The Infant Life (Preservation) Act, (the “Act”) criminalizes child destruction, defined as any act causing the death of a child “before it has an existence independent of its mother.” The punishment for such an offence is life imprisonment, with or without hard labor. For the purposes of the Act, the child must be capable of being born alive. A pregnancy lasting for a period of 28 weeks or more is prima facie evidence of this.
Law No. 059/2023 of December 4, 2023 amending Law No. 68/2018 of August 30, 2018 determining offenses and penalties in general, Rwanda, entered into force on December 5, 2023
Law No. 68/2018 of 30 August 2018 determining offenses and penalties in general, Rwanda, entered into force on 27 September 2018, as amended by Law No. 059/2023 of 4 December 2023
A person who commits murder but does the act in the heat of passion caused by sudden provocation is guilty of manslaughter only (Section 213). Provocation is defined to include any wrongful act or insult of such a nature as to be likely to deprive an ordinary person of self-control and to induce such a person to assault the person who committed the act or insult (Section 214). Section 230 addresses women who causes the death of their child under the age of 12 months.
The accused was tried for beating and raping his girlfriend A.S. (the third complainant), sexually abusing and beating their five-month-old male and female twin children, and murdering his son by throwing him on the floor. Medical experts testified that the injuries on the twins suggested sexual and other physical violence. Denying the charges, the accused testified that A.S., the children’s mother, beat the twins and assaulted the accused.
The accused murdered her newborn child and pleaded guilty to the crime. In determining her prison sentence, the judge took into account mitigating circumstances such as her young age (21 years old), the fact that the child’s father denied responsibility for the child, and the fact that her family nearly kicked her out of their home when she had her previous child. The judge also acknowledged that she was a first-time offender and showed remorse for the crime.
The accused conceived a child after incestuous sexual intercourse with her brother. After the child was born, the mother tied a scarf around its neck and buried it alive. At trial, she claimed that the child was strangled by its own umbilical cord and was already dead when she buried it. However, medical and forensic evidence showed that the child died from strangulation and suffocation due to the mother’s actions. She was convicted of murder.
Section 79 of the Austrian Criminal Code (Strafgesetzbuch – StGB) is a privilege compared to the basic offense of intentional homicide and murder. According to this provision, the mother is punished with a prison sentence of six months to five years if she kills her child during the birth or under the influence of the birth process.
