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Periodical article Periodical article
Title:La place du parquet au sein du pouvoir judiciaire en République Démocratique du Congo
Author:Minga, Robert Mikobi
Year:2021
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:8
Issue:4
Pages:522-535
Language:French
Geographic term:Congo (Democratic Republic of)
Subject:law
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2021-4-522
Abstract:Following the revision of article 149 of the constitution of 18 february 2006, which removed the public prosecutor's office from the judiciary, the question of the constitutional status of the public prosecutor's office arose in the drc. based on this revision and the provisions of article 70 of the organic law on the organization, functioning and competence of the courts of the judicial order, some congolese scholars maintain that the public prosecutor's office is not part of the judicial power and is a government structure. contrary to this position, the study shows that the public prosecutor's office is indeed part of the judicial power. this argument is based on the will of the constituent and the legislator to unify the congolese judiciary, which unification is revealed much more by the institution of a single superior council of the judiciary whose composition includes both judges and prosecutors. the study also reveals that the membership of the prosecution in the judicial power is increasingly affirmed by the high jurisdictions, in this case the courts and constitutional councils. such is the case of the french constitutional council which, through several rulings, has confirmed the unambiguous belonging of the public prosecutor's office to the judicial power. the study concludes that the public prosecutor's office belongs to the judicial power and suggests the removal of all legal and regulatory provisions that hinder the independence of the public prosecutor's office, which protects society by seeking out and prosecuting people who violate the law considered as the expression of national sovereignty. it notes that the independence of the public prosecutor's office is necessary for the consolidation of the rule of law enshrined in article 1 of the constitution of 18 february 2006.
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