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The act of beating the deceased on the head with a plank, resulting in her death, demonstrates intent to kill, qualifying the offence as parricide. The judge has the right and duty to reclassify the offence, and the previous judgments are nullified for lack of jurisdiction. The competent court to try the case at first instance is the Intermediate Court of Rusizi.
Source excerpt
The medical report and witness statements established that the deceased died as a result of being beaten with a plank on the head by her son, Uwamurengeye Venant. The nature and location of the injuries demonstrated intent to kill, qualifying the offence as parricide. The reclassification of the offence is both a right and a duty of the judge. The previous judgments were rendered by courts lacking jurisdiction for parricide, and must be nullified. The case must be retried at first instance in the Intermediate Court of Rusizi.
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