PROSECUTION v. UWIRINGIYIMANA_232774_en

PROSECUTION v. UWIRINGIYIMANA_232774_en

Continued imprisonment for failure to pay a fine is not provided for under Rwandan law and constitutes injustice; the respondent must be released as he has served his sentence.

Citation
RLR V.2-2017
Parties
Applicant: Prosecution; Respondent: Uwiringiyimana Aaron
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
4 May 2016
Case Number
RS/REV/INJUST/PEN0004/15/CS
Procedural Posture
Criminal Review / Final Judgment (supreme Court)
Outcome
application for review due to injustice allowed; previous judgments quashed in part
Legal Topics
Imprisonment, Fine, Injustice, Execution of Sentence
Source Language
en, rw
Criminal Law Imprisonment Fine Injustice Execution of Sentence

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Parties

Prosecution

Applicant

Uwiringiyimana Aaron

Respondent

Procedural Posture

Criminal Review / Final Judgment (supreme Court)

Legal Issues

  1. 1 Whether ordering continued imprisonment until payment of fine constitutes injustice under Rwandan law

Ratio Decidendi

Continued imprisonment for failure to pay a fine is not provided for under Rwandan law and constitutes injustice; the respondent must be released as he has served his sentence.

Court Disposition

application for review due to injustice allowed; previous judgments quashed in part

Orders

  • immediate release of Uwiringiyimana Aaron
  • quashing of ruling ordering release only after payment of fine