THE CRIMINAL JUSTICE SYSTEM IN CONGO The Territory of Congo became a colony of France in 1886 and was then known as the French Congo or Middle Congo. In 1910 it was incorporated into the federation of French West Africa and gained the status of an autonomous state within the French Community in 1958. It achieved full independence on August 15, 1960, calling itself the Republic of Congo. Today the country calls itself the People's Republic of Congo and is generally known as Congo (Brazzaville). Criminal Law During the colonial period, the French Criminal Code, applicable in Senegal, was extended to the territory of the French Congo on September 28, 1897. 1/ As amended, the provisions of this code were still in force on the eve of independence in a republished version of 1959. 2/ In accordance with accepted principles of international and express constitutional provisions, all legislation applicable in the Congo on the day of independence remained in force until repealed or replaced by later enactments. The code has not been replaced since, and the 1959 republished version of the criminal code continued to be applied after independence. Subsequent modifications of the Criminal Code of Congo, enacted after independence, were largely patterned after the French model and adapted to the national needs of the country. The process of "nationalization" by amendment, and mainly by enactment of additional legislation, began in 1960 and has con- ------- 1/ M. Alliot, Cours d'institutions privees africanines et malgaches 176 (Paris, 1966). 2/ E.J. Guillot comp., Code penal analytique pour la Communaute, le Cameroun et le Togo (Paris, 1959).THE CRIMINAL JUSTICE SYSTEM IN CONGO The Territory of Congo became a colony of France in 1886 and was then known as the French Congo or Middle Congo. In 1910 it was incorporated into the federation of French West Africa and gained the status of an autonomous state within the French Community in 1958. It achieved full independence on August 15, 1960, calling itself the Republic of Congo. Today the country calls itself the People's Republic of Congo and is generally known as Congo (Brazzaville). Criminal Law During the colonial period, the French Criminal Code, applicable in Senegal, was extended to the territory of the French Congo on September 28, 1897. 1/ As amended, the provisions of this code were still in force on the eve of independence in a republished version of 1959. 2/ In accordance with accepted principles of international and express constitutional provisions, all legislation applicable in the Congo on the day of independence remained in force until repealed or replaced by later enactments. The code has not been replaced since, and the 1959 republished version of the criminal code continued to be applied after independence. Subsequent modifications of the Criminal Code of Congo, enacted after independence, were largely patterned after the French model and adapted to the national needs of the country. The process of "nationalization" by amendment, and mainly by enactment of additional legislation, began in 1960 and has con- ------- 1/ M. Alliot, Cours d'institutions privees africanines et malgaches 176 (Paris, 1966). 2/ E.J. Guillot comp., Code penal analytique pour la Communaute, le Cameroun et le Togo (Paris, 1959).THE CRIMINAL JUSTICE SYSTEM IN CONGO The Territory of Congo became a colony of France in 1886 and was then known as the French Congo or Middle Congo. In 1910 it was incorporated into the federation of French West Africa and gained the status of an autonomous state within the French Community in 1958. It achieved full independence on August 15, 1960, calling itself the Republic of Congo. Today the country calls itself the People's Republic of Congo and is generally known as Congo (Brazzaville). Criminal Law During the colonial period, the French Criminal Code, applicable in Senegal, was extended to the territory of the French Congo on September 28, 1897. 1/ As amended, the provisions of this code were still in force on the eve of independence in a republished version of 1959. 2/ In accordance with accepted principles of international and express constitutional provisions, all legislation applicable in the Congo on the day of independence remained in force until repealed or replaced by later enactments. The code has not been replaced since, and the 1959 republished version of the criminal code continued to be applied after independence. Subsequent modifications of the Criminal Code of Congo, enacted after independence, were largely patterned after the French model and adapted to the national needs of the country. The process of "nationalization" by amendment, and mainly by enactment of additional legislation, began in 1960 and has con- ------- 1/ M. Alliot, Cours d'institutions privees africanines et malgaches 176 (Paris, 1966). 2/ E.J. Guillot comp., Code penal analytique pour la Communaute, le Cameroun et le Togo (Paris, 1959).THE CRIMINAL JUSTICE SYSTEM IN CONGO The Territory of Congo became a colony of France in 1886 and was then known as the French Congo or Middle Congo. In 1910 it was incorporated into the federation of French West Africa and gained the status of an autonomous state within the French Community in 1958. It achieved full independence on August 15, 1960, calling itself the Republic of Congo. Today the country calls itself the People's Republic of Congo and is generally known as Congo (Brazzaville). Criminal Law During the colonial period, the French Criminal Code, applicable in Senegal, was extended to the territory of the French Congo on September 28, 1897. 1/ As amended, the provisions of this code were still in force on the eve of independence in a republished version of 1959. 2/ In accordance with accepted principles of international and express constitutional provisions, all legislation applicable in the Congo on the day of independence remained in force until repealed or replaced by later enactments. The code has not been replaced since, and the 1959 republished version of the criminal code continued to be applied after independence. Subsequent modifications of the Criminal Code of Congo, enacted after independence, were largely patterned after the French model and adapted to the national needs of the country. The process of "nationalization" by amendment, and mainly by enactment of additional legislation, began in 1960 and has con- ------- 1/ M. Alliot, Cours d'institutions privees africanines et malgaches 176 (Paris, 1966). 2/ E.J. Guillot comp., Code penal analytique pour la Communaute, le Cameroun et le Togo (Paris, 1959).THE CRIMINAL JUSTICE SYSTEM IN CONGO The Territory of Congo became a colony of France in 1886 and was then known as the French Congo or Middle Congo. In 1910 it was incorporated into the federation of French West Africa and gained the status of an autonomous state within the French Community in 1958. It achieved full independence on August 15, 1960, calling itself the Republic of Congo. Today the country calls itself the People's Republic of Congo and is generally known as Congo (Brazzaville). Criminal Law During the colonial period, the French Criminal Code, applicable in Senegal, was extended to the territory of the French Congo on September 28, 1897. 1/ As amended, the provisions of this code were still in force on the eve of independence in a republished version of 1959. 2/ In accordance with accepted principles of international and express constitutional provisions, all legislation applicable in the Congo on the day of independence remained in force until repealed or replaced by later enactments. The code has not been replaced since, and the 1959 republished version of the criminal code continued to be applied after independence. Subsequent modifications of the Criminal Code of Congo, enacted after independence, were largely patterned after the French model and adapted to the national needs of the country. The process of "nationalization" by amendment, and mainly by enactment of additional legislation, began in 1960 and has con- ------- 1/ M. Alliot, Cours d'institutions privees africanines et malgaches 176 (Paris, 1966). 2/ E.J. Guillot comp., Code penal analytique pour la Communaute, le Cameroun et le Togo (Paris, 1959).CONB-2. tinued since. In keeping with the tradition of the former metropolitan country, the criminal legislation of Congo is codified in the Criminal and the Criminal Procedure Codes of the country. Other penal provisions can be found in special laws covering one or more major subjects. As a rule all legislation must be published in the official gazette of the country in order to become applicable. The official gazette is therefore the source for all legislation adopted after independence. The Criminal Code applicable in Congo is structured into books, titles, chapters, and sections. It contains nearly 500 consecutively numbered articles. The first books deal with the general principles of criminal law law, such as criminal responsibility and liability, punishment, and the application of the general principles. Subsequent books are concerned with the definition of offenses and their penalties. The amendments refer to the complete or partial text of the articles which are amended. Frequently new criminal laws tacitly imply, through interpretation, the repeal or replacement of provisions contained in the Criminal Code. In some instances a general clause declares that all provisions contrary to the text of the new law are considered as having been repealed. Offenses contained in the Criminal Code of Congo are classified as: 1) major crimes (roughly equivalent to felonies); 2) minor crimes (misdemeanors); and 3) simple police violations. This classical division, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. The division of offenses strictly corresponds to the jurisdictions of the trial courts. Offenses requiring an afflictive or infamous penalty are considered major crimes (felonies) and in general are punishable by death or impris-CONB-2. tinued since. In keeping with the tradition of the former metropolitan country, the criminal legislation of Congo is codified in the Criminal and the Criminal Procedure Codes of the country. Other penal provisions can be found in special laws covering one or more major subjects. As a rule all legislation must be published in the official gazette of the country in order to become applicable. The official gazette is therefore the source for all legislation adopted after independence. The Criminal Code applicable in Congo is structured into books, titles, chapters, and sections. It contains nearly 500 consecutively numbered articles. The first books deal with the general principles of criminal law law, such as criminal responsibility and liability, punishment, and the application of the general principles. Subsequent books are concerned with the definition of offenses and their penalties. The amendments refer to the complete or partial text of the articles which are amended. Frequently new criminal laws tacitly imply, through interpretation, the repeal or replacement of provisions contained in the Criminal Code. In some instances a general clause declares that all provisions contrary to the text of the new law are considered as having been repealed. Offenses contained in the Criminal Code of Congo are classified as: 1) major crimes (roughly equivalent to felonies); 2) minor crimes (misdemeanors); and 3) simple police violations. This classical division, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. The division of offenses strictly corresponds to the jurisdictions of the trial courts. Offenses requiring an afflictive or infamous penalty are considered major crimes (felonies) and in general are punishable by death or impris-CONB-2. tinued since. In keeping with the tradition of the former metropolitan country, the criminal legislation of Congo is codified in the Criminal and the Criminal Procedure Codes of the country. Other penal provisions can be found in special laws covering one or more major subjects. As a rule all legislation must be published in the official gazette of the country in order to become applicable. The official gazette is therefore the source for all legislation adopted after independence. The Criminal Code applicable in Congo is structured into books, titles, chapters, and sections. It contains nearly 500 consecutively numbered articles. The first books deal with the general principles of criminal law law, such as criminal responsibility and liability, punishment, and the application of the general principles. Subsequent books are concerned with the definition of offenses and their penalties. The amendments refer to the complete or partial text of the articles which are amended. Frequently new criminal laws tacitly imply, through interpretation, the repeal or replacement of provisions contained in the Criminal Code. In some instances a general clause declares that all provisions contrary to the text of the new law are considered as having been repealed. Offenses contained in the Criminal Code of Congo are classified as: 1) major crimes (roughly equivalent to felonies); 2) minor crimes (misdemeanors); and 3) simple police violations. This classical division, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. The division of offenses strictly corresponds to the jurisdictions of the trial courts. Offenses requiring an afflictive or infamous penalty are considered major crimes (felonies) and in general are punishable by death or impris-CONB-2. tinued since. In keeping with the tradition of the former metropolitan country, the criminal legislation of Congo is codified in the Criminal and the Criminal Procedure Codes of the country. Other penal provisions can be found in special laws covering one or more major subjects. As a rule all legislation must be published in the official gazette of the country in order to become applicable. The official gazette is therefore the source for all legislation adopted after independence. The Criminal Code applicable in Congo is structured into books, titles, chapters, and sections. It contains nearly 500 consecutively numbered articles. The first books deal with the general principles of criminal law law, such as criminal responsibility and liability, punishment, and the application of the general principles. Subsequent books are concerned with the definition of offenses and their penalties. The amendments refer to the complete or partial text of the articles which are amended. Frequently new criminal laws tacitly imply, through interpretation, the repeal or replacement of provisions contained in the Criminal Code. In some instances a general clause declares that all provisions contrary to the text of the new law are considered as having been repealed. Offenses contained in the Criminal Code of Congo are classified as: 1) major crimes (roughly equivalent to felonies); 2) minor crimes (misdemeanors); and 3) simple police violations. This classical division, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. The division of offenses strictly corresponds to the jurisdictions of the trial courts. Offenses requiring an afflictive or infamous penalty are considered major crimes (felonies) and in general are punishable by death or impris-CONB-2. tinued since. In keeping with the tradition of the former metropolitan country, the criminal legislation of Congo is codified in the Criminal and the Criminal Procedure Codes of the country. Other penal provisions can be found in special laws covering one or more major subjects. As a rule all legislation must be published in the official gazette of the country in order to become applicable. The official gazette is therefore the source for all legislation adopted after independence. The Criminal Code applicable in Congo is structured into books, titles, chapters, and sections. It contains nearly 500 consecutively numbered articles. The first books deal with the general principles of criminal law law, such as criminal responsibility and liability, punishment, and the application of the general principles. Subsequent books are concerned with the definition of offenses and their penalties. The amendments refer to the complete or partial text of the articles which are amended. Frequently new criminal laws tacitly imply, through interpretation, the repeal or replacement of provisions contained in the Criminal Code. In some instances a general clause declares that all provisions contrary to the text of the new law are considered as having been repealed. Offenses contained in the Criminal Code of Congo are classified as: 1) major crimes (roughly equivalent to felonies); 2) minor crimes (misdemeanors); and 3) simple police violations. This classical division, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. The division of offenses strictly corresponds to the jurisdictions of the trial courts. Offenses requiring an afflictive or infamous penalty are considered major crimes (felonies) and in general are punishable by death or impris-CONB-3. onment for not less than five years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to five years, and a designated fine. Simple violations are subject to a police penalty of imprisonment up to ten days and a designated fine. Mitigating circumstances decreasing the penalty do not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided for by law. The Criminal Code of Congo distinguishes between ordinary, military, and political offenses in accordance with their nature. The penalties are classified into three categories: principal, accessory, and supplementary. Principal penalties ensure the repression of the offenses. Accessory penalties, such as the loss of civil rights, are the necessary consequence of a principal penalty applied to major crimes, and automatically follow the principal penalty. Supplementary penalties, such as local banishment, are discretionally added to the principal penalty. Penalties for major crimes include afflictive and infamous, only infamous, and other types. The afflictive and infamous penalties are data, reclusion or life or for a term, and imprisonment for life or for a term. Infamous penalties include local banishment, and the loss of civil rights: e.g., prohibition from public employment, deprivation of the right to vote, disqualification from serving as a juror or as a member of a family council, or carrying arms. The general confiscation of the convicted person's entire property is also imposed for crimes against the security of the Stat. Minor crimes are punished by correctional