RP. A 0415/10/HC/RWG

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continues to apologize and requests that the court reduce his sentence. In this regard, the
prosecution's representative argues that NIYIRIHO Venuste’s request for a reduced
sentence is unfounded as he has already been given a reduced sentence by the first
instance court because he pleaded guilty, and that his request to be released in order to
help in the upbringing of the child should have been expressed by NYIRABEMERIKI
Séraphine.
4. Article 177 of Law n ° 13/2004 of 17/05/2004 of the Criminal Procedure Code as
amended and supplemented to date, provides that the appellate court’s jurisdiction is
limited to the grounds of appeal. NIYIRIHO Venuste asks for a reduction of sentence
because he pleads guilty and continues to apologize. The court notes that the trial court
accepted the mitigating circumstance and reduced his sentence based on Article 82 of the
First Part of the Penal Code of Rwanda which provides that the judge may consider the
appropriateness of mitigating circumstances which preceded, accompanied or followed
an offence and on Article 83 thereof which provides that if there are mitigating
circumstances, a temporary sentence of imprisonment of five to twenty years or more
may be reduced to one year of imprisonment. Rape of a child under the age of eighteen
years is punishable by article 34 al.1 of law n ° 27/2001 of 28 / 04/2001 Relating to Rights
and Protection of the Child Against Violence which provides that anybody who rapes a
child who is below 18 years shall be sentenced to an imprisonment of 20 to 25 years. The
provisions of this law are consistent with NIYIRIHO Venuste’s request. The court
concludes that his appeal is well-founded because he continues to apologize and the law
allows him to have his sentence reduced to no less than one year in prison, so he must
have his sentence reduced.

III. COURT DECISION
5. HOLDS that the appeal filed by NIYIRIHO Venuste is well-founded, that he deserves
a reduced sentence, and he is sentenced to two years and six months’ imprisonment (30
months’ imprisonment) and a fine of one hundred thousand francs. His imprisonment is
calculated from his arrest on 09/04/2009. The judgment RP0191 / 09 / TGI / NYG issued
on 09/09/2010 is only changed with respect to the sentence of imprisonment.
6. ORDERS NIYIRIHO Venuste to pay legal costs of fifteen thousand nine hundred
Rwandan francs (15,900Frws), failing to do so the State can forcibly remove it from his
possession.
7. Recalls that appeal can be made in thirty days from the date of the judgment.

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