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

I.3. AGGRAVATING AND MITIGATING CAUSES OF RESPONSIBILITY

The circumstances are usually made outside the offender, but that may be personal, and they will lead sometimes to mitigate, or to aggravate penalties. Indeed, when the circumstances leading to aggravation of the repression, it is necessary that the law has provided, while when it comes to mitigation, the judge has broad discretion^93(*).

I.3. 1. aggravating circumstances

In determining the aggravating circumstances it is therefore to consider the circumstances, including events surrounding the commission of the offense. The Rwandan penal code provides some aggravating causes but they are not specified clearly. It often mentions them in articles in accordance with the matter the article is related. Among them we can note baribarian acts, premeditation, guet apens, recidivism,........... we can consider one of them which is recidivism.

I.3. 1.1. Recidivism

Once the suspects, defendants or offenders are release from the jurisdiction of criminal justice they may precede through the criminal justice system again for a new crime.

Recidivism is a situation where a person already convicted for a previous offense finally commits a new offense^94(*). Here again there must be a final decision authorizing of res judicata has been made on the first offense. Recidivism depends on the nature of committed offences and also the time during which they were committed^95(*).

The purpose of recidivism is to aggravate penalties for repeat offenders. In case of recidivism, the offender will be sentenced a maximum penalty provided or the penalty can be doubled^96(*). In accordance with penal code, there is not any recidivism if the penalty pronounced to previous offence was suppressed by amnesty or rehabilitation^97(*).

* ⁹³M.G.BRIERE de l'Isle, Op. Cit., pp.315-316

* ⁹⁴P. Canin, Op. Cit., p.137

* ⁹⁵M.G. Brière de l'Isle, Op. Cit., p.243

* ⁹⁶ penal code, Op. Cit., art.85

* ⁹⁷ Ibid.., art. 86