penalties. These are imprisonment for a term, a fine, and the loss of certain civic, civil, or family rights for a limited time. Other correctional penalties consist of local ban-CONB-3. onment for not less than five years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to five years, and a designated fine. Simple violations are subject to a police penalty of imprisonment up to ten days and a designated fine. Mitigating circumstances decreasing the penalty do not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided for by law. The Criminal Code of Congo distinguishes between ordinary, military, and political offenses in accordance with their nature. The penalties are classified into three categories: principal, accessory, and supplementary. Principal penalties ensure the repression of the offenses. Accessory penalties, such as the loss of civil rights, are the necessary consequence of a principal penalty applied to major crimes, and automatically follow the principal penalty. Supplementary penalties, such as local banishment, are discretionally added to the principal penalty. Penalties for major crimes include afflictive and infamous, only infamous, and other types. The afflictive and infamous penalties are data, reclusion or life or for a term, and imprisonment for life or for a term. Infamous penalties include local banishment, and the loss of civil rights: e.g., prohibition from public employment, deprivation of the right to vote, disqualification from serving as a juror or as a member of a family council, or carrying arms. The general confiscation of the convicted person's entire property is also imposed for crimes against the security of the Stat. Minor crimes are punished by correctional penalties. These are imprisonment for a term, a fine, and the loss of certain civic, civil, or family rights for a limited time. Other correctional penalties consist of local ban-CONB-3. onment for not less than five years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to five years, and a designated fine. Simple violations are subject to a police penalty of imprisonment up to ten days and a designated fine. Mitigating circumstances decreasing the penalty do not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided for by law. The Criminal Code of Congo distinguishes between ordinary, military, and political offenses in accordance with their nature. The penalties are classified into three categories: principal, accessory, and supplementary. Principal penalties ensure the repression of the offenses. Accessory penalties, such as the loss of civil rights, are the necessary consequence of a principal penalty applied to major crimes, and automatically follow the principal penalty. Supplementary penalties, such as local banishment, are discretionally added to the principal penalty. Penalties for major crimes include afflictive and infamous, only infamous, and other types. The afflictive and infamous penalties are data, reclusion or life or for a term, and imprisonment for life or for a term. Infamous penalties include local banishment, and the loss of civil rights: e.g., prohibition from public employment, deprivation of the right to vote, disqualification from serving as a juror or as a member of a family council, or carrying arms. The general confiscation of the convicted person's entire property is also imposed for crimes against the security of the Stat. Minor crimes are punished by correctional penalties. These are imprisonment for a term, a fine, and the loss of certain civic, civil, or family rights for a limited time. Other correctional penalties consist of local ban-CONB-3. onment for not less than five years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to five years, and a designated fine. Simple violations are subject to a police penalty of imprisonment up to ten days and a designated fine. Mitigating circumstances decreasing the penalty do not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided for by law. The Criminal Code of Congo distinguishes between ordinary, military, and political offenses in accordance with their nature. The penalties are classified into three categories: principal, accessory, and supplementary. Principal penalties ensure the repression of the offenses. Accessory penalties, such as the loss of civil rights, are the necessary consequence of a principal penalty applied to major crimes, and automatically follow the principal penalty. Supplementary penalties, such as local banishment, are discretionally added to the principal penalty. Penalties for major crimes include afflictive and infamous, only infamous, and other types. The afflictive and infamous penalties are data, reclusion or life or for a term, and imprisonment for life or for a term. Infamous penalties include local banishment, and the loss of civil rights: e.g., prohibition from public employment, deprivation of the right to vote, disqualification from serving as a juror or as a member of a family council, or carrying arms. The general confiscation of the convicted person's entire property is also imposed for crimes against the security of the Stat. Minor crimes are punished by correctional penalties. These are imprisonment for a term, a fine, and the loss of certain civic, civil, or family rights for a limited time. Other correctional penalties consist of local ban-CONB-3. onment for not less than five years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to five years, and a designated fine. Simple violations are subject to a police penalty of imprisonment up to ten days and a designated fine. Mitigating circumstances decreasing the penalty do not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided for by law. The Criminal Code of Congo distinguishes between ordinary, military, and political offenses in accordance with their nature. The penalties are classified into three categories: principal, accessory, and supplementary. Principal penalties ensure the repression of the offenses. Accessory penalties, such as the loss of civil rights, are the necessary consequence of a principal penalty applied to major crimes, and automatically follow the principal penalty. Supplementary penalties, such as local banishment, are discretionally added to the principal penalty. Penalties for major crimes include afflictive and infamous, only infamous, and other types. The afflictive and infamous penalties are data, reclusion or life or for a term, and imprisonment for life or for a term. Infamous penalties include local banishment, and the loss of civil rights: e.g., prohibition from public employment, deprivation of the right to vote, disqualification from serving as a juror or as a member of a family council, or carrying arms. The general confiscation of the convicted person's entire property is also imposed for crimes against the security of the Stat. Minor crimes are punished by correctional penalties. These are imprisonment for a term, a fine, and the loss of certain civic, civil, or family rights for a limited time. Other correctional penalties consist of local ban-CONB-4 ishment or the confiscation of certain property, and the closing of certain establishments. Finally, penalties for simple police violations are imprisonment for a term, a fine, and special confiscation of certain objects belonging to the accused. The classical principles of nullum crimen sine lege and nulla poena sine lege, meaning that both the offense and the punishment must be defined by law, are incorporated into the Criminal Code. Consequently, no offense may be subject to punishment if not defined before the act was committed. The 1959 version of the Criminal Code of Congo contained thirteen types of penalties including nine major penalties and four penalties for simple violations. The application of attenuating circumstances is left to the discretion of the judge and results in a reduction of the penalty. Aggravating circumstances may increase the punishment. The right to initiate a criminal or joint civil action expires in ten years for major crimes, in three years for minor crimes, and in one year for violations. After 1960 the new criminal legislation could not ignore the society for which it was adopted. A new order had to be created and the new State had to be defended. As a result, the newly enacted provisions were more concerned with the policy of the new development than with safeguarding the acquired rights of the individual. Therefore, orientation was directed toward the new society, the building up of the new State, and its economic and social development. The amendments to the Criminal Code of Congo adopted after 1960 concerned propaganda, rioting, and other subversive actions directed against the security of the State. They introduced new offenses, established exceptional criminal courts, and applied administrative detention by the executive branchCONB-4 ishment or the confiscation of certain property, and the closing of certain establishments. Finally, penalties for simple police violations are imprisonment for a term, a fine, and special confiscation of certain objects belonging to the accused. The classical principles of nullum crimen sine lege and nulla poena sine lege, meaning that both the offense and the punishment must be defined by law, are incorporated into the Criminal Code. Consequently, no offense may be subject to punishment if not defined before the act was committed. The 1959 version of the Criminal Code of Congo contained thirteen types of penalties including nine major penalties and four penalties for simple violations. The application of attenuating circumstances is left to the discretion of the judge and results in a reduction of the penalty. Aggravating circumstances may increase the punishment. The right to initiate a criminal or joint civil action expires in ten years for major crimes, in three years for minor crimes, and in one year for violations. After 1960 the new criminal legislation could not ignore the society for which it was adopted. A new order had to be created and the new State had to be defended. As a result, the newly enacted provisions were more concerned with the policy of the new development than with safeguarding the acquired rights of the individual. Therefore, orientation was directed toward the new society, the building up of the new State, and its economic and social development. The amendments to the Criminal Code of Congo adopted after 1960 concerned propaganda, rioting, and other subversive actions directed against the security of the State. They introduced new offenses, established exceptional criminal courts, and applied administrative detention by the executive branchCONB-4 ishment or the confiscation of certain property, and the closing of certain establishments. Finally, penalties for simple police violations are imprisonment for a term, a fine, and special confiscation of certain objects belonging to the accused. The classical principles of nullum crimen sine lege and nulla poena sine lege, meaning that both the offense and the punishment must be defined by law, are incorporated into the Criminal Code. Consequently, no offense may be subject to punishment if not defined before the act was committed. The 1959 version of the Criminal Code of Congo contained thirteen types of penalties including nine major penalties and four penalties for simple violations. The application of attenuating circumstances is left to the discretion of the judge and results in a reduction of the penalty. Aggravating circumstances may increase the punishment. The right to initiate a criminal or joint civil action expires in ten years for major crimes, in three years for minor crimes, and in one year for violations. After 1960 the new criminal legislation could not ignore the society for which it was adopted. A new order had to be created and the new State had to be defended. As a result, the newly enacted provisions were more concerned with the policy of the new development than with safeguarding the acquired rights of the individual. Therefore, orientation was directed toward the new society, the building up of the new State, and its economic and social development. The amendments to the Criminal Code of Congo adopted after 1960 concerned propaganda, rioting, and other subversive actions directed against the security of the State. They introduced new offenses, established exceptional criminal courts, and applied administrative detention by the executive branchCONB-4 ishment or the confiscation of certain property, and the closing of certain establishments. Finally, penalties for simple police violations are imprisonment for a term, a fine, and special confiscation of certain objects belonging to the accused. The classical principles of nullum crimen sine lege and nulla poena sine lege, meaning that both the offense and the punishment must be defined by law, are incorporated into the Criminal Code. Consequently, no offense may be subject to punishment if not defined before the act was committed. The 1959 version of the Criminal Code of Congo contained thirteen types of penalties including nine major penalties and four penalties for simple violations. The application of attenuating circumstances is left to the discretion of the judge and results in a reduction of the penalty. Aggravating circumstances may increase the punishment. The right to initiate a criminal or joint civil action expires in ten years for major crimes, in three years for minor crimes, and in one year for violations. After 1960 the new criminal legislation could not ignore the society for which it was adopted. A new order had to be created and the new State had to be defended. As a result, the newly enacted provisions were more concerned with the policy of the new development than with safeguarding the acquired rights of the individual. Therefore, orientation was directed toward the new society, the building up of the new State, and its economic and social development. The amendments to the Criminal Code of Congo adopted after 1960 concerned propaganda, rioting, and other subversive actions directed against the security of the State. They introduced new offenses, established exceptional criminal courts, and applied administrative detention by the executive branchCONB-4 ishment or the confiscation of certain property, and the closing of certain establishments. Finally, penalties for simple police violations are imprisonment for a term, a fine, and special confiscation of certain objects belonging to the accused. The classical principles of nullum crimen sine lege and nulla poena sine lege, meaning that both the offense and the punishment must be defined by law, are incorporated into the Criminal Code. Consequently, no offense may be subject to punishment if not defined before the act was committed. The 1959 version of the Criminal Code of Congo contained thirteen types of penalties including nine major penalties and four penalties for simple violations. The application of attenuating circumstances is left to the discretion of the judge and results in a reduction of the penalty. Aggravating circumstances may increase the punishment. The right to initiate a criminal or joint civil action expires in ten years for major crimes, in three years for minor crimes, and in one year for violations. After 1960 the new criminal legislation could not ignore the society for which it was adopted. A new order had to be created and the new State had to be defended. As a result, the newly enacted provisions were more concerned with the policy of the new development than with safeguarding the acquired rights of the individual. Therefore, orientation was directed toward the new society, the building up of the new State, and its economic and social development. The amendments to the Criminal Code of Congo adopted after 1960 concerned propaganda, rioting, and other subversive actions directed against the security of the State. They introduced new offenses, established exceptional criminal courts, and applied administrative detention by the executive branchCONB-5 of the government, disregarding the principle of separation of State powers. For example, Law No. 19-60 of May 10, 1960, 3/ prohibits unapproved associations and organizations. Law No. 20-60 of May 10, 1960, 4/ deals with subversive propaganda against the national unity of the State. Law No. 21-60 of May 11, 1960, 5/ institutes administrative detention to be imposed upon persons considered dangerous to public security and credit, and to the building up of the State. Administrative internment may be decreed by the Council of Ministers, without regard to any judicial procedure, and may be extended for an unlimited period. Law No. 5-63 of January 13, 1963, 6/ amends the Criminal Code by introducing the death penalty for looting and destruction of property, such as bridges, dikes, highways, buildings, and other installations. Since these offenses are considered crimes against the security of the State, the Criminal Procedure Code gave jurisdiction to try such cases to a special criminal court. Law No. 3-64 of June 15, 1964, 7/ permits the seizure of property belonging to persons punished by administrative detention. Ordinance No. 64-17 of May 4, 1964, 8/ concerns the diffusion and propagation of false news which disturbs the public peace and morale of the nation. And finally, Law No. 29-64 of September 9, 1964, 9/ forbids par- 3/ Recueil des lois, l-ere session ordinaire 1960 at 1-5(Brazzaville, 1960). 4/ Id. at 5-8. 5/ Id. at 9-10. 6/ Journal Official de la Republique du Congo[*[CONB OG: Official Gazette of the Republic of Congo]*], No. 4(Special) of January 31, 1963, at 185. 7/ CONB OG, No. 12 of June 15, 1964, at 455-456. 8/ CONB OG, No. 10 of May 15, 1964, at 389. 9/ CONB OG, No. 19 of September 15, 1964, at 753-756.CONB-5 of the government, disregarding the principle of separation of State powers. For example, Law No. 19-60 of May 10, 1960, 3/ prohibits unapproved associations and organizations. Law No. 20-60 of May 10, 1960, 4/ deals with subversive propaganda against the national unity of the State. Law No. 21-60 of May 11, 1960, 5/ institutes administrative detention to be imposed upon persons considered dangerous to public security and credit, and to the building up of the State. Administrative internment may be decreed by the Council of Ministers, without regard to any judicial procedure, and may be extended for an unlimited period. Law No. 5-63 of January 13, 1963, 6/ amends the Criminal Code by introducing the death penalty for looting and destruction of property, such as bridges, dikes, highways, buildings, and other installations. Since these offenses are considered crimes against the security of the State, the Criminal Procedure Code gave jurisdiction to try such cases to a special criminal court. Law No. 3-64 of June 15, 1964, 7/ permits the seizure of property belonging to persons punished by administrative detention. Ordinance No. 64-17 of May 4, 1964, 8/ concerns the diffusion and propagation of false news which disturbs the public peace and morale of the nation. And finally, Law No. 29-64 of September 9, 1964, 9/ forbids par- 3/ Recueil des lois, l-ere session ordinaire 1960 at 1-5(Brazzaville, 1960). 