A critical look at the legal system for discontinuing proceedings - ELIONTA, Darchy
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A scrupulous analysis of the various legal texts relating to the discretionary power of prosecution, the rights and guarantees of the victim of a dismissal, and an observation of the way in which the Public Prosecutor handles the power of dismissal, highlight numerous shortcomings and flaws in the Congolese judicial system. Clearly, it needs to be rethought and reinvented.This book takes a critical look at the various legal loopholes and abuses associated with dismissal, with a view to setting the scene for reform.By focusing on the abuses that create a two-speed justice system, fuel…mehr

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Produktbeschreibung
A scrupulous analysis of the various legal texts relating to the discretionary power of prosecution, the rights and guarantees of the victim of a dismissal, and an observation of the way in which the Public Prosecutor handles the power of dismissal, highlight numerous shortcomings and flaws in the Congolese judicial system. Clearly, it needs to be rethought and reinvented.This book takes a critical look at the various legal loopholes and abuses associated with dismissal, with a view to setting the scene for reform.By focusing on the abuses that create a two-speed justice system, fuel suspicions of the presence of a worm in the luscious fruit of justice, and tarnish the image of the judicial machine, this witty work proposes the creation of a judge of opportunity for prosecution, the strict supervision of the exercise of the power to dismiss cases, the strengthening of alternative procedures to dismissal, and the consideration of victims' rights, in order to build an effective repressive system that meets the standards of a trustworthy state governed by the rule of law.
Autorenporträt
Trained as a magistrate and holder of a research Master's degree in private law, the author studied law at the Université Marien Ngouabi and at Paris 1 (Sorbonne), where he obtained a University diploma in the law of companies in difficulty.