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Act No. 13/013 of 1 June 2013 on the Status of National Police Career Personnel

EXPOSES OF MOTIFS

The Constitution of 18 February 2006, as revised by Act No. 11/002 of 20 January 2011, calls on the country in a dynamic that brings about a reform in several sectors of national life including the Police.
As a result of Act No. 11/013 of 11 August 2011 on the organization and operation of the Congolese National Police, this Act sets out the status of the professional staff of this Corps, providing it with a reorganized and functional framework adapted to the vision of the fundamental law. It takes into account the special conditions of the policeman’s work and grants it, in addition to basic treatment, social benefits, bonuses and allowances due to him in the course of his career.
This Act also makes public, civil, republican and professional service of the national police.
It includes 266 articles, divided into 7 titles:
Part I: General provisions;
Title II: Recruitment;
Title III: Rights, duties and incompatibility;
Part IV: Career;
Title V: Disciplinary and procedural regime;
Part VI: From the after-career;
Part VII: Final provisions.
This is the general economy of this Act.

LOI No. 13/013 of 1 JUNE 2013 PORTANT STATUT DU PERSONNEL DE CARRIERE DE LA POLICE NATIONALE

The National Assembly and the Senate adopted,
The President of the Republic enacts the following Act:

Part I: GENERAL PROVISIONS
Article 1
This Act provides for the status of the career staff of the Congolese National Police in accordance with Article 122.15 of the Constitution.
It determines the recruitment, advancement, rights and obligations of National Police career personnel.
It does not apply to the administrative staff of the National Police who remain subject to the status of the career staff of the State public services.

Article 2
The career staff of the Congolese National Police is called a Career Police.
Is a career officer any person recruited, trained and appointed to one of the ranks of the hierarchy of the career police officers of the National Police.
Recruitment and training of a person constitutes a provisional admission to the body of the Career Police.

Article 3
The Career Policing Corps includes the following categories:
1. Category A1: Police Divisional Commissioners;
2. Category A2: Police Superior Commissioners;
3. Category B: Police Commissioners;
4. Category C: Police Sub-Commissioners;
5. Category D: Police Brigadiers;
6. Category E: Police officers.
The recruit is called a police pupil.

Article 4
The distinguishing insignia attached to each rank within the National Police are determined in accordance with this Act.

Article 5
The distinctive insignia attached to the ranks of the Divisional Commissioners category are:
1. for the Chief Divisional Commissioner: four gold stars bordered on both sides by two crossed palms in their lower part, made of golden embroidery, all over purple-colored passers-by to wear on the shoulders, at the bottom the mention “PNC, terminal grade”;
2. for the Principal Divisional Commissioner: three stars of gold framed on both sides by two crossed palms in their lower part, in golden embroidery, all over purple-colored passers-by to carry on shoulders, at the bottom the mention “PNC, intermediate grade”;
3. for the Divisional Commissioner: two stars of gold framed on both sides by two crossed palms in their lower part, in golden embroidery, all over purple-colored passers-by to wear on the shoulders, at the bottom the mention “PNC, intermediate grade”;
4. for the Assistant Divisional Commissioner: one gold star framed on both sides by two crossed palms in their lower part, in golden embroidery, all over violet coloured passers-by to wear on the shoulders, at the bottom the mention “PNC, initial grade”.

Article 6
The distinctive insignia attached to the ranks of the Superior Commissioners category are:
1. For the Principal Commissioner: three heads of leopard, vertical line based on a royal blue passerby, to be worn on the shoulders, at the bottom the mention "PNC, terminal grade";
2. For the Superior Commissioner: two heads of leopard, vertical line based on a royal blue passerby to be worn on the shoulders, at the bottom the mention "PNC, intermediate grade";
3. for the Deputy Superior Commissioner: a leopard head resting on a royal blue passerby to carry on the shoulders, at the bottom the mention "PNC, initial grade".

Article 7
The distinctive insignia attached to the ranks of the Police Commissioners category are:
1. for the Principal Commissioner: three horizontal golden ribbons over black-colored passers to be worn on the shoulders, at the bottom the mention "PNC, terminal grade";
2. for the Commissioner: two horizontal gold ribbons on black-colored passers-by to be worn on the shoulders, at the bottom the mention "PNC, intermediate grade";
3. for the Assistant Commissioner: a horizontal golden ribbon over black-colored passers to be worn on the shoulders, at the bottom of the mention "PNC, initial grade".

