Criminal liability for third person's act: case of release on bail
par Pascal KAVUTTSE
National university of Rwanda - Licence 2011
The Rwandan penal code in its article 26 and 27 classifies penalties in two categories, principal and accessory penalties. But there is another category we would take in consideration, complementary penalties in case of conviction with two different principal penalties. Their execution is personal and article 226 of criminal procedure prohibits the provisional execution of judgement.
Penal code article 26 provides types of principal penalties which are imprisonment, fine and death penalty but the latter have been abolished.
Principal penalties are those that necessarily must be pronounced by the judge for a certain offence, there is no criminal conviction without a principal penalty134(*).
The imprisonment can be temporary or life term and it is served in prisons135(*).
A fine is pecuniary penalty that consists of paying a certain sum of money to the public treasury136(*). Article 219 et 280 para1 of Rwandan penal code show clearly that fine is principal penalty where a person can be convicted of fine only.
Fines are paid to a court clerk within a period of eight days following a judgment of final conviction137(*).
The criminal procedure provides another penalty which can be considered as principal penalty. It is public interest works provided in article 225 of criminal procedure which is executed by serving works from which the public commonly benefit.
* 134 B. Bouloc, H.Matsopoulou, droit pénal général et procédure pénale, 16e ed., Paris, Editions Dalloz, 2006, P. 416 (translated by the author from french)
* 135penal code, Op.Cit.; art 218 of criminal procedure, Op.Cit., art. 34;39
* 136ibid., art. 42
* 137 Art 221 of criminal procedure, Op.Cit.