Circumstances for exemption from criminal liability

Crime is wrong and as such, it is punishable by law. However, there are circumstances under which a person who has committed crime is exempted from punishment. One such circumstance, according to Article 103 of the Penal Code of Rwanda, is when a person commits an offense by force or under duress if he/she cannot resist. For example, if robbers put someone on gunpoint and command him/her to give them money that isn’t his/hers, then that person cannot be punished for giving money to robbers. Another reason why someone can get exempted from liability after crime is if they are carrying out an ordered and lawful act. This is according to Article 104 of the Penal Code. For instance, in some countries, criminals are given a death sentence. The person who executes the death sentence cannot be held for murder unless they do it in a way that the sentence did not prescribe. You can also be exempted from criminal liability in case of self-defense. Article 105 of the Penal Code defines self-defense as acts which are done to “repel, during night, a person who breaks into an occupied place, enters it by force or trickery” and defending oneself against “perpetrators of theft or other criminals.” Article 106 of the Penal Code says that those who commit crime while defending themselves or other people against unjustified attacks are also exempted from criminal liability. However, this is as long as there isn’t “excessive disproportion between the means of defense used and the gravity of the attack.” For example, if someone slaps you and then you respond by shooting them dead, then it can be said that there is a discrepancy between the gravity of attack and your means of defense. If someone commits an act in defense of his/her property, Article 107 of the Penal Code says that that person is exempted from criminal liability. However, the act has to be reasonable and proportionate to the offense against which he/she is protecting his/her property. According to Article 108 of the Penal Code, another circumstance under which someone can be exempted from criminal liability is if they commit an act of self-defense “in the presence of an actual or imminent danger which poses a threat to him/her or to another person.” Again, the exception here is when there is excessive disproportion between the means of defense and the gravity of the danger. Article 109 says that exemption from criminal liability is not extended to co-offenders or accomplices. This means that if someone is beating you up and you defend yourself by beating them back, you may not be criminally liable. However, if your friends join in and beat the person up, they will be held responsible for their actions. The circumstances surrounding the offender are put into consideration when deciding whether or not he/she is criminally liable. This is according to Article 111 of the Penal Code.

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Circumstances for exemption from criminal liability