Understanding cyber crimes as continuous emerging crimes.

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Day by day we are getting familiar with technology use. In that familiarity, we get more aware of the risks and different ways we can be a victim to cybercriminals. It has become common nowadays to face Mobile Money frauds and scammers increasing every day. Among the victims are older people who are more vulnerable. Cybercrimes are not new in Rwanda, but the way new methods and ways of committing these crimes and the development of technology cybercrimes are becoming new day-by-day.

According to the NATIONAL PUBLIC PROSECUTION AUTHORITY QUARTERLY PROGRESS REPORT July – September 2022 published December, 2022. Cases received and handled (July - September 2022) while PROSECUTING EMERGING CRIMES among them; Cybercrimes. 138 cases were received, among the suspect involved 47 were women, and 124 were men.[1]

While addressing to the MPs for the legal basis of draft law adoption the then Minister of Information Technology and Communications Jean de Dieu Rurangirwa said that, “Increasing use of the Internet and other digital technologies increases our vulnerability to cyber threats, increasing dependence on cyberspace has brought new risks. He added that criminals are increasingly using cyber space to gain access to   personal information, steal businesses and gain   knowledge of sensitive government-held information for financial, political gain or other malicious.” There were unusual cyber infractions that were not largely known but being committed and go unpunished for there was no clear legal instrument in Rwanda legal framework. He gave an example of, phishing: which implies counterfeiting source intending to deceive the recipient, visitor or its electronic system to be an authentic source intending to gain unauthorized access or to obtain valuable information.[2] The law is not in use and it is giving guidance on the matters of cybercrimes.

This law shows that, a person who establishes and uses a website or sends an electronic message using a computer or a computer system in order to have access to confidential information from a visitor of the website or recipient of the message with intent to use them for unlawful purposes, especially for the purpose of stealing money or obtaining access to a computer or a computer system, commits an offence. This is known as phishing. Upon conviction, he/she is liable to imprisonment for a term of not less than one (1) year and not more than two (2) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW 3,000,000).[3]

This is seen mostly on social media, where a person, intentionally, uses a computer or a computer system to harass or threaten with the intent to place another person in distress or fear through; displays, distributes or publishes indecent documents, sounds, pictures or videos; in bad faith, he/she takes pictures, without his/her consent or knowledge; he/she displays or distributes information in a manner that substantially increases the risk of harm or violence to any other person; commits an offence. This is known as Cyber-stalking. Upon conviction, he/she is liable to imprisonment for a term of not less than six (6) months and not more than two (2) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than two million Rwandan francs (FRW 2,000,000). The prosecution of offenses under this Article are instituted only upon complaint of the offended person.[4]

The law also shows that, any person who publishes, transmits or causes to be published any indecent message using a computer or a computer system, commits an offence. Thia is known as Publishing indecent information in electronic form. Upon conviction, he/she is liable to imprisonment for a term of not less than six (6) months and not more than two (2) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than two million Rwandan francs(FRW 2,000,000).When the indecent message referred to in Paragraph one of this Article is not true or is directed against a child, the offender is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW 3,000,000).[5]

We see rumors everywhere, the offenders do it intentionally with a goal of tarnishing the image of the targeted person. Publication of rumors occurs when, any person who, knowingly and through a computer or a computer system, publishes rumors that may incite fear, insurrection or violence amongst the population or that may make a person lose their credibility, there for he/she commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW3,000,000).[6]

Another offense that is committed mostly on social media is Impersonation. It is committed when Any person who intentionally uses somebody identity over the internet in bad faith to profit, mislead or destroy reputation or otherwise, if such identity is similar, undistinguishable, or confusingly similar to an existing name or description that belongs to another person or organ, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW3,000,000).[7]

Another offence we can look at is the Publication of pornographic images through a computer or a computer system. Any person who publishes or causes to be published pornography through a computer system or through any other means of information and communication

technology proposes, grooms or solicits, through a computer or a computer system or any network, to meet a child for the purpose of engaging in sexual activities with the child; commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW3,000,000).

If the offender publishes child pornography through a computer or a computer system or makes available or facilitates the access to child pornography through a computer or a computer system, he/she is liable to imprisonment for a term of not less than five (5) years and not more than seven (7) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW 3,000,000).[8]

To understand more about cybercrime, let’s use the CASE NO: RP/ECON 00002/2020/TGI/GSBO, ON 30/06/2021, BEFORE GASABO INTERMEDIATE COURT.[9] It is a case including 22 accused individuals. Among alleged five offences, three were related to cybercrimes, namely; Unauthorized access to a computer or a computer system data, a crime provided under Article 16 Of Law Nº 60/2018 Of 22/8/2018 On Prevention and Punishment of Cyber Crimes. Access to data with intent to commit an offence, a crime provided under article 17 of Law Nº 60/2018 Of 22/8/2018 On Prevention and Punishment of Cyber Crimes. Unauthorized modification of computer or computer system data, a crime provided under article 18 of Law Nº 60/2018 Of 22/8/2018 On Prevention and Punishment of Cyber Crimes.

