Criminal liability for third person's act: case of release on bail

DECLARATION

I Pascal KAVUTSE hereby declare that this work entitled «criminal liability for third person's acts is original. It has never been presented anywhere. Every part of it is a product of my own research and where other individual's work has been used, references have been provided. I declare that it will never be presented anywhere else, and all rights of it are reserved to me.

DEDICATION

To God my savor,

To My Mother and Father,

To My Brothers and Sisters,

To My Closer Friend,

To My Colleagues of class,

This work is dedicated.

ACKNOWLEDGEMENTS

The struggle to complete this dissertation has been combined efforts of many people, for their direct and indirect roles through their assistance and cooperation. Raison why I wish to acknowledge them.

First, I would like to thank my supervisor Ms Naomi UMUHOZA, who willingly used her professional efforts for guiding me. I am deeply grateful to the academic staff especially those of faculty of law for the services offered to me.

I extend my profound thanks to my father NKURIKIYIMFURA Thomas, to my mother KARAME Pascasie, to my grand brother MUNYABURANGA Jacques and generally to my brothers and sisters for their support during my whole studies.

Lastly, I thank my closer G friend and my fellow colleagues of class for their cooperation.

ABREVIATIONS AND ACCRONYMS

Art.: article

CC B II: Civil Code Book three

Ed.: edition

ibid.: ibidem ( same author, same book, and same page)

ICC: International Criminal Court

id.: idem ( same author, same book, different page)

N^o : number

O.G.: Official Gazette

Op.Cit.: Opere Citato (book previously stated)

p.: page

Para.: paragraph

pp.: pages

R.C.N: Rwanda Citizen's Nertwork

UNR: Universté Nationale du Rwanda

Vol.: volume

w.w.w.: world wide web

Table of Contents

DECLARATION i

DEDICATION ii

ACKNOWLEDGEMENTS iii

ABREVIATIONS AND ACCRONYMS iv

CHAP. O. INTRODUCTION 1

CHAP.I. GENERAL CONCIDERATIONS OF CRIMINAL LIABILITY 5

I.1. CONDITIONS TO THE EXISTENCE OF CRIMINAL LIABILITY 5

I.1.1. Realization of an offence 5

I.1.2 The person who acts 9

I.1.3.consecration of principle of criminal liability of moral persons 10

I.2. CAUSES OF NON RESPONSIBILITY AND MITIGATING CAUSES OF RESPONSIBILITY 12

I. 2.1 objective causes or justifications of non responsibility 12

I. 2.2. Subjective causes of non responsibility or causes of non imputability 17

I.3. AGGRAVATING AND MITIGATING CAUSES OF RESPONSIBILITY 20

I.3. 1. aggravating circumstances 21

I.3. 2. mitigating circumstances 22

CHAP. II. RELEASE ON BAIL AND EXECUTION OF SANCTIONS 23

II.1.RELEASE ON BAIL 23

II.1.1. definition of bail 23

II.1. 2. Preventive detention and provisional release 24

2.3.why a release pending trial ? 26

2.4. Difference between provisional release and Conditional release/ Parole 26

II.1.3.Forms of bail 27

II.2. EXECUTION OF PENALTIES 29

II.2.1 GENERAL CHARACTERS OF PENALTIES 29

II.2.2. CLASSIFICATIONS OF PENALTIES AND TEIR EXECUTION 30

II.2.3. EXECUTION OF SENTENCE IN CASE OF RELEASE ON BAIL 32

II.2.3.1. criminal liability for third person's acts or execution by the surety..........................................32

GENERAL CONCLUSION 35

RECOMMANDATIONS 36