Congo flag Congo: Entorn econòmic

Dret mercantil al Congo

Legal Framework

Independence of Justice
Although the constitution and law provide for an independent judiciary, political influence and corruption are still widespread. The constitution also provides for the right to a fair trial presided over by an independent judiciary, but it has been reported that authorities do not always respect such right. Furthermore, the judiciary is overburdened and poorly organized. According to Freedom House, defendants, including the government’s political opponents, are routinely denied due process, and arbitrary arrests and detentions are common. The constitution prohibits torture and inhuman or degrading treatment of detainees, however such provisions are frequently not respected.
Equal Treatment of Nationals and Foreigners
Foreigners cannot always expect an equal treatment.
The Language of Justice
French
Recourse to an Interpreter
Defendants have the right to be informed promptly and in detail of the charges, with free interpretation if necessary.
Sources of the Law and Legal Similarities
The legal system of the Republic of the Congo is based on French civil law and Congolese customary laws.
The formal sources of law in the Congo are the Constitution, legislation (ordinary and organic laws), international law, customary laws, judicial precedents, and publications by academic scholars.
Checking National Laws Online
Library of the U.S. Congress
Droit Afrique - Congo

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Actualitzacions: April 2022

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