4/ Id. at 5-8. 5/ Id. at 9-10. 6/ Journal Official de la Republique du Congo[*[CONB OG: Official Gazette of the Republic of Congo]*], No. 4(Special) of January 31, 1963, at 185. 7/ CONB OG, No. 12 of June 15, 1964, at 455-456. 8/ CONB OG, No. 10 of May 15, 1964, at 389. 9/ CONB OG, No. 19 of September 15, 1964, at 753-756.CONB-5 of the government, disregarding the principle of separation of State powers. For example, Law No. 19-60 of May 10, 1960, 3/ prohibits unapproved associations and organizations. Law No. 20-60 of May 10, 1960, 4/ deals with subversive propaganda against the national unity of the State. Law No. 21-60 of May 11, 1960, 5/ institutes administrative detention to be imposed upon persons considered dangerous to public security and credit, and to the building up of the State. Administrative internment may be decreed by the Council of Ministers, without regard to any judicial procedure, and may be extended for an unlimited period. Law No. 5-63 of January 13, 1963, 6/ amends the Criminal Code by introducing the death penalty for looting and destruction of property, such as bridges, dikes, highways, buildings, and other installations. Since these offenses are considered crimes against the security of the State, the Criminal Procedure Code gave jurisdiction to try such cases to a special criminal court. Law No. 3-64 of June 15, 1964, 7/ permits the seizure of property belonging to persons punished by administrative detention. Ordinance No. 64-17 of May 4, 1964, 8/ concerns the diffusion and propagation of false news which disturbs the public peace and morale of the nation. And finally, Law No. 29-64 of September 9, 1964, 9/ forbids par- 3/ Recueil des lois, l-ere session ordinaire 1960 at 1-5(Brazzaville, 1960). 4/ Id. at 5-8. 5/ Id. at 9-10. 6/ Journal Official de la Republique du Congo[*[CONB OG: Official Gazette of the Republic of Congo]*], No. 4(Special) of January 31, 1963, at 185. 7/ CONB OG, No. 12 of June 15, 1964, at 455-456. 8/ CONB OG, No. 10 of May 15, 1964, at 389. 9/ CONB OG, No. 19 of September 15, 1964, at 753-756.CONB-5 of the government, disregarding the principle of separation of State powers. For example, Law No. 19-60 of May 10, 1960, 3/ prohibits unapproved associations and organizations. Law No. 20-60 of May 10, 1960, 4/ deals with subversive propaganda against the national unity of the State. Law No. 21-60 of May 11, 1960, 5/ institutes administrative detention to be imposed upon persons considered dangerous to public security and credit, and to the building up of the State. Administrative internment may be decreed by the Council of Ministers, without regard to any judicial procedure, and may be extended for an unlimited period. Law No. 5-63 of January 13, 1963, 6/ amends the Criminal Code by introducing the death penalty for looting and destruction of property, such as bridges, dikes, highways, buildings, and other installations. Since these offenses are considered crimes against the security of the State, the Criminal Procedure Code gave jurisdiction to try such cases to a special criminal court. Law No. 3-64 of June 15, 1964, 7/ permits the seizure of property belonging to persons punished by administrative detention. Ordinance No. 64-17 of May 4, 1964, 8/ concerns the diffusion and propagation of false news which disturbs the public peace and morale of the nation. And finally, Law No. 29-64 of September 9, 1964, 9/ forbids par- 3/ Recueil des lois, l-ere session ordinaire 1960 at 1-5(Brazzaville, 1960). 4/ Id. at 5-8. 5/ Id. at 9-10. 6/ Journal Official de la Republique du Congo[*[CONB OG: Official Gazette of the Republic of Congo]*], No. 4(Special) of January 31, 1963, at 185. 7/ CONB OG, No. 12 of June 15, 1964, at 455-456. 8/ CONB OG, No. 10 of May 15, 1964, at 389. 9/ CONB OG, No. 19 of September 15, 1964, at 753-756.CONB-5 of the government, disregarding the principle of separation of State powers. For example, Law No. 19-60 of May 10, 1960, 3/ prohibits unapproved associations and organizations. Law No. 20-60 of May 10, 1960, 4/ deals with subversive propaganda against the national unity of the State. Law No. 21-60 of May 11, 1960, 5/ institutes administrative detention to be imposed upon persons considered dangerous to public security and credit, and to the building up of the State. Administrative internment may be decreed by the Council of Ministers, without regard to any judicial procedure, and may be extended for an unlimited period. Law No. 5-63 of January 13, 1963, 6/ amends the Criminal Code by introducing the death penalty for looting and destruction of property, such as bridges, dikes, highways, buildings, and other installations. Since these offenses are considered crimes against the security of the State, the Criminal Procedure Code gave jurisdiction to try such cases to a special criminal court. Law No. 3-64 of June 15, 1964, 7/ permits the seizure of property belonging to persons punished by administrative detention. Ordinance No. 64-17 of May 4, 1964, 8/ concerns the diffusion and propagation of false news which disturbs the public peace and morale of the nation. And finally, Law No. 29-64 of September 9, 1964, 9/ forbids par- 3/ Recueil des lois, l-ere session ordinaire 1960 at 1-5(Brazzaville, 1960). 4/ Id. at 5-8. 5/ Id. at 9-10. 6/ Journal Official de la Republique du Congo[*[CONB OG: Official Gazette of the Republic of Congo]*], No. 4(Special) of January 31, 1963, at 185. 7/ CONB OG, No. 12 of June 15, 1964, at 455-456. 8/ CONB OG, No. 10 of May 15, 1964, at 389. 9/ CONB OG, No. 19 of September 15, 1964, at 753-756.CONB-6 ticipation in the activities of unapproved groups and sects whose agitations could damage the security of the State. Offenders who disturb the internal peace and order, who disobey the laws and orders of the government, and who plan disorder or rebellion against the State are punished by death, hard labor for life, or a term. Criminal Procedure The trend of "nationalizing" pre-independence legislation is much more apparent in the field of criminal procedure than of criminal law. The new Criminal Procedure Code of Congo was adopted by Law No. 1-63 of January 13, 1963. 10/ The new version of the Criminal Procedure Code, like the Criminal Code, is divided into books, titles, chapters, sections, and 766 articles. This elaborate and lengthy law represents a restructured and simplified version of the former French Criminal Trial Procedure Code which it replaced. The new Criminal Procedure Code contains provisions on criminal action, joint civil action for damages, judicial police, investigation and prosecution, arraignment and judicial inquiries, jurisdiction of the courts in criminal matters, and the respective procedures and recourses. It also includes provisions concerning juvenile delinquency procedure for offenders under the age of eighteen. The criminal justice system of Congo has certain institutions which are not identical with those found in the common law system. Examples of such institutions are discussed below: The Examining Magistrate is a judge of a court appointed by decree 10/ CONB OG, No. 3(Special) of January 31, 1963, at 111-178.CONB-6 ticipation in the activities of unapproved groups and sects whose agitations could damage the security of the State. Offenders who disturb the internal peace and order, who disobey the laws and orders of the government, and who plan disorder or rebellion against the State are punished by death, hard labor for life, or a term. Criminal Procedure The trend of "nationalizing" pre-independence legislation is much more apparent in the field of criminal procedure than of criminal law. The new Criminal Procedure Code of Congo was adopted by Law No. 1-63 of January 13, 1963. 10/ The new version of the Criminal Procedure Code, like the Criminal Code, is divided into books, titles, chapters, sections, and 766 articles. This elaborate and lengthy law represents a restructured and simplified version of the former French Criminal Trial Procedure Code which it replaced. The new Criminal Procedure Code contains provisions on criminal action, joint civil action for damages, judicial police, investigation and prosecution, arraignment and judicial inquiries, jurisdiction of the courts in criminal matters, and the respective procedures and recourses. It also includes provisions concerning juvenile delinquency procedure for offenders under the age of eighteen. The criminal justice system of Congo has certain institutions which are not identical with those found in the common law system. Examples of such institutions are discussed below: The Examining Magistrate is a judge of a court appointed by decree 10/ CONB OG, No. 3(Special) of January 31, 1963, at 111-178.CONB-6 ticipation in the activities of unapproved groups and sects whose agitations could damage the security of the State. Offenders who disturb the internal peace and order, who disobey the laws and orders of the government, and who plan disorder or rebellion against the State are punished by death, hard labor for life, or a term. Criminal Procedure The trend of "nationalizing" pre-independence legislation is much more apparent in the field of criminal procedure than of criminal law. The new Criminal Procedure Code of Congo was adopted by Law No. 1-63 of January 13, 1963. 10/ The new version of the Criminal Procedure Code, like the Criminal Code, is divided into books, titles, chapters, sections, and 766 articles. This elaborate and lengthy law represents a restructured and simplified version of the former French Criminal Trial Procedure Code which it replaced. The new Criminal Procedure Code contains provisions on criminal action, joint civil action for damages, judicial police, investigation and prosecution, arraignment and judicial inquiries, jurisdiction of the courts in criminal matters, and the respective procedures and recourses. It also includes provisions concerning juvenile delinquency procedure for offenders under the age of eighteen. The criminal justice system of Congo has certain institutions which are not identical with those found in the common law system. Examples of such institutions are discussed below: The Examining Magistrate is a judge of a court appointed by decree 10/ CONB OG, No. 3(Special) of January 31, 1963, at 111-178.CONB-6 ticipation in the activities of unapproved groups and sects whose agitations could damage the security of the State. Offenders who disturb the internal peace and order, who disobey the laws and orders of the government, and who plan disorder or rebellion against the State are punished by death, hard labor for life, or a term. Criminal Procedure The trend of "nationalizing" pre-independence legislation is much more apparent in the field of criminal procedure than of criminal law. The new Criminal Procedure Code of Congo was adopted by Law No. 1-63 of January 13, 1963. 10/ The new version of the Criminal Procedure Code, like the Criminal Code, is divided into books, titles, chapters, sections, and 766 articles. This elaborate and lengthy law represents a restructured and simplified version of the former French Criminal Trial Procedure Code which it replaced. The new Criminal Procedure Code contains provisions on criminal action, joint civil action for damages, judicial police, investigation and prosecution, arraignment and judicial inquiries, jurisdiction of the courts in criminal matters, and the respective procedures and recourses. It also includes provisions concerning juvenile delinquency procedure for offenders under the age of eighteen. The criminal justice system of Congo has certain institutions which are not identical with those found in the common law system. Examples of such institutions are discussed below: The Examining Magistrate is a judge of a court appointed by decree 10/ CONB OG, No. 3(Special) of January 31, 1963, at 111-178.CONB-6 ticipation in the activities of unapproved groups and sects whose agitations could damage the security of the State. Offenders who disturb the internal peace and order, who disobey the laws and orders of the government, and who plan disorder or rebellion against the State are punished by death, hard labor for life, or a term. Criminal Procedure The trend of "nationalizing" pre-independence legislation is much more apparent in the field of criminal procedure than of criminal law. The new Criminal Procedure Code of Congo was adopted by Law No. 1-63 of January 13, 1963. 10/ The new version of the Criminal Procedure Code, like the Criminal Code, is divided into books, titles, chapters, sections, and 766 articles. This elaborate and lengthy law represents a restructured and simplified version of the former French Criminal Trial Procedure Code which it replaced. The new Criminal Procedure Code contains provisions on criminal action, joint civil action for damages, judicial police, investigation and prosecution, arraignment and judicial inquiries, jurisdiction of the courts in criminal matters, and the respective procedures and recourses. It also includes provisions concerning juvenile delinquency procedure for offenders under the age of eighteen. The criminal justice system of Congo has certain institutions which are not identical with those found in the common law system. Examples of such institutions are discussed below: The Examining Magistrate is a judge of a court appointed by decree 10/ CONB OG, No. 3(Special) of January 31, 1963, at 111-178.CONB-7 for a period of several years and undertakes preliminary investigations of criminal offenses. He investigates pursuant to a request from the Prosecutor. The Prosecutor represents the Department of Criminal Prosecution attached to the courts. He is also a judge who is appointed by the Ministry of Justice to exercise prosecutorial functions in the courts for a certain period of time. The Judicial Police includes officers, police agents, and other officials. They identify violations of the criminal law, gather evidence, and search for offenders. They also receive complaints and accusations. They work under the direction of the Prosecutor and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeal and has jurisdiction to hear appeals from decisions of the Examining Magistrate and to investigate major crimes in order to determine whether the evidence justifies the referral of the accused to the Criminal Court for trial. Through an Order of Referral, the Chamber of Accusation refers a case involving a major crime to the Criminal Court, a minor crime to the Tribunal of Grand Instance, and a simple violation to the Tribunal of Instance for trial. The Civil Party, also called the Party Injured, is a special and unique institution of the criminal justice system of Congo by which a person may claim civil damages jointly with a criminal action. The Civil Party can initiate and participate in the criminal action beginning at the investigatory level. The Party Injured may also intervene in the stages of appeal. Pre-trial detention is a special measure taken at the investigatory stage provided that there are serious reasons for it. The length of detentionCONB-7 for a period of several years and undertakes preliminary investigations of criminal offenses. He investigates pursuant to a request from the Prosecutor. The Prosecutor represents the Department of Criminal Prosecution attached to the courts. He is also a judge who is appointed by the Ministry of Justice to exercise prosecutorial functions in the courts for a certain period of time. The Judicial Police includes officers, police agents, and other officials. They identify violations of the criminal law, gather evidence, and search for offenders. They also receive complaints and accusations. They work under the direction of the Prosecutor and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeal and has jurisdiction to hear appeals from decisions of the Examining Magistrate and to investigate major crimes in order to determine whether the evidence justifies the referral of the accused to the Criminal Court for trial. Through an Order of Referral, the Chamber of Accusation refers a case involving a major crime to the Criminal Court, a minor crime to the Tribunal of Grand Instance, and a simple violation to the Tribunal of Instance for trial. The Civil Party, also called the Party Injured, is a special and unique institution of the criminal justice system of Congo by which a person may claim civil damages jointly with a criminal action. The Civil Party can initiate and participate in the criminal action beginning at the investigatory level. The Party Injured may also intervene in the stages of appeal. Pre-trial detention is a special measure taken at the investigatory stage provided that there are serious reasons for it. The length of detentionCONB-7 for a period of several years and undertakes preliminary investigations of criminal offenses. He investigates pursuant to a request from the Prosecutor. The Prosecutor represents the Department of Criminal Prosecution attached to the courts. He is also a judge who is appointed by the Ministry of Justice to exercise prosecutorial functions in the courts for a certain period of time. The Judicial Police includes officers, police agents, and other officials. They identify violations of the criminal law, gather evidence, and search for offenders. They also receive complaints and accusations. They work under the direction of the Prosecutor and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeal and has jurisdiction to hear appeals from decisions of the Examining Magistrate and to investigate major crimes in order to determine whether the evidence justifies the referral of the accused to the Criminal Court for trial. Through an Order of Referral, the Chamber of Accusation refers a case involving a major crime to the Criminal Court, a minor crime to the Tribunal of Grand Instance, and a simple violation to the Tribunal of Instance for trial. The Civil Party, also called