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Rwanda Case Law

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Constitutional law RS/INCONST/SPEC 00005/2020/CS - RS/INCONST/SPEC 00006/2020/CS

KABASINGA N’UNDI

Court
Supreme Court
Case number
RS/INCONST/SPEC 00005/2020/CS - RS/INCONST/SPEC 00006/2020/CS

The Supreme Court held that Article 84(4), Article 92 (insofar as it prohibits reduction of sentence for mitigating circumstances), and Article 133(3) of Law No 68/2018 are unconstitutional as they violate the principles of legality, fair trial, and judicial independence by being vague or unduly restricting judicial discretion. Articles 256 and 271 do not violate the Constitution as their limitations on expression and criminalization of counterfeit currency are justified and proportionate to legitimate aims.

Source excerpt

  • Nullum crimen sine lege
  • Judicial independence
  • Fair trial
  • Freedom of expression
  • Sentencing discretion
  • Accessory liability
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Constitutional law [2015] 4 RLR

Re INGABIRE

Court
Supreme Court
Case number
RS/INCONST/0002/12/CS

The Supreme Court held that Article 4 of Law nÂş 33 bis/2003 was no longer in force at the time of judgment, rendering the petition moot. Articles 2 and 3 of Law nÂş 18/2008 are not unconstitutionally vague and do not infringe the constitutional right to freedom of expression, as such rights may be restricted by law to protect public order and prevent incitement to genocide. The need for legislative clarification does not amount to unconstitutionality.

Source excerpt

  • Constitutionality of statutes
  • Freedom of expression
  • Genocide ideology
  • Nullum crimen sine lege
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.