Tough punishments for govt. officials, judges involved in corruption

The new law amends that of 2003 about punishing corrupt behaviours and related crimes which had loopholes and hampered punishment.

The Chairperson of Public Account Committee (PAC), Juvenal Nkusi explained that some of the unique attributes in the new law is that the convicts , especially leaders and judges will face stringent punishments.

“When they are leaders, they will be given stringent punishment, and when they are judges they will be handed more years,” he noted.

He said that the person who will be found guilty of corruption, will face over five-year sentence and no Primary Courts will try such cases, only triable in Intermediate Courts.

Article one of the draft law on fighting against corruption stipulates that this Law aims at preventing and punishing corruption in public organs, private institutions, civil society and international organizations operating or wishing to operate in Rwanda.

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The article four of the Punishment of corruption says that any person who solicits or receives, by any means, an illegal benefit for himself/ herself or another person or accepts a promise in order to render or omit a service under his/her mandate or uses his/her position to render or omit a service, commits an offence.

Upon conviction, he/she is liable to imprisonment for a term of more than five (5) years and not more seven (7) years with a fine of three (3) to five (5) times the value in Rwandan francs of the illegal benefit received.

Penalties provided under Paragraph 2 of this Article apply to a person who offers or promises to offer a benefit, by any means, an illegal benefit for him/ herself or another person to have a service rendered or omitted.

If acts referred to in Paragraph One and 3 of this Article are committed in order to perform an act contrary to law, the penalty is imprisonment for a term of more than seven (7) years and not more than ten (10) years with a fine of three (3) to five (5) times the value in Rwandan francs of the illegal benefit received or offered.

The article five of the law says that Any judge or arbitrator who receives or solicits an illegal benefit, commits an offence.

When convicted, he/she is liable to a term of imprisonment of not less than ten (10) years but not exceeding twelve (12) years and a fine of three (3) to five (5) times the value in Rwandan francs of the illegal benefit solicited.

Any court registrar, prosecutor, assistant to prosecutor, advocate, State attorney in court, professional bailiff, a court judgement review officer, judicial police officer or person summoned as expert in court , an officer from Access to Justice Bureau who solicits or receives or accepts to receive a bribe or promise thereof as a condition for accomplishing his/her responsibilities or in order to refrain from carrying out any usual duty or exert an influence resulting in a decision contrary to the law, commits an offence.

Upon conviction, he/she is liable to imprisonment for a term of more than seven (7) years and not more than ten (10) years with a fine of three (3) to five (5) times the value in Rwandan francs of the illegal benefit received, accepted or was promised.

The Chairperson of Public Account Committee (PAC), Juvenal Nkusi (R) leaders and judges  will face stringent punishments.

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