the Party Injured, is a special and unique institution of the criminal justice system of Congo by which a person may claim civil damages jointly with a criminal action. The Civil Party can initiate and participate in the criminal action beginning at the investigatory level. The Party Injured may also intervene in the stages of appeal. Pre-trial detention is a special measure taken at the investigatory stage provided that there are serious reasons for it. The length of detentionCONB-7 for a period of several years and undertakes preliminary investigations of criminal offenses. He investigates pursuant to a request from the Prosecutor. The Prosecutor represents the Department of Criminal Prosecution attached to the courts. He is also a judge who is appointed by the Ministry of Justice to exercise prosecutorial functions in the courts for a certain period of time. The Judicial Police includes officers, police agents, and other officials. They identify violations of the criminal law, gather evidence, and search for offenders. They also receive complaints and accusations. They work under the direction of the Prosecutor and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeal and has jurisdiction to hear appeals from decisions of the Examining Magistrate and to investigate major crimes in order to determine whether the evidence justifies the referral of the accused to the Criminal Court for trial. Through an Order of Referral, the Chamber of Accusation refers a case involving a major crime to the Criminal Court, a minor crime to the Tribunal of Grand Instance, and a simple violation to the Tribunal of Instance for trial. The Civil Party, also called the Party Injured, is a special and unique institution of the criminal justice system of Congo by which a person may claim civil damages jointly with a criminal action. The Civil Party can initiate and participate in the criminal action beginning at the investigatory level. The Party Injured may also intervene in the stages of appeal. Pre-trial detention is a special measure taken at the investigatory stage provided that there are serious reasons for it. The length of detentionCONB-7 for a period of several years and undertakes preliminary investigations of criminal offenses. He investigates pursuant to a request from the Prosecutor. The Prosecutor represents the Department of Criminal Prosecution attached to the courts. He is also a judge who is appointed by the Ministry of Justice to exercise prosecutorial functions in the courts for a certain period of time. The Judicial Police includes officers, police agents, and other officials. They identify violations of the criminal law, gather evidence, and search for offenders. They also receive complaints and accusations. They work under the direction of the Prosecutor and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeal and has jurisdiction to hear appeals from decisions of the Examining Magistrate and to investigate major crimes in order to determine whether the evidence justifies the referral of the accused to the Criminal Court for trial. Through an Order of Referral, the Chamber of Accusation refers a case involving a major crime to the Criminal Court, a minor crime to the Tribunal of Grand Instance, and a simple violation to the Tribunal of Instance for trial. The Civil Party, also called the Party Injured, is a special and unique institution of the criminal justice system of Congo by which a person may claim civil damages jointly with a criminal action. The Civil Party can initiate and participate in the criminal action beginning at the investigatory level. The Party Injured may also intervene in the stages of appeal. Pre-trial detention is a special measure taken at the investigatory stage provided that there are serious reasons for it. The length of detentionCONB-8. varies according to the severity of the punishment incurred. It may be extended upon request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. Such a request may also be submitted by the Prosecutor to the Chamber of Accusation. The formalities to be followed by the Examining Magistrate for conducting and investigation are mandatory and failures in this regard nullify the proceedings. In their effort for simplification, the framers of the new Criminal Procedure Code of Congo introduced several innovations. Thus, the use of the procedure applicable to flagrant offenses has been enlarged and accelerated, and includes major offenses for the commission of which the accused can be referred to the Criminal Court without prior investigation by the Examining Magistrate or by the Chamber of Accusation. Under normal circumstances searches must be performed between 5:00 A.M. and 7:00 P.M. Preventive detention is limited to a period of four months and may be extended by the Examining Magistrate for another two months in exceptional cases. The separation of the public criminal action and the private civil action has been made less rigid and the Party Injured may claim damages even if the accused has been acquitted. Thereby the Civil Party is spared from initiating a new trial in a civil court. The composition of the Criminal Court has been changed by increasing the number of jurors from four to six. In spite of these procedural changes the legitimate rights of the defense have been safeguarded in the new Criminal Procedure Code of Congo. However, express provisions of the new procedural code permit major and minor crimes against the security of the State to be prosecuted, investigated, and tried by aCONB-8. varies according to the severity of the punishment incurred. It may be extended upon request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. Such a request may also be submitted by the Prosecutor to the Chamber of Accusation. The formalities to be followed by the Examining Magistrate for conducting and investigation are mandatory and failures in this regard nullify the proceedings. In their effort for simplification, the framers of the new Criminal Procedure Code of Congo introduced several innovations. Thus, the use of the procedure applicable to flagrant offenses has been enlarged and accelerated, and includes major offenses for the commission of which the accused can be referred to the Criminal Court without prior investigation by the Examining Magistrate or by the Chamber of Accusation. Under normal circumstances searches must be performed between 5:00 A.M. and 7:00 P.M. Preventive detention is limited to a period of four months and may be extended by the Examining Magistrate for another two months in exceptional cases. The separation of the public criminal action and the private civil action has been made less rigid and the Party Injured may claim damages even if the accused has been acquitted. Thereby the Civil Party is spared from initiating a new trial in a civil court. The composition of the Criminal Court has been changed by increasing the number of jurors from four to six. In spite of these procedural changes the legitimate rights of the defense have been safeguarded in the new Criminal Procedure Code of Congo. However, express provisions of the new procedural code permit major and minor crimes against the security of the State to be prosecuted, investigated, and tried by aCONB-8. varies according to the severity of the punishment incurred. It may be extended upon request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. Such a request may also be submitted by the Prosecutor to the Chamber of Accusation. The formalities to be followed by the Examining Magistrate for conducting and investigation are mandatory and failures in this regard nullify the proceedings. In their effort for simplification, the framers of the new Criminal Procedure Code of Congo introduced several innovations. Thus, the use of the procedure applicable to flagrant offenses has been enlarged and accelerated, and includes major offenses for the commission of which the accused can be referred to the Criminal Court without prior investigation by the Examining Magistrate or by the Chamber of Accusation. Under normal circumstances searches must be performed between 5:00 A.M. and 7:00 P.M. Preventive detention is limited to a period of four months and may be extended by the Examining Magistrate for another two months in exceptional cases. The separation of the public criminal action and the private civil action has been made less rigid and the Party Injured may claim damages even if the accused has been acquitted. Thereby the Civil Party is spared from initiating a new trial in a civil court. The composition of the Criminal Court has been changed by increasing the number of jurors from four to six. In spite of these procedural changes the legitimate rights of the defense have been safeguarded in the new Criminal Procedure Code of Congo. However, express provisions of the new procedural code permit major and minor crimes against the security of the State to be prosecuted, investigated, and tried by aCONB-8. varies according to the severity of the punishment incurred. It may be extended upon request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. Such a request may also be submitted by the Prosecutor to the Chamber of Accusation. The formalities to be followed by the Examining Magistrate for conducting and investigation are mandatory and failures in this regard nullify the proceedings. In their effort for simplification, the framers of the new Criminal Procedure Code of Congo introduced several innovations. Thus, the use of the procedure applicable to flagrant offenses has been enlarged and accelerated, and includes major offenses for the commission of which the accused can be referred to the Criminal Court without prior investigation by the Examining Magistrate or by the Chamber of Accusation. Under normal circumstances searches must be performed between 5:00 A.M. and 7:00 P.M. Preventive detention is limited to a period of four months and may be extended by the Examining Magistrate for another two months in exceptional cases. The separation of the public criminal action and the private civil action has been made less rigid and the Party Injured may claim damages even if the accused has been acquitted. Thereby the Civil Party is spared from initiating a new trial in a civil court. The composition of the Criminal Court has been changed by increasing the number of jurors from four to six. In spite of these procedural changes the legitimate rights of the defense have been safeguarded in the new Criminal Procedure Code of Congo. However, express provisions of the new procedural code permit major and minor crimes against the security of the State to be prosecuted, investigated, and tried by aCONB-8. varies according to the severity of the punishment incurred. It may be extended upon request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. Such a request may also be submitted by the Prosecutor to the Chamber of Accusation. The formalities to be followed by the Examining Magistrate for conducting and investigation are mandatory and failures in this regard nullify the proceedings. In their effort for simplification, the framers of the new Criminal Procedure Code of Congo introduced several innovations. Thus, the use of the procedure applicable to flagrant offenses has been enlarged and accelerated, and includes major offenses for the commission of which the accused can be referred to the Criminal Court without prior investigation by the Examining Magistrate or by the Chamber of Accusation. Under normal circumstances searches must be performed between 5:00 A.M. and 7:00 P.M. Preventive detention is limited to a period of four months and may be extended by the Examining Magistrate for another two months in exceptional cases. The separation of the public criminal action and the private civil action has been made less rigid and the Party Injured may claim damages even if the accused has been acquitted. Thereby the Civil Party is spared from initiating a new trial in a civil court. The composition of the Criminal Court has been changed by increasing the number of jurors from four to six. In spite of these procedural changes the legitimate rights of the defense have been safeguarded in the new Criminal Procedure Code of Congo. However, express provisions of the new procedural code permit major and minor crimes against the security of the State to be prosecuted, investigated, and tried by aCONB-9. special criminal court if a state of emergency is declared by a decree of the Council of Ministers. In such cases the rules of the Criminal Procedure Code remain applicable, with exceptions which will be described later in this study. Criminal Court System Ordinance No. 10-63 of November, 6, 1963, 11/ governs the organization and jurisdiction of the regular criminal courts. However, many procedural aspects are regulated by the Criminal Procedure Code instituted by Law No. 1-63 of January 13, 1963. 12/ The hierarchy of the jurisdictions is based on the classical principle of judgement, appeal, and review called cassation. At the lowest level rank the Tribunal of Instance and the Tribunal of Grand Instance with one or several sections. Then follows the Court of Appeal with the Chamber of Accusation and the Supreme Court, which is called the Court of Cassation. As indicated by their names, the latter two do not have original jurisdiction but only appeal and review functions. The first stage of a trial with original jurisdiction is reserved to the Tribunals of Instance and Grand Instance, and the Criminal Court. The Tribunal of Instance has limited criminal jurisdiction over simple police violations. Judgements rendered by a single judge can be taken to the Court of Appeal for review. The Tribunal of Grand Instance takes cognizance of minor crimes. 11/ CONB OG, No. 26 of November 15, 1963, at 929-931. 12/ Supra note 10.CONB-9. special criminal court if a state of emergency is declared by a decree of the Council of Ministers. In such cases the rules of the Criminal Procedure Code remain applicable, with exceptions which will be described later in this study. Criminal Court System Ordinance No. 10-63 of November, 6, 1963, 11/ governs the organization and jurisdiction of the regular criminal courts. However, many procedural aspects are regulated by the Criminal Procedure Code instituted by Law No. 1-63 of January 13, 1963. 12/ The hierarchy of the jurisdictions is based on the classical principle of judgement, appeal, and review called cassation. At the lowest level rank the Tribunal of Instance and the Tribunal of Grand Instance with one or several sections. Then follows the Court of Appeal with the Chamber of Accusation and the Supreme Court, which is called the Court of Cassation. As indicated by their names, the latter two do not have original jurisdiction but only appeal and review functions. The first stage of a trial with original jurisdiction is reserved to the Tribunals of Instance and Grand Instance, and the Criminal Court. The Tribunal of Instance has limited criminal jurisdiction over simple police violations. Judgements rendered by a single judge can be taken to the Court of Appeal for review. The Tribunal of Grand Instance takes cognizance of minor crimes. 11/ CONB OG, No. 26 of November 15, 1963, at 929-931. 12/ Supra note 10.CONB-9. special criminal court if a state of emergency is declared by a decree of the Council of Ministers. In such cases the rules of the Criminal Procedure Code remain applicable, with exceptions which will be described later in this study. Criminal Court System Ordinance No. 10-63 of November, 6, 1963, 11/ governs the organization and jurisdiction of the regular criminal courts. However, many procedural aspects are regulated by the Criminal Procedure Code instituted by Law No. 1-63 of January 13, 1963. 12/ The hierarchy of the jurisdictions is based on the classical principle of judgement, appeal, and review called cassation. At the lowest level rank the Tribunal of Instance and the Tribunal of Grand Instance with one or several sections. Then follows the Court of Appeal with the Chamber of Accusation and the Supreme Court, which is called the Court of Cassation. As indicated by their names, the latter two do not have original jurisdiction but only appeal and review functions. The first stage of a trial with original jurisdiction is reserved to the Tribunals of Instance and Grand Instance, and the Criminal Court. The Tribunal of Instance has limited criminal jurisdiction over simple police violations. Judgements rendered by a single judge can be taken to the Court of Appeal for review. The Tribunal of Grand Instance takes cognizance of minor crimes. 11/ CONB OG, No. 26 of November 15, 1963, at 929-931. 12/ Supra note 10.CONB-9. special criminal court if a state of emergency is declared by a decree of the Council of Ministers. In such cases the rules of the Criminal Procedure Code remain applicable, with exceptions which will be described later in this study. Criminal Court System Ordinance No. 10-63 of November, 6, 1963, 11/ governs the organization and jurisdiction of the regular criminal courts. However, many procedural aspects are regulated by the Criminal Procedure Code instituted by Law No. 1-63 of January 13, 1963. 12/ The hierarchy of the jurisdictions is based on the classical principle of judgement, appeal, and review called cassation. At the lowest level rank the Tribunal of Instance and the Tribunal of Grand Instance with one or several sections. Then follows the Court of Appeal with the Chamber of Accusation and the Supreme Court, which is called the Court of Cassation. As indicated by their names, the latter two do not have original jurisdiction but only appeal and review functions. The first stage of a trial with original jurisdiction is reserved to the Tribunals of Instance and Grand Instance, and the Criminal Court. The Tribunal of Instance has limited criminal jurisdiction over simple police violations. Judgements rendered by a single judge can be taken to the Court of Appeal for review. The Tribunal of Grand Instance takes cognizance of minor crimes. 11/ CONB OG, No. 26 of November 15, 1963, at 929-931. 12/ Supra note 10.CONB-9. special criminal court if a state of emergency is declared by a decree of the Council of Ministers. In such cases the rules of the Criminal Procedure Code remain applicable, with exceptions which will be described later in this study. Criminal Court System Ordinance No. 10-63 of November, 6, 1963, 11/ governs the organization and jurisdiction of the regular criminal courts. However, many procedural aspects are regulated by the Criminal Procedure Code instituted by Law No. 1-63 of January 13, 1963. 