAL OF FREEDOM TO PRACTICE FAMILY PLANNING
• This consists in intentionally committing an act of violence or
harassment against one’s spouse she/he practice or want to practice
family planning (See article 239)

148. C. HARASSMENT OF ONE’S SPOUSE
Actus reus
• In terms of article 240 of the RPC, spouse harassment consists
in one of the following acts committed by against one’s spouse:
• Insult
• Assault and battery
• Refusal to assist in family responsibilities
• Denial of the right to property
• Any other act preventing him/her from living in a peaceful life
Moral element :Intention to harass one’s spouse
Existence of legal marriage

149. D. DISPOSAL OF MARITAL PROPERTY WITHOUT THE
CONSENT OF EITHER SPOUSE
Material element (article 241 )
spouses married under the regime of separation of properties are not
concerned by this offence.
•Fraudulently donating, selling, mortgaging or use of marital property
without the consent of either spouse
•Acquiring one of the above mentioned items being aware of the
absence of the consent of one of the spouse
•Participating in one of the above mentioned acts being aware of the
absence of the consent of one of the spouse
Moral element
• Intention to dispose of the marital property without the consent of
either spouse

150. 7.2.2. FAMILY DESERTION
A. Actus reus consist in one of the following acts:
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
for a period of at least one (1) month.
A husband, who, without serious cause, wilfully abandons
his wife for a period of 15 days knowing that she is
pregnant

151. B. The moral element
• The father and mother should be aware of the gravity of
the negligence of their parental obligations or obligations
arising from the legal guardianship, as well as the bad
consequences incurred by the children.
• As for the husband, he should be conscious that he
abandons his wife knowing her situation of pregnancy.
•

152. C. Legal element
• Family desertion is provided for by article 243 and
punished by a term of imprisonment of at least 3 months
but less that 6 months and/or a fine of 200.000 -
3.000.000 Frs.
D. Existence of a legal marriage
• Note that upon request of the offended spouse, the
exercise of the criminal action by the public prosecution or
the execution of the judgment by the court may be
terminated in the interest of the family.

153. 7.3. ADULTERY, BIGAMY AND COHABITATION
7.3.1. ADULTERY (adultère/ubusambanyi)
A. Definition
• Adultery is the sexual intercourse of a legally married
person with another person other than his /she spouse
(art 244 of the RPC).The other partner will be prosecuted
as an accomplice.

154. C. Constituent elements
Material element:
• Sexual intercourse with a partner other than his/her spouse.
• There must have been sexual intercourse between a married
person and another person who is not his/her spouse.
• This excludes other acts related to sex but which do not
amount to the penetration.

155. The marriage (Etat de Mariage)
• The act of adultery must be committed in a status of marriage
• The marriage must also be valid and not dissolved.
Moral element:
• The offender must have acted voluntarily and not forced. Thus, he/she has a
deliberate intention to have sexual intercourse with a person other than his/her
spouse.
• E.g: - When a married person has been forced it is not adultery.
• Likewise, when the person has been deceived and has had sexual intercourse by the
deceiver, it is not adultery.
• Furthermore, the motive is irrelevant. E.g: A wife who has sex with the boss of her
husband cannot invoke the argument that she was negotiating the promotion of her
husband.
Legal element
• Adultery is provided for by article 244 and punished by article 245 of the RPC to a
term imprisonment of 6 months to 1 year.

156. 7.3.2. COHABITATION
A. DEFINITION
Cohabitation (concubinage/ubushoreke) is a de facto union
between a man and a woman who live together permanently ,
either one or both are legally married (art 247).
B. CONSTITUTIVE ELEMENTS
Material element
• Act of having a de facto union with a man/woman and living
together permanently while one of them is legally married.
Existence of a valid Marriage
• One of them must have a valid marriage

157. Permanent union as spouses:
• They must live permanently as if they were married.
Culpable intention
• The author has the intention to live permanently with another person who is not
his/her spouse while the 1st marriage is still valid and that it is not dissolved.
Legal element
• In terms of article 248 of the RPC the person convicted of cohabitation shall be
liable of 6 months to 2 years and a fine of 100.000 to 200.000 Rwandan francs.
• Note: Particularities in the investigation and prosecution of adultery and
cohabitation is instituted only upon complaint of the offended spouse.
• In that case the prosecution is instituted against the offender and the co-offender.