Article 8
Separate insignia attached to the grades of the Sub-class Police Commissioners are:
1. for the Principal Sub-Commissioner: three horizontal white ribbons over brown-colored passers-by to be worn on the shoulders, at the bottom the PNC, terminal grade;
2. for the Sub-Commissioner: two horizontal white ribbons on brown-colored passers-by to be worn on the shoulders, at the bottom the mention "PNC, intermediate grade";
3. for the Assistant Commissioner: a horizontal white ribbon on brown coloured passers-by to be worn on the shoulders, at the bottom the mention "PNC, initial grade".

Article 9
The distinctive insignia attached to the ranks of the Police Brigadiers category are:
1. for Brigadier-chef: five V-shaped ribbons overturned over grey-colored passers-by to be worn on the shoulders, at the bottom the mention "PNC, terminal grade";
2. for the 1st class brigadier: four white V-shaped ribbons overturned over grey-colored passers to be worn on the shoulders, at the bottom the mention "PNC, intermediate grade";
3. for Brigadier: three white V-shaped ribbons overturned over grey-colored passers to be worn on the shoulders, at the bottom the mention "PNC, initial grade".

Article 10
The distinguishing insignia attached to the grades of the Police Officer category are:
1. for Principal Police Agent: two white V-shaped ribbons with grey-colored passers-by to be worn on the shoulders, at the bottom the mention “PNC, terminal grade”;
2. For the 1st Class Police Agent: a white V-shaped ribbon with grey-colored passers-by to be worn on the shoulders, at the bottom the mention “PNC, intermediate grade”;
3. for the 2nd class Police Agent: without any particular badge, passing from grey to wear on the shoulders, at the bottom the mention “PNC, initial grade”.

Article 11
The staff of categories A1 and A2 perform design and management jobs.
A1 staff is responsible for design, coordination, general control and research.
A2 staff is responsible for management, general administration, studies and advice, organization and monitoring and evaluation.

Article 12
Staff in category B have managerial or collaborative jobs.
These jobs consist of supervision, application and animation.

Article 13
Personnel in categories C, D and E are engaged in executing jobs.
Category C staff are responsible for performing specialized tasks, intellectual and technical benefits.
Staff in category D are responsible for performing non-specialized tasks, technical and manual services.
Staff in category E shall be assigned no special qualifications.

Title II : DU RECRUTEMENT

Chapter 1: Terms and conditions
Section 1: Arrangements
Article 14
Any recruitment in the National Police is intended to provide for budgetaryly planned employment and is included in the job catalogue and organic tables.

Article 15
A decree of the 1st Minister, deliberated in the Council of Ministers, sets the strength of the national police, on the proposal of the Minister having the Internal Affairs in his office, after the advice of the Superior Council of the Police.
This Decree determines the equalizations within the police units as well as the staffing requirements and distribution of the substantive units of the National Police.

Article 16
Recruitment in the National Police takes place through competitions, either internal or direct, according to the needs expressed under the annual budget, taking into account the balance between the Provinces, gender and specific equalizations within the services and units.
Recruitment through internal competitions is open to a career officer to access any category or specialization.
Recruitment through direct or external examinations is open to any candidate of Congolese nationality for admission to the corps of career police officers.

Section 2: General conditions
Article 17
No one may be recruited into the National Police if the following general conditions are met:
1. be of Congolese nationality;
2. be at least eighteen years of age and not more than thirty-five years except for the exceptions set out in this Act;
3. be single;
4. be of good morality;
5. enjoy the fullness of its civic rights;
6. have not been sentenced to a custodial sentence of three months of primary criminal servitude or revoked from the administration or public enterprise;
7. not belonging to any political party or political grouping, unless it has resigned prior to the filing of its candidature;
8. provide an extract of the valid criminal record;
9. provide the required school titles;
10. be recognized physically and mentally fit;
11. be placed in order for the recruitment examination.

Article 18
The Minister having internal affairs in his or her powers, after the advice of the Higher Council of the Police, may grant exemptions as to the age and civil status set out in paragraphs 2 and 3 of article 17 above.

Article 19
There can be no discrimination between candidates because of their sex, ethnicity, tribe, province of origin and their political, philosophical or religious opinions.