Through the prosecution’s submission, the wanted to show whether there is the role played by[10] the defendants, or the necessary support provided to ensure that the theft was committed against the accounts of Equity Bank / Rwanda's customers in a technologically advanced manner. In the view of the court, based on articles 16,17, and 18 of law nº 60/2018 of 22/8/2018 on prevention and punishment of cybercrimes, articles 166 and 224 of Law Nº68/2018 of 30/08/2018 determining offences and penalties in general. The court found that, as shown in the present case, all 22 defendants were convicted of the offenses set forth in the preceding paragraphs, which they did with the intent to steal the customers' money deposited in Equity Bank using technology. The court found that they should be sentenced to the maximum sentence of imprisonment as provided for in Articles 61 and 62 of Law no 68/2018 of 30/08/2018 provided above since the crimes are ideal concurrence of offences. So, the court decided to punish them with great penalty as provided by the law and punished each of them with 8 years of imprisonment according to article 224 of law determining offences and their penalties in general. With regards to the provision of article 34 of the above law, the court finds that all the convicts in the case appear in the court's decision, and must return the stolen money to Equity Bank in the amount of frw2,994,783.

It is for a fact that as our society is moving fast in embracing technology, hence the availability of cyber related crimes. The government of Rwanda, is making all possible ways to deal with cybercrimes. In 2023, Rwanda inaugurated a regional cybercrime investigation centre. Officially inaugurated by The Minister of Justice and Attorney General, Dr. Emmanuel Ugirashebuja. The centre is located at the Rwanda National Police (RNP) General Headquarters, Kacyiru was seconded by the Eastern Africa Police Chiefs Cooperation Organisation (EAPCCO) to facilitate and coordinate law enforcement institutions to respond to cybercrime activities in the region. The cybercrime centre is serving as a regional training hub in mobile and computer forensics, malware analysis and investigation, and cyber investigation. The digital forensic laboratory, on the other hand, will facilitate law enforcement institutions in investigations and evidence collection for electronic devices as well as cases related to malware and cybercrime.[11] Having qualifies people to deal with these emerging crimes is a promising way the government of Rwanda put in place to tackle with these emerging crimes.

On the international level Rwanda seek to find solutions to these emerging cybercrimes. While hosting the 4th Africa Cyber Defense Forum in 2023, in her official opening, the Minister of ICT and Innovation, Paula Ingabire, highlighted the increasing global cyber threats and the need for collective action to address them. She said that, “The rapid evolution of cyber threats and the cyber threat landscape presents unprecedented challenges. She added that the sophistication and complexity of these challenges require that we work together to ensure the readiness to respond and adequately mitigate some of the global cyber threats”. In addition, she added that, cyber criminals are harnessing technology advances to create more sophisticated cyber threats and are developing new tactics in many ways. She also stressed the importance of addressing the cyber security skills shortage, gender gap, and pay disparities.[12] It very important to know how these crimes are committed so as to prevent being victims, by increasing our knowledge in the knowhow of technology.

Without leaving anyone behind, let us educate each other on cybercrimes, as we are relying on technology on day-today activities. Reading the laws, especially, LAW Nº 60/2018 OF 22/8/2018 ON PREVENTION AND PUNISHMENT OF CYBER CRIMES. This will prevent cybercrimes and encourage us to be more responsible. Most important protect children from cyber harm. The law might change it is also important update ourselves on legal changes.


[3] LAW Nº 60/2018 OF 22/8/2018 ON PREVENTION AND PUNISHMENT OF CYBER CRIMES Article 36

[4] LAW Nº 60/2018 OF 22/8/2018 ON PREVENTION AND PUNISHMENT OF CYBER CRIMES Article 35

[5] LAW Nº 60/2018 OF 22/8/2018 ON PREVENTION AND PUNISHMENT OF CYBER CRIMES Article 38

[6] LAW Nº 60/2018 OF 22/8/2018 ON PREVENTION AND PUNISHMENT OF CYBER CRIMES Article 39

[8] LAW Nº 60/2018 OF 22/8/2018 ON PREVENTION AND PUNISHMENT OF CYBER CRIMES Article 34

[10] Idem

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