Most people think that punishment occurs only when someone is found guilty of committing a crime. However, this is not entirely true. A person can also be punished for conspiracy to commit a crime. According to article 25 of Rwanda’s penal code, “Conspiracy is an agreement between two or more persons to engage in the commission of an offence by one or more of them.” For instance, if a student plans with their friend and they obtain illicit drugs to sell to their peers after school, it can be said that those two students have conspired to commit a crime since obtaining and selling illicit drugs is a criminal offense. This is according to article 26 of the penal code. If the school does prompt checking and catches those two students with illicit drugs in their bags, the students are punishable by law. This is because article 27 of the penal code says that an attempt is punishable when the plan to commit a crime is demonstrated by unmistakable acts that were “suspended or failed in their purpose only because of circumstances beyond the offender’s control.” “Beyond the offender’s control” in the example of the students’ attempt to sell illicit drugs, is getting caught. According to article 28 of the penal code, a person can also be punished if their objective for committing a crime is not achieved and the person does not know why it didn’t happen. For example, if one of the two students goes home with the drugs and the other student doesn’t know why, both are still punishable if caught. However, if one of the students gets scared and at the last minute refuses to participate in selling the drugs, they will only be punished if the other student sells them. According to article 29 of the penal code, this is called voluntary withdrawal of the intention to commit an offence The reason why a student who changes their mind about committing a crime is punished once the crime is committed is because article 30 paragraph one of the penal code says, “An attempt to commit a felony or a misdemeanour shall be regarded as a felony or a misdemeanour.” So if you plan it, you are the same as someone who has done it. The only saving grace and according to article 30, paragraph two, the judge may reduce penalties for the attempt according to the circumstances in which the attempt occurred. Also, an attempt to commit minor offences is not punishable.