158. Study question:
• Discuss the difference between adultery and cohabitation
in terms of constitutive elements

159. 7.3.3. BIGAMY
A. DEFINITION
• It is the fact of entering into the second marriage while the first marriage is still valid
(art 246 of the RPC).
B. CONSTITUTIVE ELEMENTS
Materiel element: The act of entering into the second marriage while the first
marriage is still valid. A proof of the existence of the first marriage must be given
(certificate of marriage...
Celebration of a 2nd Marriage:
Not only the second marriage must have been celebrated but this must also be valid.
Moral element: The author must have done so knowing that the 1st marriage is still
valid and that it is not dissolved.
Legal element
• Art 146 of the RPC provides for a term imprisonment of 6 months to 2 years and/or a
fine of 100.000 to 500.000 Rwandan francs. The public officer who celebrates such a
marriage ceremony or issues documents is liable to a term imprisonment of 2 -5
years.

160. CHAPTER VIII: HUMAN TRAFFICKING, ILLEGAL REMOVAL, SALE AND USE OF HUMAN
BODY ORGANS
8.1. HUMAN TRAFFICKING
8.1.1. DEFINITION
• In terms of article 250 of the RPC Human trafficking means the acts by which the individual
becomes a commodity consisting in:
1. recruitment
2. transfer of a person to another part of the county or to another country
3. Means by use of deception (uburiganya), threat, force or coercion, position of authority over
the person, in most cases
4. For the purpose of harming/his/her life or unlawfully exploiting 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.
See also protocol on the prevention of human trafficking
8.1.2. LEGAL ELEMENT

161. 8.2. TRAFFICKING OF BODY ORGANS
• Removal of one’s organs for sale or for other interest (article
264 of the RPC)
• Removal of human organs for sale or for other interest (Article
265 RPC)
• Trafficking in human body organs (Article 266-268)
• Illegal use of human body organs and its products:
• Removal of a human body organ or other body products from
a sick person (article 269 )
• Removal of a single and essential organ (article 271)
• Removal of an organ or some of the body products from a
dead person (article 272)

162. CHAPTER IX: OFFENCES WHICH INFRINGE HUMAN
RIGHTS
9.1. KIDNAPPING, ARRESTING AND DETAINING
9.1.1.THE MATERIAL ELEMENT
• Article 273 of the penal code highlights three incriminated
acts:
• The act of kidnapping or causing the kidnapping
• The act of arresting or causing the arrest
• The act of detaining or causing the confinement of a
person

163. • The consummation of one of the above three acts is sufficient enough to
characterise the offence and to incriminate the offender. It is the fact, for
instance, of illegally detaining a person; it is also the fact of illegally
displacing a person from one place to another. The place of detention does
not matter. Likewise, the repentance that is active but late is inoperative.
That is the reason why, for instance, a detention followed by a release of the
person, remains intangibly established.
• According to article 273 of the penal code, material acts of kidnapping,
illegally detaining or arbitrarily arresting may be realised either by violence,
deception or threat. The violence is understood as any means of force or
coercion. Deception or trickery means any manoeuvre paralysing the
person’s will. As for threat, it implies for example any announcement of an
imminent wrong of the nature to make the victim accept the violation of
his/her right to movement.
• The illegal detention is defined under article 88 of the Criminal Procedure
Code.

