Criminal law in Congo

The criminal-law framework of the Democratic Republic of the Congo is based on the Constitution, the Code pénal congolais and the Code de procédure pénale. Criminal liability is personal, criminal rules are interpreted strictly and no person may be punished for conduct or with a penalty that the law did not establish. Constitutional guarantees include equality before the law, human dignity, child protection, due process, the right to remain silent and protection against arbitrary detention. A criminal matter can begin with a complaint or denunciation to a police judicial officer, the public prosecutor's office or a parquet. The police judicial officer, known as an officier de police judiciaire or OPJ, conducts preliminary inquiries under the supervision of the Ministère Public. Prosecutors, including the OMP, direct prosecution and decide how the matter proceeds. Investigators may carry out searches, seizures and confrontations and may use experts, interpreters or doctors. A private individual may apprehend a person caught in the act of an offence punishable by at least three days of penal servitude, but must hand that person over immediately to the competent authority. A detained suspect must be informed of the reasons for detention and relevant rights. Access to counsel and family contact, an interpreter where needed, the right to remain silent and protection against self-incrimination apply during the process. Police custody has a statutory maximum of 48 hours before presentation to a judicial authority. Preventive detention is exceptional and requires judicial authorisation; the judge considers appearance, interference with the investigation and the risk that the alleged offence will continue. Provisional release may be available. After a provisional arrest warrant, the person should appear before a judge within five days, subject to travel-time exceptions. The Tribunal de paix generally hears offences carrying up to five days of penal servitude together with a fine. The Tribunal de grande instance hears matters carrying more than five days or the death penalty. Appeals go to a Cour d'appel, while the Cour de cassation reviews legal issues. The Ministère Public prosecutes, and a victim may join the criminal case as a partie civile to seek compensation through the criminal court. Compensation within a criminal case does not turn the matter into a separate civil-law proceeding. Specific rules apply to sexual violence. The OPJ must inform the OMP within 24 hours. The preliminary inquiry has a maximum period of one month, and the investigation and judgment together have a statutory three-month framework. Victims may obtain counsel, medical and psychological assessment, privacy and security measures, and a closed hearing on a request from the victim or the OMP. A financial settlement is excluded for these offences. Gender-based violence rules also cover conduct such as gender intimidation or stigmatisation, incest, sororat, lévirat, blackmail, voyeurism, regressive customs and online gender violence. The Code du numérique, established by Ordonnance-loi 23/010, covers offences committed through information and communication technologies or facilitated by them. It protects computer systems and regulates electronic evidence, online content and data offences. The Code pénal, the Code de procédure pénale and the law on judicial competence continue to determine the applicable criminal procedure and court. Road offences are governed by Congolese road-traffic law under Law 78/022 and include offences involving driving, licences, vehicles, registration, alcohol, refusal to stop or refusal to undergo a check. Depending on the case, authorities may suspend a licence, immobilise a vehicle or place it in a vehicle pound, and the competent criminal court depends on the offence and jurisdictional rules. Children under 18 receive special protection. A child under 14 has no criminal responsibility, while a child aged 14 to under 18 may be treated as a child in conflict with the law. The Tribunal pour enfants has exclusive jurisdiction. The death penalty and life penal servitude are unavailable for children. Detention is a last resort, must be brief and must separate children from adults. Children have access to free counsel and an interpreter, and parents, tutors or social workers may participate. A mediation committee can support diversion, including referral within 48 hours in a minor first case without recidivism. Measures may include mediation, psychosocial support, family or institutional placement, supervised liberty, education and rehabilitation. Military courts apply the Code pénal militaire and the Code judiciaire militaire. Military jurisdiction can depend on the person's status, the material nature of the offence and the circumstances, and may cover both military and ordinary offences. Military police courts, garrison courts, military courts of appeal, operational military courts and the Haute Cour Militaire work with the Auditorat militaire. International crimes, including genocide, crimes against humanity, war crimes and crimes against peace or security, are imprescriptible under Law 15/022 and are not covered by the stated amnesty or pardon restrictions in that law. The statutory sanctions include the death penalty, travaux forcés, servitude pénale, fines and special confiscation. The death penalty remains legally possible; the execution policy and case status are subject to change, with the execution moratorium lifted in 2024 and a presidential commutation documented in 2025. A current case therefore requires verification of the applicable law and the latest decision. Prisoners are held in regional, civil or military establishments administered through the prison administration, with rights to humane treatment, detention safeguards, rehabilitation and reintegration, although practical access and implementation vary across the country's large territory. Victims may seek protection, privacy, medical and psychosocial care, counsel and compensation through a criminal case. Victims of gender-based violence have access to free counsel throughout the proceedings, social inquiry and psychosocial support, and procedure costs are charged to the Treasury under Ordonnance-loi 23/024. Conflict-related victims may fall under Law 22/065 and receive support through FONAREV when the harm involves conflict-related sexual violence or crimes against peace and security. FONAREV can support access to justice, counsel, recovery and administrative, judicial or collective reparations. Eligible victims are not required to pay consignation, court or proportional fees; customary reparation can supplement, but does not replace, the formal mechanisms. Access to complaints and legal assistance remains uneven, and general fees and processing times are not uniformly established across the country.