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In matters relating to prosecution of offences, the Minister in charge of Justice shall
determine general policy and may, for public interest, issue written instructions to
the Prosecutor General to undertake or refrain from investigating and prosecuting
an offence.
He/she may also, in cases of urgency and in public interest, issue written instructions
to any Prosecutor to investigate and prosecute or refrain from investigating and
prosecuting an offence and inform the Prosecutor General of such instructions.
Prosecutors shall be independent from parties to judicial proceedings and judges.
CHAPTER II: THE MILITARY PROSECUTION
DEPARTMENT
• Establishment of military courts
Article 163
There is hereby established the Military Prosecution Department responsible for the
prosecution of offences committed by persons subject to the jurisdiction of military
courts. It shall investigate and prosecute offences before military courts.
Article 164
The Military Prosecution Department is headed by the Military Prosecutor General
assisted by the Deputy Military Prosecutor General.
An Organic Law shall determine the organization, jurisdiction and functioning of the
military prosecution department.
CHAPTER III: THE HIGH COUNCIL OF THE NATIONAL
PUBLIC PROSECUTION AUTHORITY
Article 165: Establishment of the High Council of the
National Public Prosecution Authority
There is hereby established a High Council of the National Public Prosecution
Authority.
Its mission shall be to provide general policy guidelines and to ensure the smooth
functioning of the Public Prosecution in the whole country.
An organic law shall determine the organisation, powers and functioning of the High
Council of the National Public Prosecution Authority.
• Oaths to abide by constitution
Article 166: Oath of office of the Prosecutors
The Prosecutor General and the Deputy Prosecutor General shall take oath of office
before the President of the Republic in the presence of the Members of Parliament.
Other Prosecutors shall take oath of office before the authorities specified by the
Law governing them.
Rwanda 2003 (rev. 2010)
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