UBUSHINJACYAHA vs NSABIMANA

UBUSHINJACYAHA vs NSABIMANA

Article 64(2) of Law No 30/2018 applies to all cases where the Supreme Court President orders retrial for injustice, suspending execution of the judgment and entitling the convicted person to provisional release pending retrial, regardless of whether the prior decision was on the merits or procedural grounds.

Citation
RP 00009/2024/CA
Parties
Prosecution: Ubushinjacyaha; Defendant: NSABIMANA Marcel
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
25 November 2024
Case Number
RP 00009/2024/CA
Procedural Posture
Criminal / Interlocutory Application for Provisional Release Pending Retrial on Grounds of Injustice
Outcome
Application for provisional release pending retrial granted.
Legal Topics
Provisional Release, Retrial on Grounds of Injustice, Execution of Judgments, Appeal Procedure
Source Language
rw
Criminal Law Criminal Procedure Provisional Release Retrial on Grounds of Injustice Execution of Judgments Appeal Procedure

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Parties

Ubushinjacyaha

Prosecution

NSABIMANA Marcel

Defendant

Procedural Posture

Criminal / Interlocutory Application for Provisional Release Pending Retrial on Grounds of Injustice

Legal Issues

  1. 1 Whether a convicted person is entitled to provisional release pending retrial when the Supreme Court President orders retrial on grounds of injustice

Ratio Decidendi

Article 64(2) of Law No 30/2018 applies to all cases where the Supreme Court President orders retrial for injustice, suspending execution of the judgment and entitling the convicted person to provisional release pending retrial, regardless of whether the prior decision was on the merits or procedural grounds.

Court Disposition

Application for provisional release pending retrial granted.

Orders

  • NSABIMANA Marcel to be released provisionally pending the outcome of retrial in RS/INJUST/RP 00001/2024/CA.
  • No costs awarded.