The particularity of the criminal procedure before the Congolese Constitutional Court
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For centuries, the question of the criminal responsibility of Heads of State (and Ministers) has always been at the heart of the most heated debates in the evolution of constitutional and criminal law. The reality is that each State, depending on its legal tradition and political regime, has adopted criminal legislation that tends sometimes to enshrine the criminal irresponsibility of the Head of State and the Prime Minister, and sometimes to establish criminal responsibility that is too protective and obstructive.In fact, when we refer to the rich Congolese legal system from independence to t...
For centuries, the question of the criminal responsibility of Heads of State (and Ministers) has always been at the heart of the most heated debates in the evolution of constitutional and criminal law. The reality is that each State, depending on its legal tradition and political regime, has adopted criminal legislation that tends sometimes to enshrine the criminal irresponsibility of the Head of State and the Prime Minister, and sometimes to establish criminal responsibility that is too protective and obstructive.In fact, when we refer to the rich Congolese legal system from independence to the present day, we see that the Democratic Republic of Congo has not subscribed to the system of criminal non-accountability of the head of state and the prime minister, but rather to that of their criminal responsibility before the Constitutional Court. The latter now has a criminal jurisdiction that reflects a mixed particularism to the point of remaining, nowadays, a subject of debate of which this book would like to be the echo.
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