CASE N ° RPA 00155/08 / CS
Page |3
10. This Court finds that although Ndagijimana pleaded guilty which justifies a
reduced sentence pursuant to Article 35 of Law nº 13/2004 of 15/5/2004 relating
to Criminal Procedure Code and Article 83 of the Penal Code, determining his
punishment should also take into account the various possible effects on a child of
the same age as Uwineza who was raped.
11. With regard to Ndagjijimana's claim that he committed the offence under the
influence of intoxication by drugs, Article 70, paragraph 2 of the Penal Code states
that anyone who commits an offence shall be held liable even if he/she acted
unwillingly. This is in line with what legal experts, including Professor
Nyabirungu mwene Songa in his book “Droit pénal général zaïrois'', Editions
Droit et Société, 1989, page 245, where he states that: “any individual who
intoxicates himself willingly shall anticipate the possible consequences of his/her
acts and face them if they were to occur”.
12. The Court also finds that Ndagijimana had his sentence reduced because he was
sentenced to 25 years of imprisonment instead of life imprisonment.
13. The Court finds, however, with respect to the 25 years of imprisonment
Ndagijimana was sentenced to, that Article 35 of the Penal Code stipulates that a
temporary sentence shall be valid for a term of not less than one day and not
exceeding twenty years as provided by law, except in case of recidivism or other
circumstances prescribed by law.
14. The Court finds that the crime Ndagijimana is being prosecuted for does not fall
within the scope of the other provisions, for which reason his sentence is to be
reduced to 20 years.
I.
COURT DECISION
15. Declares admissible Ndagijimana's appeal because it was filed in accordance with
the procedure prescribed by law;
16. Holds that it is well founded with regard to the age of imprisonment;
17. Sentences Ndagijimana to twenty years in prison;
18. Holds that judgment RPA 0016/08 / HC / MUSA passed on 25/11/2008 by the
High Court, the Musanze Chamber is changed only in respect of the sentence;