The commission of an offence results in its perpetrator being punished. The Congolese penal code, through its nomenclature of all penalties, recognizes the death penalty at the top of the list.The DRC has ratified a number of conventions and treaties recognizing human rights and the sanctity of human life, but has failed to demonstrate, or if you prefer, to explain the real scope of the death penalty, which is recognized and defined by article 5 of the decree of 30/01/1940 on the penal code, and whose current constitution advocates its abolition, while at the same time enshrining the sanctity of human life, to the sad fate of those condemned to the said penalty. It is with this in mind that the present work is divided into two chapters, in addition to the introduction.