CRITICAL ANALYSIS OF THE CORPORATE CRIMINAL LIABILITY UNDER RWANDAN LAW

The main objective of this study was to identify whether corporations can be prosecuted for criminal offences in courts in Rwanda, to discover specific challenges hindering and come up with possible challenges that can improve on application of vicarious liability in corporate cases. Within this study secondary sources have been the main source of material used and this includes books, review of case laws, statutes, international treaties, articles, and journals. Collection of these materials included intensive library research and internet searches. The study findings. Rwandan law does recognize the concept of separate entity of a corporation in general and the criminal liability thereof in particular. It has further been established that the Rwandan criminal laws contain an inherent liberal bias that is designed to restrain both the breadth and type of criminal statutes that may be employed to suppress criminal conduct. In this light, corporations can and do get charged in Rwandan courts for allegedly committing certain criminal offences. However, it has further revealed that whereas this is the position, the prosecutorial arm of the judicial system has been somewhat lax in adopting a staunch prosecutorial role for such strictly penal offences against corporations.  Instead, most of the criminal cases instituted against corporations have often been regulatory offences. Thus, most of the convictions that have been sustained in Rwandan courts about corporate crime have been brought under the various statutory provisions other than the Penal Code which is the principal statutes. Due to the study results, the study suggests that there should establish due diligence approach in different corporations to advance a probable defense for corporate entities charged with criminal offences. In this regard, a corporation seeks to establish that it had put in place a compliance program through which all its agents and/or employees were encouraged to adhere to. This means that corporations should hire transactional lawyers/experts who will ensure their due diligence is properly done.

 Key Words: Critical Analysis; Corporate; Criminal Liability; Rwandan Laws.

DOI:
2022-08-08 03:28:24 MUNANA MUGISHA Salim
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