Criminal
Received Belgian-derived criminal law, with military jurisdiction over grave crimes
The Penal Code descends from Belgian colonial legislation as amended. The 2006 sexual violence laws substantially reformed the treatment of rape, and military courts retain jurisdiction over war crimes and crimes against humanity under the 2002 Military Judicial Code.
Key rules
- Jurisdiction — Tribunaux de paix and de grande instance try ordinary offences; military courts try international crimes and offences by service members.
- Deadline — Garde à vue: 48 hours before presentation to a magistrate
- Deadline — Appeal: ten days in criminal matters
Governing law
- Code pénal congolaisDécret du 30 janvier 1940, as amended
- Lois n° 06/018 et 06/019 — sexual violence reform
- Loi n° 023/2002 portant Code judiciaire militaire
In practice
DR Congo is one of the few states where military courts routinely try international crimes against civilians, a consequence of the 2002 Military Judicial Code and of the conflict in the east. The 2006 sexual violence statutes were a landmark, defining rape broadly and removing the possibility of settlement by customary compensation.