Critical Analysis of the Role of Courts in Fighting Against Economic Crimes in Rwanda Case of Scope of Activism of Judge in Criminal Matters

Dr. Didace Nshimiyimana
Vice President of Intermediate Court of Nyarugenge/Supreme Court of Rwanda, India.

Volume III, Issue V, 2020

In a democratic state, courts are in the best place for protecting individual and institutional rights as well as the development and economy of a country. The activism of judge in criminal court as it is provided in civil law may highly contribute to the fight against the economic crimes. This study seeks to address the role of a court in collecting pieces of evidence with the purpose to fight against economic crimes. It examines the provisions governing the collection of evidence by the court with the aim to safeguard the rights of the accused person and the fight against the economic crimes. In this perspective, the legal framework of economic crimes in Rwanda and the criminal procedure and modes of administration of evidence in court hearing were qualitatively analyzed. This research argues that is true that the burden of proof is for the prosecution, but the first impressions of a best Rwandan judge could not be rejecting pieces of evidence of economic crimes produced by the prosecutor or accused person without its scrupulous examination. The recourse to the scientific and forensic evidence is helpful in case of assessing pieces of evidence relating to economic crimes. This contribution commends legislative enactment and the creation of awareness of the investigators and prosecutors toward on a carefulness investigation in case of collecting evidence of economic crimes and judges in case of judging those cases.

Keywords: Rwanda, prosecution, economic crimes, activism of the judge, evidence.