Le ministère public congolais : bailleur de contrainte, pourvoyeur de statuts et facilitateur dans les négociations
In Lubumbashi (Democratic Republic of Congo) the treatment of questions concerning rape by the Office of Public Prosecutor shows the emergence of a series of practices revealing the problems generated by the implementation of an « exported » criminal law. By its mode of intervention, the criminal ju...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2008-12-01
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| Series: | Droit et Cultures |
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| Online Access: | http://journals.openedition.org/droitcultures/196 |
| Summary: | In Lubumbashi (Democratic Republic of Congo) the treatment of questions concerning rape by the Office of Public Prosecutor shows the emergence of a series of practices revealing the problems generated by the implementation of an « exported » criminal law. By its mode of intervention, the criminal justice system is perceived by the involved actors as having the disadvantage of breaking harmony between the litigating parties. Fearing its intervention, they sometimes use other mechanisms of conflict resolution. However institutional justice has the advantage of having, on the one hand, a relatively coherent definition of the problematic situations it has to face and, on the other, a remarkable constraint device missing in alternative justice.Aware of this situation, the actors involved in the treatment of rape cases, including the public prosecutor, succeed in mobilising criminal justice for a role different from its institutional role. They engage in a selective back and forth movement between criminal law and popular mechanisms of dispute resolution. |
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| ISSN: | 0247-9788 2109-9421 |