L’indépendance du juge pénal eu-égard aux cas actuels en République Démocratique du Congo

Abstract

The principles and solemn declarations of independence of the judge abound. Judicial independence is an old debate about which all was said and who seem to be exhausted if daily life are continually bringing new light. Freedom is not an abstract concept, the independence of the judge either. In terms of texts in the Democratic Republic of Congo efforts were made to provide both an incentive to independence or reward of independence (I'm referring to the stability of the function, remuneration) and inciting sense of responsibility; as well some texts are still anachronistic and require rehabilitation given the challenges of the era. Politicians need to get used to the alternation and the peaceful transfer of political power, it would save us from having political regimes to dictatorial essence which are the basis of use the judiciary for political purposes. As for the independence of the judiciary from the crimes, Congolese judges of military and civil courts are competent to try military criminal or civil; However, this independence is limited by the politicians who in the name of peace, prevent judges to prosecute some criminals on the basis of political agreements with them. Freedom of expression which includes freedom of the press is one of the fundamental values of democratic society as well as the independence and impartiality of justice. The press is for litigants the supervisory body for the proper functioning of justice. But they should avoid communicating their opinion about current affairs, which could appear as a judgment before the hour.