Re INGABIRE UMUHOZA (FOND)
Article 106 of Law No 27/2019, as amended, does not violate the Constitution. The court's power to order the prosecution to investigate persons mentioned during trial does not amount to treating them as accused, nor does it infringe on prosecutorial independence or the separation of powers. The prosecution retains discretion on whether to prosecute after investigation. The provision ensures judicial oversight and the pursuit of justice without undermining constitutional guarantees.
Source excerpt
- Separation of powers
- Presumption of innocence
- Judicial powers
- Prosecutorial independence
- Criminal investigation
- Constitutional review