According to the Rwanda Investigation Bureau (RIB), criminal cases and civil cases are distinct categories under the law. Here is a closer look at the differences.
Rwandan law provides two categories of cases handled by courts: those arising from criminal charges and those arising from civil claims. Understanding the difference helps people know where their issue should be resolved according to the law.
ALSO READ: https://agaciropress.com/rdf-soldiers-complete-course-at-military-academy-in-ethiopia/
Criminal Cases: Offenses Against the Law
Criminal cases concern the commission of an offense defined by penal law. When someone is suspected of committing a crime, institutions such as the Rwanda Investigation Bureau (RIB), the Prosecution, and the Courts perform their duties to establish the truth and deliver justice. In criminal matters, the State prosecutes the accused through the Prosecution, because a crime is considered an act that disturbs public peace and security, even if the victim does not pursue the case, except in cases resolved through mediation between the accused and the complainant.
When a case is criminal, RIB is responsible for receiving and collecting evidence of the offense to establish the truth. If evidence shows the suspect’s involvement, it is submitted to the Prosecution, which prosecutes on behalf of the State. The accused may be prosecuted while detained or released depending on what the criminal procedure law provides.
Common Examples of Criminal Offenses
Examples of criminal cases include theft, murder, rape, child defilement, gender-based violence, corruption, fraud, drug use or trafficking, property damage, cybercrime, money laundering, terrorism, and other offenses defined by law. If found guilty, a person may be sentenced to imprisonment, fines, community service, or other penalties depending on the seriousness of the crime.
Civil Cases: Resolving Private Disputes
Civil cases, on the other hand, mainly concern disputes between individuals, families, or institutions. These cases often arise from failure to fulfill obligations agreed upon between parties or failure to respect civil law provisions. The aim is not to punish but to resolve disputes and restore rights. Usually, a civil case is initiated by someone who feels their rights have been violated and seeks redress from the court.
ALSO READ: Gen Muhoozi and President Kagame Play Basketball During Kigali Visit
Common Examples of Civil Disputes
Examples of civil cases include disputes over contracts, debts, property, boundaries, compensation for damages, inheritance, ownership rights, and other disagreements between individuals or institutions based on agreements. If the court finds the claim valid, it may order the defendant to pay compensation, return property, or fulfill obligations.
When One Incident Leads to Both Criminal and Civil Proceedings
Sometimes one act can give rise to both a criminal and a civil case. For example, in assault and battery, the accused may face criminal charges for the offense, while the victim may also seek compensation for medical expenses through a civil case or within the criminal proceedings as allowed by law.
Filing Cases Through the Correct Legal Channel
Criminal cases are submitted to RIB, while civil cases are filed in civil courts with jurisdiction. If civil claims are mistakenly submitted to RIB, complainants are advised to take them to the appropriate civil courts.
