Gracias OTEMIKONGO MANDEFU | UNIVERSITE DE KISANGANI (original) (raw)
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Turning to the first point, the notion of offenses in Congolese law, beyond the different doctrin... more Turning to the first point, the notion of offenses in Congolese law, beyond the different doctrinal definitions retained in the absence of a legal definition, we classified the offenses according to the various categories while placing particular emphasis on the unjustified choice of the repressive system. Congolese: the offense monism (any violation of the criminal law equals "offense"). Even though the Democratic Republic of Congo has ratified a number of international conventions with repressive systems: the tripartite division, which requires it to modify its monist system in favor of tripartite unlawful division (crimes, offenses and contraventions). After this light on what is meant by an offense in Congolese criminal law, we have scrutinized what is the legal reasoning on the constituent elements of it in the second point. According to these doctrines studied, there are sometimes four elements constituting the offense, sometimes it is three, or sometimes only tw...
Is there a criminal liability of legal persons in Congolese positive law? The decree of January 3... more Is there a criminal liability of legal persons in Congolese positive law? The decree of January 30, 1940 on the Congolese penal code as amended and supplemented by law n ° 06/018 of July 20, 2006, is silent on this issue. However, case law is divided on this notion. For a long time, only the leaders were prosecuted since the legal person was struck by absolute criminal irresponsibility. This question which creates a great doctrinal controversy has aroused our attention in the present reflection. As a result, on the one hand, we have supporters of the criminal irresponsibility of legal persons forming the minimalist tendency based on the theory of fiction, thus highlighting the fictitious character of legal persons in order to finally defend their argument of the 'irresponsibility. For them, the condition of accountability requires that the author have the intelligence and will. This accountability is only possible to natural persons. Because no moral person has a real exis...
Turning to the first point, the notion of offenses in Congolese law, beyond the different doctrin... more Turning to the first point, the notion of offenses in Congolese law, beyond the different doctrinal definitions retained in the absence of a legal definition, we classified the offenses according to the various categories while placing particular emphasis on the unjustified choice of the repressive system. Congolese: the offense monism (any violation of the criminal law equals "offense"). Even though the Democratic Republic of Congo has ratified a number of international conventions with repressive systems: the tripartite division, which requires it to modify its monist system in favor of tripartite unlawful division (crimes, offenses and contraventions). After this light on what is meant by an offense in Congolese criminal law, we have scrutinized what is the legal reasoning on the constituent elements of it in the second point. According to these doctrines studied, there are sometimes four elements constituting the offense, sometimes it is three, or sometimes only tw...
Is there a criminal liability of legal persons in Congolese positive law? The decree of January 3... more Is there a criminal liability of legal persons in Congolese positive law? The decree of January 30, 1940 on the Congolese penal code as amended and supplemented by law n ° 06/018 of July 20, 2006, is silent on this issue. However, case law is divided on this notion. For a long time, only the leaders were prosecuted since the legal person was struck by absolute criminal irresponsibility. This question which creates a great doctrinal controversy has aroused our attention in the present reflection. As a result, on the one hand, we have supporters of the criminal irresponsibility of legal persons forming the minimalist tendency based on the theory of fiction, thus highlighting the fictitious character of legal persons in order to finally defend their argument of the 'irresponsibility. For them, the condition of accountability requires that the author have the intelligence and will. This accountability is only possible to natural persons. Because no moral person has a real exis...