RPAA 0029/14/CS
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years of imprisonment, based on the provisions of Article 78, 1º of Organic Law n
° 01/2012 establishing the Penal Code.
The Court’s analysis
9. Article 190 of Organic Law n ° 01/2012 / OL of 02/05/2012 establishing the Penal
Code provides that “child defilement means any sexual intercourse or any sexual act
with a child regardless of the form or means used”, and Article 191 of the same Law
states that “any person who commits child defilement shall be liable to life imprisonment
with special provisions”.
10. Article 76 of the above-mentioned Organic Law n ° 01/2012 / OL of 02/05/2012,
provides that “the judge may consider the appropriateness of mitigating circumstances
which preceded, accompanied or followed an offence. The decision to accept mitigating
circumstances must be justified”, and Article 78, 1º provides that "if there are mitigating
circumstances, the reduction of life imprisonment or life imprisonment with special
provisions is replaced by a penalty of imprisonment of not less than ten (10) years"
11. The Rwamagana the High Court has convicted NGENDAHIMANA Jean Bosco of
sexually abusing a 17-year-old Ruth DUSHIMIMANA and sentenced him to life
imprisonment in accordance with article 191 of Organic Law n ° 01/2012 / OL of
02/05/2012 mentioned above, based on his confession to the Judicial Police and
on testimonies.
12. The Court notes that although NGENDAHIMANA Jean Bosco first pleaded guilty,
he pleaded not guilty in court. Before this Court, he unquestionably pleaded guilty
and apologized, which constitutes a mitigating circumstance that justifies the
reduction of his life imprisonment issued by the Rwamagana the High Court to 15
years of imprisonment, the gravity of the offence he committed being duly
considered.
III.
COURT DECISION
13. Holds that the appeal of NGENDAHIMANA Jean Bosco is intended to mitigate
the sentence;
14. Orders that NGENDAHIMANA Jean Bosco be sentenced to fifteen (15) years of
imprisonment;
15. Orders that the costs of the proceedings be borne by the State Treasury