164. 9.1.2.MORAL ELEMENT
• Kidnapping is an intentional crime. The offender must
have voluntarily acted, being conscious that he poses
acts which he/she either has no right of or entitled to.
Thus, intellectually, the offender should have acted
illegally, intentionally and arbitrarily.
A. The illegal character of the act
• Kidnapping cannot exist if the detention and the arrest are
legally ordered. For example, there is no offence if the
arrest and detention are done by Judicial Police Officer
(JPO) in conformity with the law. It is also the case for an
arrest done by a private person in case of a red-handed
offence

165. B. The necessity of a guilty intent
• Not only the offender must have voluntarily and illegally
acted, but also knowing that he/she was violating, without
any title or right, the person’s right to movement. A simple
inattention is not enough to constitute an offence, as it can
happen for instance when Judicial Police Officer forgets to
confirm the preventive detention of person.
C. The arbitrary character of the act
• By arbitrary character, the lawmaker requires the
existence of a special fraud in the search for the offender;
consisting of the arbitrary character of the act and verified
when the offender has acted without indicating any
justification to his/her action.

166. 9.1.3. THE LEGAL ELEMENT
• Article 273 of the RPC provides for some circumstances
necessary for aggravating the offender’s fate. These
circumstances relate to the victim’s age and the duration
of the detention.
• See also the offence provided for by article 274
(kidnapping of confinement of a person with the
intent to live together as wife and husband).

167. 9.2. FORCING A PERSON (NOT) TO MARRY A
PARTNER OF HIS/HER CHOICE.
• See article 275 of the RPC.

168. 9.3. OFFENCES WHICH INFRINGE FREEDOM OF WORSHIP
9.3.1. HINDRANCE OF FREEDOM OF WORSHIP
A. MATERIAL ELEMENT
• Use of violence, insults or threat and force one or many
persons or prevent them from practicing religion or celebrating
religious festival of legally recognized religious denomination
• Causing trouble or disorder, preventing, delaying or interrupting
a religious worship conducted publicly in legally recognized
manner.
• B. MORAL ELEMENT: Culpable intention
C.LEGAL ELEMENT
See article 277 of the RPC

169. 9.2.2. PUBLICLY HUMILIATING A RELIGIOUS WORSHIP
A. MATERIAL ELEMENT
• Use of act, speeches, gestures, writing or threat and
publicly humiliate rites, symbols or objects of religion
either in place intended for or generally used for the
practice.
B. MORAL ELEMENT
Culpable intention
C. LEGAL ELEMENT -See article 278 of the RPC

170. 9.3.3. INSULTS, BATTERY OR INJURY UPON A
RELIGIOUS LEADER
See article 279 of the RPC

171. CHAPTER X: OFFENCES AGAINST PRIVACY
10. 1. VIOLATION OF DOMICILE
• Violation of a person’s domicile is the fact of breaking into a
household, a house, a room or an accommodation without
lawful authority (article 280).
10. 2.INVASION PERSONAL PRIVACY
• This consists in secretly listening and making known to the
public one’s private statement without consent or taking his/her
picture or audio-visual recording without his/her permission
(article 281).

172. 10.3. PUBLICATION OF STATEMENTS OR PICTURES OF A PERSON
DIFFERENT FROM THE ORIGINAL
See article 282 of the RPC
10.4. BREACH OF A PROFESSIONAL SECRECY
• The breach of professional secrecy is the fact of revealing a professional
secrecy entrusted to him/her by virtue of his /her function, occupation or
religious authority. It is punishable under article 283 of the Rwandan penal
code.
• However in terms of article 284 of the RPC, the breach of professional
secrecy is not punishable if:
a person 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 health.
 A medical doctor informs the judicial authorities with the consent of the
victim of physical abuses which damages genital organs noticed during
his/her consultation.

173. 10.5. OFFENCES AGAINST COMMUNICATION
• This consists in Opening, removing or diverting (retarder)
correspondence or other written messages whether or not
they have arrived at their destination (Article 285 of the
RPC)
10.6. GATHERING OF PERSONAL INFORMATION IN
COMPUTERS AND OTHER SPECIALIZED EQUIPMENTS
• Article 286 of the RPC punishes 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.

174. 10.7. RECORDING AND PUBLISHING PERSONAL
INFORMATION
• This act is punishable when the voices or records kept
concern personal information likely to adversely affect the
dignity or the privacy of people (art 287).

