CASE RPAA 0034/09 / CS Page |3 [13] The Court finds that in the Prosecution, in the Gicumbi Court and in the High Court, SAGAMBA pleaded not guilty and was sentenced to life imprisonment and a fine of one hundred thousand by virtue of Article 34, paragraph 2, of the Law. n ° 27/2001 mentioned above, based on his own plea of guilty to the Judicial Police and a medical certificate ascertaining that IRADUKUNDA Olive was raped. [14] Regarding the mitigation of sentence that SAGAMBA requests based on his plea of guilty and apologize, Article 83 of the Penal Code stipulates that “if there are mitigating circumstances, the reduction of life imprisonment is replaced by a penalty of imprisonment of not less than two years”. [15] The Court finds that the reduction of the sentence in accordance with Article 35 of Law nº 13/2004 of 17/05/2004 relating to Criminal Procedure Code as amended and supplemented, applies to a person caught in the act and who pleads guilty unquestionably, prosecuted and tried by the competent Court within a period of not more than forty-eight hours. The Court finds however that this is not the case in this instance, and therefore SAGAMBA should not have his sentence reduced on the basis of that provision. [16] Before this Court, SAGAMBA pleaded guilty and unquestionably apologized, so the Court finds that it would be a mitigating circumstance, on which basis his sentence can be reduced in accordance with Article 83 of the Penal Code. II. COURT DECISION [17] HOLDS that SAGAMBA Joël’s appeal is admissible because it was filed in accordance with the prescribed law; [18] HOLDS that his appeal is founded; [19] SENTENCES SAGAMBA Joël to twenty (20) years of imprisonment. [20] HOLDS that the judgment RPA 1044/06 / HC / KIG passed by the KIGARI High Court on 09/01/2009 is changed with respect to the sentence. [21] ORDERS SAGAMBA Joël to pay ½ of the costs of the proceedings totaling 29,750 Frw, i.e. 14,875 Frw, including the costs at the High Court, within eight days, failing to do so, the State can forcibly remove it from his possession.