12/ The hierarchy of the jurisdictions is based on the classical principle of judgement, appeal, and review called cassation. At the lowest level rank the Tribunal of Instance and the Tribunal of Grand Instance with one or several sections. Then follows the Court of Appeal with the Chamber of Accusation and the Supreme Court, which is called the Court of Cassation. As indicated by their names, the latter two do not have original jurisdiction but only appeal and review functions. The first stage of a trial with original jurisdiction is reserved to the Tribunals of Instance and Grand Instance, and the Criminal Court. The Tribunal of Instance has limited criminal jurisdiction over simple police violations. Judgements rendered by a single judge can be taken to the Court of Appeal for review. The Tribunal of Grand Instance takes cognizance of minor crimes. 11/ CONB OG, No. 26 of November 15, 1963, at 929-931. 12/ Supra note 10.CONB-10. Ordinance No. 8-69 of March 2, 1969, 13/ requires that its judgement be rendered by a panel of three judges. The tribunal usually has a separate civil and criminal chamber. Pursuant to the provisions of the Criminal Procedure Code, 14/ the Tribunal of Grand Instance takes cognizance of a case by referral from investigative agencies, by voluntary appearance of the parties, by direct citation of the accused or the persons who have civil responsibility, or by the application of the procedure applicable to flagrant offenses. Provisions of the Criminal Procedure Code guarantee the accused and the civil party the right to be present, to be confronted by the witnesses, and to have compulsory process for obtaining witnesses. 15/ The injured or civil party is entitled to claim damages. Under certain conditions, judgement may be rendered by default. The single Criminal Court, located in the capital city of Brazzaville, convenes in regular and special sessions. This court judges offenses termed major crimes which are brought before it by an Order of Referral from the Chamber of Accusation. The Criminal Court sits with three judges and six jurors, with four alternates. The issues of guilt and punishment are decided by the judges and the jury. Both judges and jurors are entitled to ask questions of the accused. The procedural rules valid for the Tribunal of Instance and Grand Instance, with certain exceptions, are also applicable in the Criminal Court. Any decision of the court unfavorable to the accused requires a majority of seven or more votes. If the legally summoned accused does not appear in court, he may 13/ CONB OG, No. 6 of March 15, 1969, at 141. 14/ Supra note 10. 15/ Id.CONB-10. Ordinance No. 8-69 of March 2, 1969, 13/ requires that its judgement be rendered by a panel of three judges. The tribunal usually has a separate civil and criminal chamber. Pursuant to the provisions of the Criminal Procedure Code, 14/ the Tribunal of Grand Instance takes cognizance of a case by referral from investigative agencies, by voluntary appearance of the parties, by direct citation of the accused or the persons who have civil responsibility, or by the application of the procedure applicable to flagrant offenses. Provisions of the Criminal Procedure Code guarantee the accused and the civil party the right to be present, to be confronted by the witnesses, and to have compulsory process for obtaining witnesses. 15/ The injured or civil party is entitled to claim damages. Under certain conditions, judgement may be rendered by default. The single Criminal Court, located in the capital city of Brazzaville, convenes in regular and special sessions. This court judges offenses termed major crimes which are brought before it by an Order of Referral from the Chamber of Accusation. The Criminal Court sits with three judges and six jurors, with four alternates. The issues of guilt and punishment are decided by the judges and the jury. Both judges and jurors are entitled to ask questions of the accused. The procedural rules valid for the Tribunal of Instance and Grand Instance, with certain exceptions, are also applicable in the Criminal Court. Any decision of the court unfavorable to the accused requires a majority of seven or more votes. If the legally summoned accused does not appear in court, he may 13/ CONB OG, No. 6 of March 15, 1969, at 141. 14/ Supra note 10. 15/ Id.CONB-10. Ordinance No. 8-69 of March 2, 1969, 13/ requires that its judgement be rendered by a panel of three judges. The tribunal usually has a separate civil and criminal chamber. Pursuant to the provisions of the Criminal Procedure Code, 14/ the Tribunal of Grand Instance takes cognizance of a case by referral from investigative agencies, by voluntary appearance of the parties, by direct citation of the accused or the persons who have civil responsibility, or by the application of the procedure applicable to flagrant offenses. Provisions of the Criminal Procedure Code guarantee the accused and the civil party the right to be present, to be confronted by the witnesses, and to have compulsory process for obtaining witnesses. 15/ The injured or civil party is entitled to claim damages. Under certain conditions, judgement may be rendered by default. The single Criminal Court, located in the capital city of Brazzaville, convenes in regular and special sessions. This court judges offenses termed major crimes which are brought before it by an Order of Referral from the Chamber of Accusation. The Criminal Court sits with three judges and six jurors, with four alternates. The issues of guilt and punishment are decided by the judges and the jury. Both judges and jurors are entitled to ask questions of the accused. The procedural rules valid for the Tribunal of Instance and Grand Instance, with certain exceptions, are also applicable in the Criminal Court. Any decision of the court unfavorable to the accused requires a majority of seven or more votes. If the legally summoned accused does not appear in court, he may 13/ CONB OG, No. 6 of March 15, 1969, at 141. 14/ Supra note 10. 15/ Id.CONB-10. Ordinance No. 8-69 of March 2, 1969, 13/ requires that its judgement be rendered by a panel of three judges. The tribunal usually has a separate civil and criminal chamber. Pursuant to the provisions of the Criminal Procedure Code, 14/ the Tribunal of Grand Instance takes cognizance of a case by referral from investigative agencies, by voluntary appearance of the parties, by direct citation of the accused or the persons who have civil responsibility, or by the application of the procedure applicable to flagrant offenses. Provisions of the Criminal Procedure Code guarantee the accused and the civil party the right to be present, to be confronted by the witnesses, and to have compulsory process for obtaining witnesses. 15/ The injured or civil party is entitled to claim damages. Under certain conditions, judgement may be rendered by default. The single Criminal Court, located in the capital city of Brazzaville, convenes in regular and special sessions. This court judges offenses termed major crimes which are brought before it by an Order of Referral from the Chamber of Accusation. The Criminal Court sits with three judges and six jurors, with four alternates. The issues of guilt and punishment are decided by the judges and the jury. Both judges and jurors are entitled to ask questions of the accused. The procedural rules valid for the Tribunal of Instance and Grand Instance, with certain exceptions, are also applicable in the Criminal Court. Any decision of the court unfavorable to the accused requires a majority of seven or more votes. If the legally summoned accused does not appear in court, he may 13/ CONB OG, No. 6 of March 15, 1969, at 141. 14/ Supra note 10. 15/ Id.CONB-10. Ordinance No. 8-69 of March 2, 1969, 13/ requires that its judgement be rendered by a panel of three judges. The tribunal usually has a separate civil and criminal chamber. Pursuant to the provisions of the Criminal Procedure Code, 14/ the Tribunal of Grand Instance takes cognizance of a case by referral from investigative agencies, by voluntary appearance of the parties, by direct citation of the accused or the persons who have civil responsibility, or by the application of the procedure applicable to flagrant offenses. Provisions of the Criminal Procedure Code guarantee the accused and the civil party the right to be present, to be confronted by the witnesses, and to have compulsory process for obtaining witnesses. 15/ The injured or civil party is entitled to claim damages. Under certain conditions, judgement may be rendered by default. The single Criminal Court, located in the capital city of Brazzaville, convenes in regular and special sessions. This court judges offenses termed major crimes which are brought before it by an Order of Referral from the Chamber of Accusation. The Criminal Court sits with three judges and six jurors, with four alternates. The issues of guilt and punishment are decided by the judges and the jury. Both judges and jurors are entitled to ask questions of the accused. The procedural rules valid for the Tribunal of Instance and Grand Instance, with certain exceptions, are also applicable in the Criminal Court. Any decision of the court unfavorable to the accused requires a majority of seven or more votes. If the legally summoned accused does not appear in court, he may 13/ CONB OG, No. 6 of March 15, 1969, at 141. 14/ Supra note 10. 15/ Id.CONB-11. be sentenced in absentia. case of acquittal, the court determines the damages claimed by the injured party in a separate order without the presence of that party. The decisions of the Criminal Court are subject to review by the Court of Cassation. The Court of Appeal hears appeals from decisions rendered in criminal matters by the Tribunals of Instance and Grand Instance. The right of appeal is granted to the accused, the person who has civil responsibility, the injured party claiming damages, the Prosecutor, and certain government agencies. The Chamber of Criminal Appeal of the court is composed of three judges. It applies, with certain exceptions, rules which are applicable at the Tribunals of Instance and Grand Instance. The court can reject an appeal or confirm a previous judgement. If a judgement is annulled because of violations of the law, the case is decided on its merit. Then, of course, the parties are deprived of one new stage of trial to which they would have been entitled if the case had been sent back to a lower court. An appeal suspends the execution of a judgement. Decisions of the Court of Appeal are open to review by the Court of Cassation. Attached to the Court of Appeal is a special judicial institution called the Chamber of Accusation. The Chamber is composed of the President of the Court of Appeal and two judges appointed for a period of one year. The prosecutorial functions are performed by the Prosecutor General of the Court of Appeal. Debates take place and decisions are rendered in chambers. If there are no reasons for prosecution, the Chamber of Accusation releases the accused person from custody. Should the offence be qualified as a minor crime the accused will be referred to a lower court. When the violation constitutes a ma-CONB-11. be sentenced in absentia. case of acquittal, the court determines the damages claimed by the injured party in a separate order without the presence of that party. The decisions of the Criminal Court are subject to review by the Court of Cassation. The Court of Appeal hears appeals from decisions rendered in criminal matters by the Tribunals of Instance and Grand Instance. The right of appeal is granted to the accused, the person who has civil responsibility, the injured party claiming damages, the Prosecutor, and certain government agencies. The Chamber of Criminal Appeal of the court is composed of three judges. It applies, with certain exceptions, rules which are applicable at the Tribunals of Instance and Grand Instance. The court can reject an appeal or confirm a previous judgement. If a judgement is annulled because of violations of the law, the case is decided on its merit. Then, of course, the parties are deprived of one new stage of trial to which they would have been entitled if the case had been sent back to a lower court. An appeal suspends the execution of a judgement. Decisions of the Court of Appeal are open to review by the Court of Cassation. Attached to the Court of Appeal is a special judicial institution called the Chamber of Accusation. The Chamber is composed of the President of the Court of Appeal and two judges appointed for a period of one year. The prosecutorial functions are performed by the Prosecutor General of the Court of Appeal. Debates take place and decisions are rendered in chambers. If there are no reasons for prosecution, the Chamber of Accusation releases the accused person from custody. Should the offence be qualified as a minor crime the accused will be referred to a lower court. When the violation constitutes a ma-CONB-11. be sentenced in absentia. case of acquittal, the court determines the damages claimed by the injured party in a separate order without the presence of that party. The decisions of the Criminal Court are subject to review by the Court of Cassation. The Court of Appeal hears appeals from decisions rendered in criminal matters by the Tribunals of Instance and Grand Instance. The right of appeal is granted to the accused, the person who has civil responsibility, the injured party claiming damages, the Prosecutor, and certain government agencies. The Chamber of Criminal Appeal of the court is composed of three judges. It applies, with certain exceptions, rules which are applicable at the Tribunals of Instance and Grand Instance. The court can reject an appeal or confirm a previous judgement. If a judgement is annulled because of violations of the law, the case is decided on its merit. Then, of course, the parties are deprived of one new stage of trial to which they would have been entitled if the case had been sent back to a lower court. An appeal suspends the execution of a judgement. Decisions of the Court of Appeal are open to review by the Court of Cassation. Attached to the Court of Appeal is a special judicial institution called the Chamber of Accusation. The Chamber is composed of the President of the Court of Appeal and two judges appointed for a period of one year. The prosecutorial functions are performed by the Prosecutor General of the Court of Appeal. Debates take place and decisions are rendered in chambers. If there are no reasons for prosecution, the Chamber of Accusation releases the accused person from custody. Should the offence be qualified as a minor crime the accused will be referred to a lower court. When the violation constitutes a ma-CONB-11. be sentenced in absentia. case of acquittal, the court determines the damages claimed by the injured party in a separate order without the presence of that party. The decisions of the Criminal Court are subject to review by the Court of Cassation. The Court of Appeal hears appeals from decisions rendered in criminal matters by the Tribunals of Instance and Grand Instance. The right of appeal is granted to the accused, the person who has civil responsibility, the injured party claiming damages, the Prosecutor, and certain government agencies. The Chamber of Criminal Appeal of the court is composed of three judges. It applies, with certain exceptions, rules which are applicable at the Tribunals of Instance and Grand Instance. The court can reject an appeal or confirm a previous judgement. If a judgement is annulled because of violations of the law, the case is decided on its merit. Then, of course, the parties are deprived of one new stage of trial to which they would have been entitled if the case had been sent back to a lower court. An appeal suspends the execution of a judgement. Decisions of the Court of Appeal are open to review by the Court of Cassation. Attached to the Court of Appeal is a special judicial institution called the Chamber of Accusation. The Chamber is composed of the President of the Court of Appeal and two judges appointed for a period of one year. The prosecutorial functions are performed by the Prosecutor General of the Court of Appeal. Debates take place and decisions are rendered in chambers. If there are no reasons for prosecution, the Chamber of Accusation releases the accused person from custody. Should the offence be qualified as a minor crime the accused will be referred to a lower court. When the violation constitutes a ma-CONB-11. be sentenced in absentia. case of acquittal, the court determines the damages claimed by the injured party in a separate order without the presence of that party. The decisions of the Criminal Court are subject to review by the Court of Cassation. The Court of Appeal hears appeals from decisions rendered in criminal matters by the Tribunals of Instance and Grand Instance. The right of appeal is granted to the accused, the person who has civil responsibility, the injured party claiming damages, the Prosecutor, and certain government agencies. The Chamber of Criminal Appeal of the court is composed of three judges. It applies, with certain exceptions, rules which are applicable at the Tribunals of Instance and Grand Instance. The court can reject an appeal or confirm a previous judgement. If a judgement is annulled because of violations of the law, the case is decided on its merit. Then, of course, the parties are deprived of one new stage of trial to which they would have been entitled if the case had been sent back to a lower court. An appeal suspends the execution of a judgement. Decisions of the Court of Appeal are open to review by the Court of Cassation. Attached to the Court of Appeal is a special judicial institution called the Chamber of Accusation. The Chamber is composed of the President of the Court of Appeal and two judges appointed for a period of one year. The prosecutorial functions are performed by the Prosecutor General of the Court of Appeal. Debates take place and decisions are rendered in chambers. If there are no reasons for prosecution, the Chamber of Accusation releases the accused person from custody. Should the offence be qualified as a minor crime the accused will be referred to a lower court. When the violation constitutes a ma-CONB-12. jor crime the Chamber of Accusation prepares an Order of Referral to the Criminal Court. The Chamber