175. 10.8. DEFAMATION IN PUBLIC (GUSEBANYA MU RUHAME)
• Article 288 penalises any person who maliciously (méchament) and
publicly imputes a specific fact to a person with the purpose of
tarnish his/her honour or exposing him/her to the public contempt
(mépris public).
• The public defamation provided by article 288 of the penal code is
different from the public insult referred to in article 289 of the same
code. The public insult referred to in article 289 is realised by the fact
of offending a person not by imputing a precise fact but by insulting
words destined to contempt the victim.
• The crime provided in article 289 of the penal code does not require
that a precise fact be imputed to the victim. Even the vague and
imprecise words are penalised. These words should however have an
insulting character. The insult is punishable only if the author has
acted with the intent of offending. So, a joking voice can omit the
insulting character.

176. • However, the public defamation in article 288 and public
insults referred to in article 289 of the penal code share
some constitutive elements.
• In both cases, the insult should be addressed to a
determined person.
• Another common element between the defamation and
insult is the publicity. The two offences shall be
considered if they are made public.
• Note that defaming and insulting a person in a private
area is also punishable (article 290).

177. 10.9. DIFAMATION AND HARASSMENT ON THE BASIS
OF SEX
• Article 276 of the RPC punishes any person who defames
or harasses another person on the basis of sex with the
intent to humiliate him/her or his/her work.

178. CHAPTER X: OTHER PROHIBITED ACTS

179. PART III: OFFENCES AGAINST PROPERTY
CHAPTER I: THEFT AND EXTORTION
1. 1.THEFT
1.1.1.DEFINITION
Theft can be defined as the fraudulent withdrawal or use of
something belonging to another person (Article 292 of penal
code).

180. 1.1.2. CONSTITUENT ELEMENTS OF THEFT
A. Material element
Act of removal or use
• The material characteristic element of theft is the fraudulent
removal or use.
• This act consists in hiding, removing or taking hold of a thing
without the knowledge and against the will of the owner with a view
to keep it as the owner.
• Hence, one cannot talk of theft when a thing is voluntarily donated
by the owner or the holder, unless the donation is unconscious,
meaning that the owner or holder is nothing but a passive
instrument.

181. B. Existence of the thing likely to be stolen
• It is worth noting that theft without object is non-existent.
• The necessity of existence of the thing is generally
counted among the material elements of theft, but a
different opinion can be that the thing cannot manifestly
be considered an actual constitutive element of theft; it
rather constitutes a pre-condition without which the
offence cannot be committed.

182. C. Moral element
• In order for theft to be characterised, the offender must
take the thing as the owner well knowing that it belongs to
another person that has not consented to its removal.
• So, the fraudulent intent in theft consists of the knowledge
that the thing belongs to someone else, the knowledge
about the absence of consent by the owner as well as the
fact of behaving and using the thing as the real owner.
• In principle, one cannot steal one’s own thing. However,
stealing a thing that belongs to nobody is impossible.

183. D. Legal element
• In terms of article 300 of the RPC, theft without violence
or threat is punishable of a term of imprisonment of six (6)
months to two (years) and fine of two (2) to five (5) times
the value of the stolen property or one of these penalties.

184. 1.1.3. CATEGORIES OF THEFT
A. Theft without violence or threat
• This is the theft committed without threat or violence and
committed by a simple person without breaking, climbing
or use of fake key.
• According to article 300 of the RPC , simple theft is
punishable of a term of 6 month to 2 years and/or a fine
of 2 to 5 times of the value of the stolen property.

185. • Aggravating circumstances for theft without violence or theft
( article 301 RPC ):
If the theft is committed through housebreaking, climbing or
fake keys
If the theft is committed during the night in an occupied
house or a dwelling place or its outbuildings
If the theft committed by a civil servant or a person in charge
of any service of public interest
If the offender, or anyone of them, usurped under the
title or insignia of a civil servant or a person in charge of
service of public interest or with a false mandate from
the public authority ( COMPARE WITH FRAUD)

186. B. Theft with violence or threat.
• According to article 297 of the RPC, violence consists in
physically coercive acts committed against a person while
threat consists in any means aimed at installing fear of an
impending danger
• In terms of art 302 of the RPC, a person who commits
theft with violence or threat, is liable to a term
imprisonment of 3 to 5 years and a fine of 5 to 10 times of
the value of the asset stolen asset.

