CASE RPAA 0019/14 / CS Page |3 preliminary symptoms of trauma, which proves that it was the first time that the girl had sexual intercourse. III. THE COURT’S ANALYSIS (8) Article 71 of Organic Law No. 01/2012 / OL of 02/05/2012 establishing the Penal Code provides that the judge shall determine a penalty according to the gravity of the offence taking into account offender’s motives, history and background, circumstances surrounding the commission of the offence and individual circumstances. Article 76 of the same Law 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. Article 78 of the same Law indicates how the penalty is reduced if there are mitigating circumstances. (9) The Court holds the view that although BAYAVUGE Patrick initially pleaded not guilty, before this Court he unquestionably pleaded guilty and apologized, which justify the reduction of his sentence in accordance with Article 76 of the Law n ° 01/2012 / OL of 02/05/2012 mentioned above. The court also finds that, according to the Prosecution's representative, BAYAVUGE Patrick is a first time offender, which militates for the reduction of his sentence on the basis of his conduct before the commission of the crime in accordance with Articles 71 and 76 mentioned above. As to how to reduce BAYAVUGE Patrick’s sentence, the Court finds that from the point of view of the law recalled above and the reasons provided, BAYAVUGE Patrick deserves to be sentenced to fifteen (15) years of imprisonment, based on Article 78 which provides that 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, if there is a mitigating circumstance. (10) The mitigation of the sentence in favour of a person who pleads guilty has also been confirmed by this Court in many cases, such as in the case RPA 0247/11 / CS-Prosecution vs NTAMUHANGA Théoneste decided on 30/10/2005, in the case of the, case RPA 0034 / 08 / CS- Prosecution vs MUSHIMIRWA Antoine decided on 28/05/2010, and in the case RPA 0246/09 / CS- Prosecution v. Mukankusi Victoire decided on 14/12/2012. (11)