of Accusation examines the regularity of the procedural acts submitted to it and hears appeals directed against decisions of the Examining Magistrate taken during the process of investigation. It takes cognizance of a case by request of the Prosecutor, its President, or ex officio. The decisions of the Chamber of Accusation are subject to review by the Court of Cassation. The Chamber of Accusation also controls the activity of the Judicial Police and serves as a disciplinary chamber for its personnel. In addition, whenever considered necessary, the President of the Chamber of Accusation visits the prisons within the jurisdiction of the Court of Appeal and verifies the situation of those persons who are held under preventive detention. The Court of Cassation, which is the Supreme Court, is the highest court of last resort in the criminal justice system of Congo. Judgements and decisions rendered by lower courts in the last resort are subject to review in cessation. A petition for revision may also by submitted to this court. When the Supreme Court examines a review in cessation it hears only appeals on questions of law, such as an error in the application of the law, failure or refusal to decide upon demands of the parties, violation of the formal requirements of the law, and insufficient grounds in the decision under appeal. The Court of Cassation may reject the review in cessation or dismiss it as inadmissible, refer the case to a lower court, or reverse the case. Finally, the Court of Cassation may hear a review in cessation, at the request of the Prosecutor General, solely in the interest of the uniform application of the law whereby the decision rendered does not affect the interest of the parties.CONB-12. jor crime the Chamber of Accusation prepares an Order of Referral to the Criminal Court. The Chamber of Accusation examines the regularity of the procedural acts submitted to it and hears appeals directed against decisions of the Examining Magistrate taken during the process of investigation. It takes cognizance of a case by request of the Prosecutor, its President, or ex officio. The decisions of the Chamber of Accusation are subject to review by the Court of Cassation. The Chamber of Accusation also controls the activity of the Judicial Police and serves as a disciplinary chamber for its personnel. In addition, whenever considered necessary, the President of the Chamber of Accusation visits the prisons within the jurisdiction of the Court of Appeal and verifies the situation of those persons who are held under preventive detention. The Court of Cassation, which is the Supreme Court, is the highest court of last resort in the criminal justice system of Congo. Judgements and decisions rendered by lower courts in the last resort are subject to review in cessation. A petition for revision may also by submitted to this court. When the Supreme Court examines a review in cessation it hears only appeals on questions of law, such as an error in the application of the law, failure or refusal to decide upon demands of the parties, violation of the formal requirements of the law, and insufficient grounds in the decision under appeal. The Court of Cassation may reject the review in cessation or dismiss it as inadmissible, refer the case to a lower court, or reverse the case. Finally, the Court of Cassation may hear a review in cessation, at the request of the Prosecutor General, solely in the interest of the uniform application of the law whereby the decision rendered does not affect the interest of the parties.CONB-12. jor crime the Chamber of Accusation prepares an Order of Referral to the Criminal Court. The Chamber of Accusation examines the regularity of the procedural acts submitted to it and hears appeals directed against decisions of the Examining Magistrate taken during the process of investigation. It takes cognizance of a case by request of the Prosecutor, its President, or ex officio. The decisions of the Chamber of Accusation are subject to review by the Court of Cassation. The Chamber of Accusation also controls the activity of the Judicial Police and serves as a disciplinary chamber for its personnel. In addition, whenever considered necessary, the President of the Chamber of Accusation visits the prisons within the jurisdiction of the Court of Appeal and verifies the situation of those persons who are held under preventive detention. The Court of Cassation, which is the Supreme Court, is the highest court of last resort in the criminal justice system of Congo. Judgements and decisions rendered by lower courts in the last resort are subject to review in cessation. A petition for revision may also by submitted to this court. When the Supreme Court examines a review in cessation it hears only appeals on questions of law, such as an error in the application of the law, failure or refusal to decide upon demands of the parties, violation of the formal requirements of the law, and insufficient grounds in the decision under appeal. The Court of Cassation may reject the review in cessation or dismiss it as inadmissible, refer the case to a lower court, or reverse the case. Finally, the Court of Cassation may hear a review in cessation, at the request of the Prosecutor General, solely in the interest of the uniform application of the law whereby the decision rendered does not affect the interest of the parties.CONB-12. jor crime the Chamber of Accusation prepares an Order of Referral to the Criminal Court. The Chamber of Accusation examines the regularity of the procedural acts submitted to it and hears appeals directed against decisions of the Examining Magistrate taken during the process of investigation. It takes cognizance of a case by request of the Prosecutor, its President, or ex officio. The decisions of the Chamber of Accusation are subject to review by the Court of Cassation. The Chamber of Accusation also controls the activity of the Judicial Police and serves as a disciplinary chamber for its personnel. In addition, whenever considered necessary, the President of the Chamber of Accusation visits the prisons within the jurisdiction of the Court of Appeal and verifies the situation of those persons who are held under preventive detention. The Court of Cassation, which is the Supreme Court, is the highest court of last resort in the criminal justice system of Congo. Judgements and decisions rendered by lower courts in the last resort are subject to review in cessation. A petition for revision may also by submitted to this court. When the Supreme Court examines a review in cessation it hears only appeals on questions of law, such as an error in the application of the law, failure or refusal to decide upon demands of the parties, violation of the formal requirements of the law, and insufficient grounds in the decision under appeal. The Court of Cassation may reject the review in cessation or dismiss it as inadmissible, refer the case to a lower court, or reverse the case. Finally, the Court of Cassation may hear a review in cessation, at the request of the Prosecutor General, solely in the interest of the uniform application of the law whereby the decision rendered does not affect the interest of the parties.CONB-12. jor crime the Chamber of Accusation prepares an Order of Referral to the Criminal Court. The Chamber of Accusation examines the regularity of the procedural acts submitted to it and hears appeals directed against decisions of the Examining Magistrate taken during the process of investigation. It takes cognizance of a case by request of the Prosecutor, its President, or ex officio. The decisions of the Chamber of Accusation are subject to review by the Court of Cassation. The Chamber of Accusation also controls the activity of the Judicial Police and serves as a disciplinary chamber for its personnel. In addition, whenever considered necessary, the President of the Chamber of Accusation visits the prisons within the jurisdiction of the Court of Appeal and verifies the situation of those persons who are held under preventive detention. The Court of Cassation, which is the Supreme Court, is the highest court of last resort in the criminal justice system of Congo. Judgements and decisions rendered by lower courts in the last resort are subject to review in cessation. A petition for revision may also by submitted to this court. When the Supreme Court examines a review in cessation it hears only appeals on questions of law, such as an error in the application of the law, failure or refusal to decide upon demands of the parties, violation of the formal requirements of the law, and insufficient grounds in the decision under appeal. The Court of Cassation may reject the review in cessation or dismiss it as inadmissible, refer the case to a lower court, or reverse the case. Finally, the Court of Cassation may hear a review in cessation, at the request of the Prosecutor General, solely in the interest of the uniform application of the law whereby the decision rendered does not affect the interest of the parties.CONB-13. Execution of Judgements In order to secure the execution of criminal judgements the Prosecutor can request the assistance of the public force. Persons held in preventive detention are confined to prisons located at the seat of a Tribunal of Grand Instance. Such prisons have to sections for the different categories of offenders. Persons convicted of major or minor crimes are kept in separate penitentiaries and are compelled to work if the offense was not political in nature. Convicts may be permitted outside work but must return to the penitentiary at night. Conditional release is granted, under specified conditions, by the Ministry of Justice and the Ministry of the Interior. It is revoked in case of a new conviction. If an accused person has no previous conviction on record-a criminal record is kept at each Tribunal of Grand Instance or section thereof-the court may suspend the execution of the principal penalty for simple violations. If, within a period of five years, no new offense has been committed, the conviction is considered null and void; otherwise, the first sentence must be executed and can not be combined with a second judgement. The time allowed for the execution of sentences for major crimes expires after twenty years, for minor crimes after five years, and for simple violations after two years. Juvenile Courts A Children's Court is established in the jurisdiction of a Tribunal of Grand Instance and is composed of one judge and two law assessors. The Crim-CONB-13. Execution of Judgements In order to secure the execution of criminal judgements the Prosecutor can request the assistance of the public force. Persons held in preventive detention are confined to prisons located at the seat of a Tribunal of Grand Instance. Such prisons have to sections for the different categories of offenders. Persons convicted of major or minor crimes are kept in separate penitentiaries and are compelled to work if the offense was not political in nature. Convicts may be permitted outside work but must return to the penitentiary at night. Conditional release is granted, under specified conditions, by the Ministry of Justice and the Ministry of the Interior. It is revoked in case of a new conviction. If an accused person has no previous conviction on record-a criminal record is kept at each Tribunal of Grand Instance or section thereof-the court may suspend the execution of the principal penalty for simple violations. If, within a period of five years, no new offense has been committed, the conviction is considered null and void; otherwise, the first sentence must be executed and can not be combined with a second judgement. The time allowed for the execution of sentences for major crimes expires after twenty years, for minor crimes after five years, and for simple violations after two years. Juvenile Courts A Children's Court is established in the jurisdiction of a Tribunal of Grand Instance and is composed of one judge and two law assessors. The Crim-CONB-13. Execution of Judgements In order to secure the execution of criminal judgements the Prosecutor can request the assistance of the public force. Persons held in preventive detention are confined to prisons located at the seat of a Tribunal of Grand Instance. Such prisons have to sections for the different categories of offenders. Persons convicted of major or minor crimes are kept in separate penitentiaries and are compelled to work if the offense was not political in nature. Convicts may be permitted outside work but must return to the penitentiary at night. Conditional release is granted, under specified conditions, by the Ministry of Justice and the Ministry of the Interior. It is revoked in case of a new conviction. If an accused person has no previous conviction on record-a criminal record is kept at each Tribunal of Grand Instance or section thereof-the court may suspend the execution of the principal penalty for simple violations. If, within a period of five years, no new offense has been committed, the conviction is considered null and void; otherwise, the first sentence must be executed and can not be combined with a second judgement. The time allowed for the execution of sentences for major crimes expires after twenty years, for minor crimes after five years, and for simple violations after two years. Juvenile Courts A Children's Court is established in the jurisdiction of a Tribunal of Grand Instance and is composed of one judge and two law assessors. The Crim-CONB-13. Execution of Judgements In order to secure the execution of criminal judgements the Prosecutor can request the assistance of the public force. Persons held in preventive detention are confined to prisons located at the seat of a Tribunal of Grand Instance. Such prisons have to sections for the different categories of offenders. Persons convicted of major or minor crimes are kept in separate penitentiaries and are compelled to work if the offense was not political in nature. Convicts may be permitted outside work but must return to the penitentiary at night. Conditional release is granted, under specified conditions, by the Ministry of Justice and the Ministry of the Interior. It is revoked in case of a new conviction. If an accused person has no previous conviction on record-a criminal record is kept at each Tribunal of Grand Instance or section thereof-the court may suspend the execution of the principal penalty for simple violations. If, within a period of five years, no new offense has been committed, the conviction is considered null and void; otherwise, the first sentence must be executed and can not be combined with a second judgement. The time allowed for the execution of sentences for major crimes expires after twenty years, for minor crimes after five years, and for simple violations after two years. Juvenile Courts A Children's Court is established in the jurisdiction of a Tribunal of Grand Instance and is composed of one judge and two law assessors. The Crim-CONB-13. Execution of Judgements In order to secure the execution of criminal judgements the Prosecutor can request the assistance of the public force. Persons held in preventive detention are confined to prisons located at the seat of a Tribunal of Grand Instance. Such prisons have to sections for the different categories of offenders. Persons convicted of major or minor crimes are kept in separate penitentiaries and are compelled to work if the offense was not political in nature. Convicts may be permitted outside work but must return to the penitentiary at night. Conditional release is granted, under specified conditions, by the Ministry of Justice and the Ministry of the Interior. It is revoked in case of a new conviction. If an accused person has no previous conviction on record-a criminal record is kept at each Tribunal of Grand Instance or section thereof-the court may suspend the execution of the principal penalty for simple violations. If, within a period of five years, no new offense has been committed, the conviction is considered null and void; otherwise, the first sentence must be executed and can not be combined with a second judgement. The time allowed for the execution of sentences for major crimes expires after twenty years, for minor crimes after five years, and for simple violations after two years. Juvenile Courts A Children's Court is established in the jurisdiction of a Tribunal of Grand Instance and is composed of one judge and two law assessors. The Crim-CONB-14. inal Court for Minors sits with three judges and six jurors and is called into session during the period set for the Criminal Court. These courts are mainly concerned with the protection and education of offenders. Juveniles under the age of eighteen are tried in Children's Court or Criminal Courts for Minors. In exceptional cases, criminal punishment may be applied to children above the age of thirteen. The re-education of minors is ensured under conditions of supervised freedom controlled by the Children's Court. A minor, sentenced to death or hard labor for life, must serve only twenty-five years of his sentence. Special Criminal Courts Reference has been made previously to the fact that the Criminal Procedure Code of Congo 16/ permits the establishment of a special criminal court for the trial of major and minor crimes affecting the security of the State. In response to the great threat to the Revolution of August 15, 1963, the President of the Republic, on the advice of the Political Bureau of National Revolutionary Movement Party, was empowered to decide the establishment of a People's Tribunal. Thus, Law No. 29-64 of September 9, 1964, 17/ instituted a special court called the People's Tribunal. In addition, this law prohibits participation in the activities of unauthorized groups and sects. The penalty of death, hard labor, or solitary confinement is imposed upon those who attempt to disturb the internal peace and order, disobey the laws and orders of the government, or prepare acts of disorder or rebellion against the State. In addi- 16/ Id. 17/ Supra note 9. CONB-14. inal Court for Minors sits with three judges and six jurors and is called into session during the period set for the Criminal Court. These courts are mainly concerned with the protection and education of offenders. Juveniles under the age of eighteen are tried in Children's Court or Criminal Courts for Minors. In exceptional cases, criminal punishment may be applied to children above the age of thirteen. The re-education of