On Thursday, September 17, Nyarugenge Intermediate Court postponed the bail appeal of Ferwafa president Fabrice Shema after his defence team asked the court to give them time to work on an agreement with the prosecutors.
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The contents and nature of the agreements were not disclosed in court. However, according to the law, there are certain types of aagreements that the prosecution and defence can reach during criminal proceedings.
In this article, let's look at what the law provides for.
Fabrice Tuyisenge, a Kigali-based lawyer explained to The New Times that agreements between the prosecution and the defendant are possible when the defendant agrees to plead guilty in exchange for a reduction in the number of charges or a commitment by the prosecution not to seek the maximum penalty provided by law, which is plea bargaining.
The 2019 law relating to criminal procedure provides for plea bargaining.
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Under its article 26, at the end of a suspect’s interrogation, a prosecutor may propose a plea-bargaining agreement in which the suspect helps the prosecution obtain information necessary for the prosecution of an offence or information about other people involved in its commission.
In return, the prosecution can make concessions concerning the charges against the suspect or the penalties it may request, provided the agreement does not hinder the proper administration of justice.
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Can an agreement affect detention?
The Supreme Court practice directions provide that a plea-bargaining agreement can include conditions for the release of a defendant who is under arrest or detention.
The 2019 criminal procedure law also requires a judge hearing a provisional-detention matter to examine whether there was a plea-bargaining agreement between the prosecutor and accused and consider it when making a decision on provisional detention.
Can compensation be part of an agreement?
The practice directions allow restitution to the victim to form part of a plea-bargaining agreement.
Where restitution is included, the agreement should set out the conditions for paying or otherwise compensating the victim.
Victims can also have a role in the process. They may participate in plea-bargaining negotiations where the prosecution and defendant consider it appropriate.
Even when they do not participate directly, the prosecution is required to make reasonable efforts to inform and consult them about the negotiations.
Who makes the final decision?
A plea-bargaining agreement reached by the prosecution and defendant must be submitted to court.
The court may approve or reject the agreement but cannot alter it. If the court does not approve it, the defendant may withdraw the guilty plea and proceed to trial or accept the plea bargain with modifications suggested by the judge.
When can plea bargaining happen?
The Supreme Court’s practice directions say plea-bargaining negotiations can be initiated at any stage of criminal proceedings where the court has not yet made a decision on the case.
The prosecutor is expected, where appropriate, to ensure that negotiations begin as early as possible.
What happens after the sides agree?
A plea-bargaining agreement must be made in writing and signed by the parties involved in the negotiations.
Once the parties reach an agreement, it is submitted to court for consideration.
In the 2022/23 judicial year, 934 cases were concluded through plea bargaining. The number rose to 13,596 in the 2025/26 judicial year, meaning the number of cases resolved through the mechanism increased more than 14-fold over the three-and-a-half years since the programme began.