constituteproject.org PDF generated: 18 Apr 2016, 15:15 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) Page 50