minors is ensured under conditions of supervised freedom controlled by the Children's Court. A minor, sentenced to death or hard labor for life, must serve only twenty-five years of his sentence. Special Criminal Courts Reference has been made previously to the fact that the Criminal Procedure Code of Congo 16/ permits the establishment of a special criminal court for the trial of major and minor crimes affecting the security of the State. In response to the great threat to the Revolution of August 15, 1963, the President of the Republic, on the advice of the Political Bureau of National Revolutionary Movement Party, was empowered to decide the establishment of a People's Tribunal. Thus, Law No. 29-64 of September 9, 1964, 17/ instituted a special court called the People's Tribunal. In addition, this law prohibits participation in the activities of unauthorized groups and sects. The penalty of death, hard labor, or solitary confinement is imposed upon those who attempt to disturb the internal peace and order, disobey the laws and orders of the government, or prepare acts of disorder or rebellion against the State. In addi- 16/ Id. 17/ Supra note 9. CONB-14. inal Court for Minors sits with three judges and six jurors and is called into session during the period set for the Criminal Court. These courts are mainly concerned with the protection and education of offenders. Juveniles under the age of eighteen are tried in Children's Court or Criminal Courts for Minors. In exceptional cases, criminal punishment may be applied to children above the age of thirteen. The re-education of minors is ensured under conditions of supervised freedom controlled by the Children's Court. A minor, sentenced to death or hard labor for life, must serve only twenty-five years of his sentence. Special Criminal Courts Reference has been made previously to the fact that the Criminal Procedure Code of Congo 16/ permits the establishment of a special criminal court for the trial of major and minor crimes affecting the security of the State. In response to the great threat to the Revolution of August 15, 1963, the President of the Republic, on the advice of the Political Bureau of National Revolutionary Movement Party, was empowered to decide the establishment of a People's Tribunal. Thus, Law No. 29-64 of September 9, 1964, 17/ instituted a special court called the People's Tribunal. In addition, this law prohibits participation in the activities of unauthorized groups and sects. The penalty of death, hard labor, or solitary confinement is imposed upon those who attempt to disturb the internal peace and order, disobey the laws and orders of the government, or prepare acts of disorder or rebellion against the State. In addi- 16/ Id. 17/ Supra note 9. CONB-14. inal Court for Minors sits with three judges and six jurors and is called into session during the period set for the Criminal Court. These courts are mainly concerned with the protection and education of offenders. Juveniles under the age of eighteen are tried in Children's Court or Criminal Courts for Minors. In exceptional cases, criminal punishment may be applied to children above the age of thirteen. The re-education of minors is ensured under conditions of supervised freedom controlled by the Children's Court. A minor, sentenced to death or hard labor for life, must serve only twenty-five years of his sentence. Special Criminal Courts Reference has been made previously to the fact that the Criminal Procedure Code of Congo 16/ permits the establishment of a special criminal court for the trial of major and minor crimes affecting the security of the State. In response to the great threat to the Revolution of August 15, 1963, the President of the Republic, on the advice of the Political Bureau of National Revolutionary Movement Party, was empowered to decide the establishment of a People's Tribunal. Thus, Law No. 29-64 of September 9, 1964, 17/ instituted a special court called the People's Tribunal. In addition, this law prohibits participation in the activities of unauthorized groups and sects. The penalty of death, hard labor, or solitary confinement is imposed upon those who attempt to disturb the internal peace and order, disobey the laws and orders of the government, or prepare acts of disorder or rebellion against the State. In addi- 16/ Id. 17/ Supra note 9. CONB-14. inal Court for Minors sits with three judges and six jurors and is called into session during the period set for the Criminal Court. These courts are mainly concerned with the protection and education of offenders. Juveniles under the age of eighteen are tried in Children's Court or Criminal Courts for Minors. In exceptional cases, criminal punishment may be applied to children above the age of thirteen. The re-education of minors is ensured under conditions of supervised freedom controlled by the Children's Court. A minor, sentenced to death or hard labor for life, must serve only twenty-five years of his sentence. Special Criminal Courts Reference has been made previously to the fact that the Criminal Procedure Code of Congo 16/ permits the establishment of a special criminal court for the trial of major and minor crimes affecting the security of the State. In response to the great threat to the Revolution of August 15, 1963, the President of the Republic, on the advice of the Political Bureau of National Revolutionary Movement Party, was empowered to decide the establishment of a People's Tribunal. Thus, Law No. 29-64 of September 9, 1964, 17/ instituted a special court called the People's Tribunal. In addition, this law prohibits participation in the activities of unauthorized groups and sects. The penalty of death, hard labor, or solitary confinement is imposed upon those who attempt to disturb the internal peace and order, disobey the laws and orders of the government, or prepare acts of disorder or rebellion against the State. In addi- 16/ Id. 17/ Supra note 9. CONB-15. tion, all offenses carry the loss of certain civil, civic rights. The People's Tribunal is composed of nine professional judges and nine jurors selected from a list prepared by the Political Bureau of the National Revolutionary Movement Party. Investigations are performed by an Investigation Commission of six regular and two alternate members assisted by the Prosecutor General of the Court of Appeal. The tribunal may be called into session within forty-eight hours after the citation of the accused. During this period counsel is permitted access to the files of the case. This tribunal can render judgements in absentia. It decides as a tribunal of final resort. However, all cases of politically detained persons, as a result of the Revolution of August 15, 1963, come under the jurisdiction of this special tribunal. The Revolutionary Court of Justice was created by Ordinance No. 2-69 of February 7, 1969. 18/ The special jurisdiction of this court includes anti-revolutionary activities directed against the public peace and order, disobedience of laws, and the preparation of a rebellion. The court is competent to try major and minor crimes committed against the internal and external security of the State as well as offenses connected with those acts, as interpreted by the Criminal Code. The composition and powers of the court are the same as those described for the People's Tribunal. The minutes of the decisions rendered by this court are kept by the Political Bureau. The accused may select counsel within two days, otherwise and official public defender is appointed by the court. Investigations are performed by the same commission provided for the People's Tribunal. Decisions of the Investigation Commission and judgements of 18/ CONB OG, No. 16 of August 15, 1969, at 386-389.CONB-15. tion, all offenses carry the loss of certain civil, civic rights. The People's Tribunal is composed of nine professional judges and nine jurors selected from a list prepared by the Political Bureau of the National Revolutionary Movement Party. Investigations are performed by an Investigation Commission of six regular and two alternate members assisted by the Prosecutor General of the Court of Appeal. The tribunal may be called into session within forty-eight hours after the citation of the accused. During this period counsel is permitted access to the files of the case. This tribunal can render judgements in absentia. It decides as a tribunal of final resort. However, all cases of politically detained persons, as a result of the Revolution of August 15, 1963, come under the jurisdiction of this special tribunal. The Revolutionary Court of Justice was created by Ordinance No. 2-69 of February 7, 1969. 18/ The special jurisdiction of this court includes anti-revolutionary activities directed against the public peace and order, disobedience of laws, and the preparation of a rebellion. The court is competent to try major and minor crimes committed against the internal and external security of the State as well as offenses connected with those acts, as interpreted by the Criminal Code. The composition and powers of the court are the same as those described for the People's Tribunal. The minutes of the decisions rendered by this court are kept by the Political Bureau. The accused may select counsel within two days, otherwise and official public defender is appointed by the court. Investigations are performed by the same commission provided for the People's Tribunal. Decisions of the Investigation Commission and judgements of 18/ CONB OG, No. 16 of August 15, 1969, at 386-389.CONB-15. tion, all offenses carry the loss of certain civil, civic rights. The People's Tribunal is composed of nine professional judges and nine jurors selected from a list prepared by the Political Bureau of the National Revolutionary Movement Party. Investigations are performed by an Investigation Commission of six regular and two alternate members assisted by the Prosecutor General of the Court of Appeal. The tribunal may be called into session within forty-eight hours after the citation of the accused. During this period counsel is permitted access to the files of the case. This tribunal can render judgements in absentia. It decides as a tribunal of final resort. However, all cases of politically detained persons, as a result of the Revolution of August 15, 1963, come under the jurisdiction of this special tribunal. The Revolutionary Court of Justice was created by Ordinance No. 2-69 of February 7, 1969. 18/ The special jurisdiction of this court includes anti-revolutionary activities directed against the public peace and order, disobedience of laws, and the preparation of a rebellion. The court is competent to try major and minor crimes committed against the internal and external security of the State as well as offenses connected with those acts, as interpreted by the Criminal Code. The composition and powers of the court are the same as those described for the People's Tribunal. The minutes of the decisions rendered by this court are kept by the Political Bureau. The accused may select counsel within two days, otherwise and official public defender is appointed by the court. Investigations are performed by the same commission provided for the People's Tribunal. Decisions of the Investigation Commission and judgements of 18/ CONB OG, No. 16 of August 15, 1969, at 386-389.CONB-15. tion, all offenses carry the loss of certain civil, civic rights. The People's Tribunal is composed of nine professional judges and nine jurors selected from a list prepared by the Political Bureau of the National Revolutionary Movement Party. Investigations are performed by an Investigation Commission of six regular and two alternate members assisted by the Prosecutor General of the Court of Appeal. The tribunal may be called into session within forty-eight hours after the citation of the accused. During this period counsel is permitted access to the files of the case. This tribunal can render judgements in absentia. It decides as a tribunal of final resort. However, all cases of politically detained persons, as a result of the Revolution of August 15, 1963, come under the jurisdiction of this special tribunal. The Revolutionary Court of Justice was created by Ordinance No. 2-69 of February 7, 1969. 18/ The special jurisdiction of this court includes anti-revolutionary activities directed against the public peace and order, disobedience of laws, and the preparation of a rebellion. The court is competent to try major and minor crimes committed against the internal and external security of the State as well as offenses connected with those acts, as interpreted by the Criminal Code. The composition and powers of the court are the same as those described for the People's Tribunal. The minutes of the decisions rendered by this court are kept by the Political Bureau. The accused may select counsel within two days, otherwise and official public defender is appointed by the court. Investigations are performed by the same commission provided for the People's Tribunal. Decisions of the Investigation Commission and judgements of 18/ CONB OG, No. 16 of August 15, 1969, at 386-389.CONB-15. tion, all offenses carry the loss of certain civil, civic rights. The People's Tribunal is composed of nine professional judges and nine jurors selected from a list prepared by the Political Bureau of the National Revolutionary Movement Party. Investigations are performed by an Investigation Commission of six regular and two alternate members assisted by the Prosecutor General of the Court of Appeal. The tribunal may be called into session within forty-eight hours after the citation of the accused. During this period counsel is permitted access to the files of the case. This tribunal can render judgements in absentia. It decides as a tribunal of final resort. However, all cases of politically detained persons, as a result of the Revolution of August 15, 1963, come under the jurisdiction of this special tribunal. The Revolutionary Court of Justice was created by Ordinance No. 2-69 of February 7, 1969. 18/ The special jurisdiction of this court includes anti-revolutionary activities directed against the public peace and order, disobedience of laws, and the preparation of a rebellion. The court is competent to try major and minor crimes committed against the internal and external security of the State as well as offenses connected with those acts, as interpreted by the Criminal Code. The composition and powers of the court are the same as those described for the People's Tribunal. The minutes of the decisions rendered by this court are kept by the Political Bureau. The accused may select counsel within two days, otherwise and official public defender is appointed by the court. Investigations are performed by the same commission provided for the People's Tribunal. Decisions of the Investigation Commission and judgements of 18/ CONB OG, No. 16 of August 15, 1969, at 386-389.CONB-16. the court are not subject to review. Through the enactment of these provisions many of the rules governing the jurisdiction of the People's Tribunal have been repealed. An Exceptional Revolutionary Court was established by Ordinance No. 24-69 of November 18, 1969. 19/ This court is not attached to the regular or administrative judicial system and exercises jurisdiction over persons charged with attempts against the internal and external security of the State. It is called to try conspiracy cases, in the phase of execution, which are committed with the purpose of overthrowing the government and inciting the population to an armed revolt against constitutional authority. The court also has jurisdiction over offenses which are in any way connected with the above attempts. The court is composed of members of the Court Martial(see below), the president and vice president of the Court of Revolutionary Justice, the presidents of the Supreme Court and the Court of Appeal, and two judges of the Revolutionary Court of Justice. The prosecutorial functions are exercised by the Government Commissioner of the Revolutionary Court of Justice, and the Prosecutor General of the Court of Appeal. Administrative services are rendered by the Clerk of the Court of Revolutionary Justice. Investigation is ensured by a Military Commissioner and the Investigation Commission of the Revolutionary Court of Justice and People's Tribunal. The Exceptional Revolutionary Court of Justice convenes in closed session within twenty-four hours after the notification of the accused. It applies the penalties provided for by regular criminal laws. Its decisions are final. 19/ CONB OG, No. 23 of December 1, 1969, at 586.CONB-16. the court are not subject to review. Through the enactment of these provisions many of the rules governing the jurisdiction of the People's Tribunal have been repealed. An Exceptional Revolutionary Court was established by Ordinance No. 24-69 of November 18, 1969. 19/ This court is not attached to the regular or administrative judicial system and exercises jurisdiction over persons charged with attempts against the internal and external security of the State. It is called to try conspiracy cases, in the phase of execution, which are committed with the purpose of overthrowing the government and inciting the population to an armed revolt against constitutional authority. The court also has jurisdiction over offenses which are in any way connected with the above attempts. The court is composed of members of the Court Martial(see below), the president and vice president of the Court of Revolutionary Justice, the presidents of the Supreme Court and the Court of Appeal, and two judges of the Revolutionary Court of Justice. The prosecutorial functions are exercised by the Government Commissioner of the Revolutionary Court of Justice, and the Prosecutor General of the Court of Appeal. Administrative services are rendered by the Clerk of the Court of Revolutionary Justice. Investigation is ensured by a Military Commissioner and the Investigation Commission of the Revolutionary Court of Justice and People's Tribunal. The Exceptional Revolutionary Court of Justice convenes in closed session within twenty-four hours after the notification of the accused. It applies the penalties provided for by regular criminal laws. Its decisions are final. 19/ CONB OG, No. 23 of December 1, 1969, at 586.CONB-16. the court are not subject to review. Through the enactment of these provisions many of the rules governing the jurisdiction of the People's Tribunal have been repealed. An Exceptional Revolutionary Court was established by Ordinance No. 24-69 of November 18, 1969. 