PROSECUTION v. NSENGIYUMVA ET AL Engl._126793_en

PROSECUTION v. NSENGIYUMVA ET AL Engl._126793_en

The court held that even when the civil party appeals for damages after acquittal, the case retains its criminal nature and the prosecution must be present to give its opinion if necessary. The objection that the prosecution need not be present lacks merit.

Citation
RLR V.1 - 2020
Parties
Prosecution: Prosecution; Accused: Nsengiyumva; Accused: Nabahire Théophile; Accused: Nyaguhirwa Naurat; Accused: Munyaneza Robert; Civil Party: Banque Populaire du Rwanda, Gahororo Branch
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
12 July 2019
Case Number
RPA 00074/2018/CA
Procedural Posture
Criminal Appeal / Interlocutory Objection on Prosecution's Presence at Appeal by Civil Party After Acquittal
Outcome
Objection dismissed; prosecution must be present.
Legal Topics
Appeal After Acquittal, Damages in Criminal Proceedings, Prosecution's Role in Civil Appeals, Nature of Criminal Vs Civil Actions
Source Language
en
Criminal Law Civil Procedure Appeal After Acquittal Damages in Criminal Proceedings Prosecution's Role in Civil Appeals Nature of Criminal Vs Civil Actions

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Parties

Prosecution

Prosecution

Nsengiyumva

Accused

Nabahire Théophile

Accused

Nyaguhirwa Naurat

Accused

Munyaneza Robert

Accused

Banque Populaire du Rwanda, Gahororo Branch

Civil Party

Procedural Posture

Criminal Appeal / Interlocutory Objection on Prosecution's Presence at Appeal by Civil Party After Acquittal

Legal Issues

  1. 1 Whether the prosecution must be present in an appeal by a civil party for damages after the accused has been acquitted
  2. 2 Whether such an appeal retains its criminal nature or becomes a civil case

Ratio Decidendi

The court held that even when the civil party appeals for damages after acquittal, the case retains its criminal nature and the prosecution must be present to give its opinion if necessary. The objection that the prosecution need not be present lacks merit.

Court Disposition

Objection dismissed; prosecution must be present.

Orders

  • Objection raised by the prosecution is dismissed.
  • Hearing on the merits adjourned to February 10, 2014.