Judicial Law
Obstacles to public action and the need to combat impunity in Congolese law: the case of PIs
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Public prosecution is the application of criminal law to the perpetrators of criminal acts, but also seeks to repair the damage caused to society. This action is taken by the public prosecutor, in the name and on behalf of society. It is a means of combating impunity in a State. Anyone who has committed an offence in a state that claims to be governed by the rule of law is subject to the rigors of the law, whatever their status at the time of the offence, before or after the event, or at the time of prosecution. Focusing on the status of the alleged offender is, in a way, a way of encouraging ...
Public prosecution is the application of criminal law to the perpetrators of criminal acts, but also seeks to repair the damage caused to society. This action is taken by the public prosecutor, in the name and on behalf of society. It is a means of combating impunity in a State. Anyone who has committed an offence in a state that claims to be governed by the rule of law is subject to the rigors of the law, whatever their status at the time of the offence, before or after the event, or at the time of prosecution. Focusing on the status of the alleged offender is, in a way, a way of encouraging impunity for one category of people. It is true that the DRC often proclaims itself to be a state governed by the rule of law, in which the prosecution of certain people is conditional on prior authorization, and in cases where authorization is not required, these people have the possibility of suspending proceedings already underway, whatever the level of prosecution. These include members of parliament, members of the government, etc.
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