19/ This court is not attached to the regular or administrative judicial system and exercises jurisdiction over persons charged with attempts against the internal and external security of the State. It is called to try conspiracy cases, in the phase of execution, which are committed with the purpose of overthrowing the government and inciting the population to an armed revolt against constitutional authority. The court also has jurisdiction over offenses which are in any way connected with the above attempts. The court is composed of members of the Court Martial(see below), the president and vice president of the Court of Revolutionary Justice, the presidents of the Supreme Court and the Court of Appeal, and two judges of the Revolutionary Court of Justice. The prosecutorial functions are exercised by the Government Commissioner of the Revolutionary Court of Justice, and the Prosecutor General of the Court of Appeal. Administrative services are rendered by the Clerk of the Court of Revolutionary Justice. Investigation is ensured by a Military Commissioner and the Investigation Commission of the Revolutionary Court of Justice and People's Tribunal. The Exceptional Revolutionary Court of Justice convenes in closed session within twenty-four hours after the notification of the accused. It applies the penalties provided for by regular criminal laws. Its decisions are final. 19/ CONB OG, No. 23 of December 1, 1969, at 586.CONB-16. the court are not subject to review. Through the enactment of these provisions many of the rules governing the jurisdiction of the People's Tribunal have been repealed. An Exceptional Revolutionary Court was established by Ordinance No. 24-69 of November 18, 1969. 19/ This court is not attached to the regular or administrative judicial system and exercises jurisdiction over persons charged with attempts against the internal and external security of the State. It is called to try conspiracy cases, in the phase of execution, which are committed with the purpose of overthrowing the government and inciting the population to an armed revolt against constitutional authority. The court also has jurisdiction over offenses which are in any way connected with the above attempts. The court is composed of members of the Court Martial(see below), the president and vice president of the Court of Revolutionary Justice, the presidents of the Supreme Court and the Court of Appeal, and two judges of the Revolutionary Court of Justice. The prosecutorial functions are exercised by the Government Commissioner of the Revolutionary Court of Justice, and the Prosecutor General of the Court of Appeal. Administrative services are rendered by the Clerk of the Court of Revolutionary Justice. Investigation is ensured by a Military Commissioner and the Investigation Commission of the Revolutionary Court of Justice and People's Tribunal. The Exceptional Revolutionary Court of Justice convenes in closed session within twenty-four hours after the notification of the accused. It applies the penalties provided for by regular criminal laws. Its decisions are final. 19/ CONB OG, No. 23 of December 1, 1969, at 586.CONB-16. the court are not subject to review. Through the enactment of these provisions many of the rules governing the jurisdiction of the People's Tribunal have been repealed. An Exceptional Revolutionary Court was established by Ordinance No. 24-69 of November 18, 1969. 19/ This court is not attached to the regular or administrative judicial system and exercises jurisdiction over persons charged with attempts against the internal and external security of the State. It is called to try conspiracy cases, in the phase of execution, which are committed with the purpose of overthrowing the government and inciting the population to an armed revolt against constitutional authority. The court also has jurisdiction over offenses which are in any way connected with the above attempts. The court is composed of members of the Court Martial(see below), the president and vice president of the Court of Revolutionary Justice, the presidents of the Supreme Court and the Court of Appeal, and two judges of the Revolutionary Court of Justice. The prosecutorial functions are exercised by the Government Commissioner of the Revolutionary Court of Justice, and the Prosecutor General of the Court of Appeal. Administrative services are rendered by the Clerk of the Court of Revolutionary Justice. Investigation is ensured by a Military Commissioner and the Investigation Commission of the Revolutionary Court of Justice and People's Tribunal. The Exceptional Revolutionary Court of Justice convenes in closed session within twenty-four hours after the notification of the accused. It applies the penalties provided for by regular criminal laws. Its decisions are final. 19/ CONB OG, No. 23 of December 1, 1969, at 586.CONB-17. A special military court called Court Martial was established by Ordinance No. 22-69 of November 10, 1969. 20/ to try certain crimes against the security of the State. It has been given jurisdiction over conspiracy cases, in the phase of execution, committed with the purpose of destroying and overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. This court appears to have taken part of the jurisdiction given to the Exceptional Revolutionary Court. By similar, if not identical, provisions of Ordinance No. 12-72 of February 28, 1972, 21/ another Court Martial was created to assume jurisdiction for crimes against the internal and external security of the State. It is expressly stated that this court is not a part of the regular or administrative judicial system of the country. It is competent to try conspiracy cases which have entered their phase of execution and are committed with the purpose of destroying or overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. The court also takes cognizance of all regular, major, and minor crimes connected with the offenses under its jurisdiction. The crime or attempted crime of murdering agents of the public force, and such minor crimes as illegal possession of arms, war ammunitions, or arms depots, and violence and assault committed against agents of the public force, must be considered connected with conspiracy, provided that these offenses are linked to it in a certain manner and that they were intended to secure impunity for their authors. 20/ Id. at 571. 21/ Journal Officiel de la Republique Populaire du Congo[*[CONB OG: Official Gazette of the People's Republic of Congo]*], No. 6 of March 15, 1972, at 139.CONB-17. A special military court called Court Martial was established by Ordinance No. 22-69 of November 10, 1969. 20/ to try certain crimes against the security of the State. It has been given jurisdiction over conspiracy cases, in the phase of execution, committed with the purpose of destroying and overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. This court appears to have taken part of the jurisdiction given to the Exceptional Revolutionary Court. By similar, if not identical, provisions of Ordinance No. 12-72 of February 28, 1972, 21/ another Court Martial was created to assume jurisdiction for crimes against the internal and external security of the State. It is expressly stated that this court is not a part of the regular or administrative judicial system of the country. It is competent to try conspiracy cases which have entered their phase of execution and are committed with the purpose of destroying or overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. The court also takes cognizance of all regular, major, and minor crimes connected with the offenses under its jurisdiction. The crime or attempted crime of murdering agents of the public force, and such minor crimes as illegal possession of arms, war ammunitions, or arms depots, and violence and assault committed against agents of the public force, must be considered connected with conspiracy, provided that these offenses are linked to it in a certain manner and that they were intended to secure impunity for their authors. 20/ Id. at 571. 21/ Journal Officiel de la Republique Populaire du Congo[*[CONB OG: Official Gazette of the People's Republic of Congo]*], No. 6 of March 15, 1972, at 139.CONB-17. A special military court called Court Martial was established by Ordinance No. 22-69 of November 10, 1969. 20/ to try certain crimes against the security of the State. It has been given jurisdiction over conspiracy cases, in the phase of execution, committed with the purpose of destroying and overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. This court appears to have taken part of the jurisdiction given to the Exceptional Revolutionary Court. By similar, if not identical, provisions of Ordinance No. 12-72 of February 28, 1972, 21/ another Court Martial was created to assume jurisdiction for crimes against the internal and external security of the State. It is expressly stated that this court is not a part of the regular or administrative judicial system of the country. It is competent to try conspiracy cases which have entered their phase of execution and are committed with the purpose of destroying or overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. The court also takes cognizance of all regular, major, and minor crimes connected with the offenses under its jurisdiction. The crime or attempted crime of murdering agents of the public force, and such minor crimes as illegal possession of arms, war ammunitions, or arms depots, and violence and assault committed against agents of the public force, must be considered connected with conspiracy, provided that these offenses are linked to it in a certain manner and that they were intended to secure impunity for their authors. 20/ Id. at 571. 21/ Journal Officiel de la Republique Populaire du Congo[*[CONB OG: Official Gazette of the People's Republic of Congo]*], No. 6 of March 15, 1972, at 139.CONB-17. A special military court called Court Martial was established by Ordinance No. 22-69 of November 10, 1969. 20/ to try certain crimes against the security of the State. It has been given jurisdiction over conspiracy cases, in the phase of execution, committed with the purpose of destroying and overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. This court appears to have taken part of the jurisdiction given to the Exceptional Revolutionary Court. By similar, if not identical, provisions of Ordinance No. 12-72 of February 28, 1972, 21/ another Court Martial was created to assume jurisdiction for crimes against the internal and external security of the State. It is expressly stated that this court is not a part of the regular or administrative judicial system of the country. It is competent to try conspiracy cases which have entered their phase of execution and are committed with the purpose of destroying or overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. The court also takes cognizance of all regular, major, and minor crimes connected with the offenses under its jurisdiction. The crime or attempted crime of murdering agents of the public force, and such minor crimes as illegal possession of arms, war ammunitions, or arms depots, and violence and assault committed against agents of the public force, must be considered connected with conspiracy, provided that these offenses are linked to it in a certain manner and that they were intended to secure impunity for their authors. 20/ Id. at 571. 21/ Journal Officiel de la Republique Populaire du Congo[*[CONB OG: Official Gazette of the People's Republic of Congo]*], No. 6 of March 15, 1972, at 139.CONB-17. A special military court called Court Martial was established by Ordinance No. 22-69 of November 10, 1969. 20/ to try certain crimes against the security of the State. It has been given jurisdiction over conspiracy cases, in the phase of execution, committed with the purpose of destroying and overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. This court appears to have taken part of the jurisdiction given to the Exceptional Revolutionary Court. By similar, if not identical, provisions of Ordinance No. 12-72 of February 28, 1972, 21/ another Court Martial was created to assume jurisdiction for crimes against the internal and external security of the State. It is expressly stated that this court is not a part of the regular or administrative judicial system of the country. It is competent to try conspiracy cases which have entered their phase of execution and are committed with the purpose of destroying or overthrowing the government or exciting the population to armed revolt against the constitutional authority of the State. The court also takes cognizance of all regular, major, and minor crimes connected with the offenses under its jurisdiction. The crime or attempted crime of murdering agents of the public force, and such minor crimes as illegal possession of arms, war ammunitions, or arms depots, and violence and assault committed against agents of the public force, must be considered connected with conspiracy, provided that these offenses are linked to it in a certain manner and that they were intended to secure impunity for their authors. 20/ Id. at 571. 21/ Journal Officiel de la Republique Populaire du Congo[*[CONB OG: Official Gazette of the People's Republic of Congo]*], No. 6 of March 15, 1972, at 139.CONB-18. The Court Martial is composed of a panel of three military judges. The public prosecutor is an officer who is assisted by a judge, if the need arises. Investigations are performed by a Military Commission. The results of the investigations are forwarded to the Office of the Prosecutor which notifies the accused of the charges. The court then convenes in closed session within forty-eight hours. The accused is assisted by an official counsel. The Court Martial applies the penalties provided for by regular criminal law and decides in final resort. It is characteristic of these special criminal courts to apply an accelerated and simplified procedure with limited defense rights and no possibility of appeal or of having their decisions reviewed. This feature appears to parallel the suspension of constitutional provisions and the installation of a single-party or military government in the People's Republic of Congo. Prepared by Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library Library of Congress August 1980CONB-18. The Court Martial is composed of a panel of three military judges. The public prosecutor is an officer who is assisted by a judge, if the need arises. Investigations are performed by a Military Commission. The results of the investigations are forwarded to the Office of the Prosecutor which notifies the accused of the charges. The court then convenes in closed session within forty-eight hours. The accused is assisted by an official counsel. The Court Martial applies the penalties provided for by regular criminal law and decides in final resort. It is characteristic of these special criminal courts to apply an accelerated and simplified procedure with limited defense rights and no possibility of appeal or of having their decisions reviewed. This feature appears to parallel the suspension of constitutional provisions and the installation of a single-party or military government in the People's Republic of Congo. Prepared by Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library Library of Congress August 1980CONB-18. The Court Martial is composed of a panel of three military judges. The public prosecutor is an officer who is assisted by a judge, if the need arises. Investigations are performed by a Military Commission. The results of the investigations are forwarded to the Office of the Prosecutor which notifies the accused of the charges. The court then convenes in closed session within forty-eight hours. The accused is assisted by an official counsel. The Court Martial applies the penalties provided for by regular criminal law and decides in final resort. It is characteristic of these special criminal courts to apply an accelerated and simplified procedure with limited defense rights and no possibility of appeal or of having their decisions reviewed. This feature appears to parallel the suspension of constitutional provisions and the installation of a single-party or military government in the People's Republic of Congo. Prepared by Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library Library of Congress August 1980CONB-18. The Court Martial is composed of a panel of three military judges. The public prosecutor is an officer who is assisted by a judge, if the need arises. Investigations are performed by a Military Commission. The results of the investigations are forwarded to the Office of the Prosecutor which notifies the accused of the charges. The court then convenes in closed session within forty-eight hours. The accused is assisted by an official counsel. The Court Martial applies the penalties provided for by regular criminal law and decides in final resort. It is characteristic of these special criminal courts to apply an accelerated and simplified procedure with limited defense rights and no possibility of appeal or of having their decisions reviewed. This feature appears to parallel the suspension of constitutional provisions and the installation of a single-party or military government in the People's Republic of Congo. Prepared by Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library Library of Congress August 1980CONB-18. The Court Martial is composed of a panel of three military judges. The public prosecutor is an officer who is assisted by a judge, if the need arises. Investigations are performed by a Military Commission. The results of the investigations are forwarded to the Office of the Prosecutor which notifies the accused of the charges. The court then convenes in closed session within forty-eight hours. The accused is assisted by an official counsel. The Court Martial applies the penalties provided for by regular criminal law and decides in final resort. It is characteristic of these special criminal courts to apply an accelerated and simplified procedure with limited defense rights and no possibility of appeal or of having their decisions reviewed. This feature appears to parallel the suspension of constitutional provisions and the installation of a single-party or military government in the People's Republic of Congo. Prepared by Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library Library of Congress August 1980