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

II.2. EXECUTION OF PENALTIES

Penalties are executed in accordance with the gravity of committed offences and the penalties incurred. Before determining penalties and their mode of serving we are going to begin with their general characters.

II.2.1 GENERAL CHARACTERS OF PENALTIES

II.2.1.1. Legality

The legality is the application of the constitutional principle of nulla poena sine lege.

It is necessary that the law specifies that any behavior to such penalty may be imposed, the law is only to provide, and the judge, when the law has provided, will be legally bound by the command of law. This principle of legality is a reaction against the arbitrary^131(*). This principle of legality is a reaction against the arbitrary. It is necessary that the penalties resulting from an offense, meaning that there can be no punishment without prior offense.

(M.Georges Brière de l'Isle, professeur à l'université de paris x, Droit pénal général, p346, les cours de droit, 158, rue saint Jacques-Paris-v) (M.Georges Brière de l'Isle, professeur à l'université de paris x, Droit pénal général, p346, les cours de droit, 158, rue saint Jacques-Paris-v)

II.2.1.2. Personality

This principle means that the penalty strikes just the offender and especially that it should hit the offender^132(*). It is a principle of criminal liability is personal.

II.2.1.3 . Individuality

When the convicted persons are more than one for the same offence every one serves individually the penalty pronounced against him/her. The article 43 of Rwandan penal code provides individuality character of fine penalty.

II.2.1.4.No double jeopardy

An individual may not be punished twice for the same infraction^133(*). It is a general principle called in Latin «non ibis in idem», which means a person cannot be punished twice for the same crime already punished.

* ¹³¹M.Georges Brière de l'Isle, Op.Cit., p.346

* ¹³²Id., p348

* ¹³³ penal code, Op.Cit., art. 5