The government is taking steps to strengthen the National Public Prosecution right (NPPA) by allowing them the right to commence discussions between suspects and victims in cases where the offence committed does not warrant a sentence of more than five years in jail.
Solina Nyirahabimana, Minister of State in charge of Constitutional and Legal Affairs, disclosed this development at a parliamentary session on Monday, June 26, while presenting a new draft law on criminal procedure.
Currently, the prosecution can commence discussions in cases where the offence carries a maximum jail term of two years, with exceptions for juvenile suspects or offenses penalized by a maximum prison term of five years. However, Nyirahabimana emphasized that this frequently results in superfluous court filings when issues could have been addressed at the prosecution level.
“To address this issue, we amended article 24 on a prosecutor’s obligations upon receipt of the case file to allow negotiations between the suspect and victim in cases where the offence is not punishable by a prison term of more than five years, such as intentional assault and battery,” she explained.
Nyirahabimana further stated that the choice to engage in discussions will be made at the discretion of the prosecution, taking into account the victims’ interests.