187. • Aggravating circumstances of theft with violence or threat (see article 302
paragraph 1 and 2 and article 303)
The violence and the threat resulted in an illness or temporary loss of
working capacity
The violence and the threat resulted in an incurable illness or a permanent
loss of working capacity or permanent loss of a body organ
The violence and the threat used with no intent to cause death but resulted
in death
Use of housebreaking, climbing or fake keys
The offender is a civil servant in course of his/her duties
The offender usurped under false title or insignia of civil servant or with a
false mandate from public authority
The theft is committed during the night by more than one (1) thief
The theft committed o a public high way (inzira nyabagendwa/voie publique)
The thief or the thieves had at their disposal a vehicle or any other means of
transport meant to facilitate them to escape.

188. • Note that theft of vehicle for the purpose of selling them in
a foreign country is a special offence provided and
punished under article 332 of the RPC.

189. C. Armed robbery (Article 304 of the RPC)
• Armed robbery is defined as the 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.
• Armed robbery is punishable of a term imprisonment of 6 to 8 years.
• The following situations are aggravating circumstances and theft is
punishable of a term of imprisonment of 8 to 10 years:
• Theft committed by more than one person
• When the arm that was carried was used
• Theft committed in an occupied house or its outbuildings
NB: When armed robbery is committed by an organized gang, the penalty is
the life imprisonment (See article 305 in fine of the RPC)

190. D. Theft committed by use of computers or other similar devices
Accessing another person’s computer system or other devices without
authorization, in order to know recorded or transmitted data by all means and
regardless of the location (See article 306 of the RPC)
Fraudulent withdrawal of stored or sent electronic data (See article 307 of the
RPC)
Modifying or erasing electronic data of another person without authorisation (See
article 308 of the RPC)
Using electronic data for granting property to an unauthorized person (See
article 309 of the RPC).
Fraudulent use of electronic payment system (See article 310 of the RPC)
Fraudulent decoding of electronic devices (See article 311)
Access and continuous fraudulent use of electronic data of another person (See
article 312 of the RPC)
Preventing or misguiding automated data processing system (article 313)
Fraudulent introduction of data and software in a computer system such as
sending viruses (See article 314 of the RPC)

191. 1. 2.EXTORTION (UBWAMBUZI)
1.2.1. DEFINITION
• Articles 299 of the RPC defines extortion as the fact of
obtaining from a person, by violence, threat or
constraint, a signature, fingerprints, commitment or
renunciation, revelation of a secret, handing over of funds,
security of funds, securities (titres) or any other assets.
• The offender of extortion obtains a thing forcefully or
violently while the victim gets its hand-over to the
offender.

192. 1.2.2. TYPES OF EXTORTION (Ubwambuzi
A. EXTORSION BY VIOLENCE O27-)0R CONSTRAINT
• This consist in obtaining a signature, fingerprints or a
handover of any document in connection with or
containing a debt, transfer or discharge, by use of
violence or constraint (Article 316 of the RPC)

193. B. EXTORTION BY VERBAL OR WRITTEN THREAT,
DISCLOSURE OF SECRET OR DEFAMATION
• This consists in using verbal of written threat, disclosure of
secret or defamation with respect to another in order to obtain
in order to obtain money or cash value effects, signature
or hand over of any document in connection with or
containing a debt, transfer or discharge (Article 317 of the
RPC)
• This form of is extortion is done by threatening to reveal secret
or unpleasant information which can be true or false. The threat
of revealing should be paired with the demand of funds or
value. The term “funds” designates a sum of money whilst the
term “value” implies whatever object that can be cashed.