CHAPTER ONE- PARQUET GENERAL OF THE REPUBLICArticle 160
There is hereby established a National Prosecution Service known as the Parquet GÃ©nÃ©ral of the Republic responsible inter alia, for the investigation and prosecution of crimes committed in Rwanda.
The prosecution service shall enjoy administrative and financial autonomy.Article 161
The prosecution service shall comprise the office of the Prosecutor General of the Republic and an office at the level of the Province and the City of Kigali.
The Office of the Prosecutor General shall comprise the Prosecutor General, the Deputy Prosecutor General and Prosecutors with jurisdiction over the whole country.
The prosecution service in each Province and City of Kigali shall comprise of the Provincial Prosecutor and the Prosecutor of Kigali City as well as other prosecutors who assist them.
The Prosecutor General of the Republic shall direct and coordinate the activities of the prosecution service. With the assistance of the prosecutors in his or her office, he or she shall be responsible for prosecutions before the Supreme Court and the High Court of the Republic in accordance with provisions of the law.
He or she shall be represented in each province and the City of Kigali by a Provincial or the City of Kigali Prosecutor who assisted by other prosecutors under them, shall be responsible for prosecutions before the Provincial and the City of Kigali courts.
The Prosecutor General of the Republic may give written instructions to any Prosecutor. However, he or she has no power to give instructions to a Prosecutor at the Province and City of Kigali levels to refrain from prosecuting any person and to defer the matter to himself or herself. Article 162
The prosecution service shall be under the authority of the Minister having Justice in his or her functions.
In matters relating to the prosecution of offences, the Minister having Justice in his or her functions shall determine general policy and may, in public interest, issue written instructions to the Prosecutor General to undertake or refrain from investigations and prosecution of an offence.
He or 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 the Republic of such instructions.
Prosecutors shall be independent from parties to judicial proceedings and judges.
An organic law shall determine the organization, powers and functioning of the Prosecution service and shall also institute laws governing the status of prosecutors and other personnel of the prosecution service.
CHAPTER TWO- MILITARY PROSECUTION DEPARTMENTArticle 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 investigates and prosecutes offences before military courts.Article 164
An organic law shall determine the organization, powers and functioning of the Supreme Council of the Prosecution Service.