Unlike the current situation where police officers are dismissed for security duty abandonment, they now face imprisonment of six months to seven years, depending on the desertion gravity, once the new law is published in the official gazette.

The move, according to the Ministry of Interior, and Rwanda National Police, is aimed at further discouraging police officers from abandoning security duties, compared to the already existing penalty that was lenient.

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The adoption of the new law Governing Rwanda National Police (RNP) was completed last week, after being passed by both the Chamber of Deputies (on April 26) and the Senate (on April 27).

It was passed following the approval by a joint ad hoc committee of the Chamber of Deputies and the Senate, of the amendment made to the bill.

The amendment made by the Senate was earlier not accepted by the Lower House and consisted of removing Article 70 which was providing for saving (retaining) some Orders which were already in force.

The reason put forward by the Senate for that article's removal was that it was not adding anything since the provisions contained in it were implied in another article related to the repealing of the law of 2010 determining the powers, responsibilities, organisation, and functioning of the Rwanda National Police, and all other prior legal provisions contrary to this new law.

While presenting the joint ad hoc parliamentary committee report, its chairperson, MP Emmanuel Bugingo, said that it realised that the amendment made by the Senate to remove article 70 on saving provisions from the bill was valid.

Also, other improvements made to the bill in terms of wording and numbering were approved.

Sanctions against a commissioned police officer for desertion

According to article 63 of the law, a commissioned officer absent from his or her work at RNP for more than 15 consecutive days without a valid reason, commits the offence of desertion.

Upon conviction, he or she is liable to imprisonment for a term of not less than one year and not more than two years.

But, the sentence is imprisonment of not less than five years and not more than seven years, if a commissioned officer has crossed borders of Rwanda; has deserted with a firearm or any other RNP equipment; has deserted for more than six months; or has intended to desert in conspiracy with more than one police officer.

Sanctions against a non-commissioned police officer for desertion

The law provides in its article 64 that a non-commissioned police officer who is absent from RNP work for more than 15 consecutive days without valid reasons, commits an offence of desertion.

Upon conviction, he or she is liable to imprisonment for a term of not less than six months and not more than one year.

The sentence is imprisonment of not less than three years and not more than five years if a non-commissioned police officer, has crossed borders of Rwanda; has deserted with a firearm or any other RNP equipment; has deserted for more than six months; has intended to desert in conspiracy with more than one police officer.

Power to carry out criminal investigation

The law provides — in its article 48 — that Rwanda National Police has the power to investigate offences relating to road, railways, and waterways accidents and traffic offences.

The Inspector General of Police draws up the list of police officers who have the power to investigate such offenses. It adds that a police officer who investigates the offenses in question creates files relating to the offenses for which he or she is competent, and submits them to the prosecution.

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