Rule 20
No one may be recruited into the National Police if he is a member of a police, army or foreign administration or if he has acquired a foreign nationality.

Article 21
No one can compete more than three times at the same contest.

Article 22
The conditions for the number, nature, procedure of the examinations and the composition of the jury of all external or internal competitions are set by Order of the Minister having internal affairs in his or her powers.

Article 23
The programmes of the courses and trials organized in the Police Academy and their equivalences with those of other institutes or universities are fixed by the Minister with higher and university education in his or her powers, after the advice of the Minister with internal affairs in his or her powers.

Chapter 2: Special conditions
Section 1: Implementing jobs
Article 24
Recruitment in the context of job implementation is carried out at three different levels:
1. at the E level:
on direct examination open to candidates of at least 6 years of secondary education;
2. Level D:
on internal competition open to Principal Police Officers with a minimum of 3 years in grade;
3. level C:
- on direct competition open to holders of a State degree or a degree recognized equivalent by the Ministry of Primary, Secondary and Professional Education;
- on internal competition, open to Brigadiers in Chief with a minimum of 3 years in the rank, as well as to any Policier, holder of a state degree or a degree recognized equivalent by the aforementioned Ministry.

Rule 25
The candidate who has met the 2nd class Police Agent contest is called a police pupil.
He is admitted to a police school for a period of 12 months after which he obtains a Patent and is appointed Police Officer of 2nd class. It is the subject of an assignment.
The candidate who has not met the final examination is returned ex officio from the National Police.

Rule 26
The candidate who met Brigadier's competition is called a brigadier student.
He is admitted to a police school for a period of 9 months after which he obtains a Police Agent Patent and is appointed Police Officer of the 2nd class. It is the subject of an assignment.
The candidate who has not met the final exam retains his or her former grade and is subject to assignment.

Rule 27
The candidate who has met the Sub-Commissioner ' s examinations and who has completed the training is called a student Sub-Commissioner.
He is admitted to a police school for a period of 24 months after which he obtains the Police Assistant Commissioner’s Patent. He is appointed Assistant Commissioner and is subject to assignment.
The candidate from the internal competition who has not met the final training examination of the Assistant Commissioner, retains his or her former rank if he was from Brigadier’s category and is subject to assignment.
The candidate from the external examination who did not meet the final training examination of the Assistant Commissioner was appointed Police Brigadier and was assigned a posting.

Section 2: Framework or Collaborative Jobs
Rule 28
Recruitment in managerial or collaborative employment is done through internal or external competitions at the C level.

Rule 29
The Commissioner candidate is recruited through direct or external competitions open to graduates at least or a degree recognized as equivalent by the Ministry of Higher Education and University.

Rule 30
Recruitment through internal competition is open to the Principal Sub-Commissioners with a minimum of 3 years in the grade or to any other Policerer with a graduate degree at least or a degree recognized as equivalent by the Ministry of Higher Education and University.

Rule 31
The candidate who has met the Commissioners' competitions that integrate the training is called a student Commissioner.
He is admitted to the Police Academy for a period of 24 months after which he graduated from Police Commissioner and was appointed Deputy Commissioner. It is the subject of an assignment.

Rule 32
The candidate from the internal competition who has not met the final training examination shall retain his or her grade and be assigned.
The candidate from the external or direct examination who has not met the final examination is appointed Deputy Commissioner of Police and is subject to assignment.

Section 3: Design and Management Jobs
Rule 33
Recruitment in design and managerial jobs is carried out only through internal competitions at category B level.
It is open to Principal Commissioners with a three-year seniority in the rank.

Rule 34
The candidate who has met the High Commissioner's competitions and who follows the training is called the High Commissioner.
He is admitted for a period of fifteen months in a police training structure, after which he is appointed Deputy Superior Commissioner.
The person who has not met the final examination retains his or her grade and is subject to assignment.

Section 4: Special Jobs
Rule 35
The National Police may, for its operation, recruit individuals with specific degrees or qualifications.
The recruitment of these persons is carried out through internal or external examinations as required.

Rule 36
The recruitment of health professionals and engineers is done through external competitions.
It is open to holders of a professional degree in health or engineering from a registered public or private institution and recognized by the relevant services.
The doctor candidate, who graduated from a foreign university recognized by the Government of the Congo, must also have a certificate of tropical medicine.

Rule 37
The candidate who has met the contest belongs to the administrative staff of the National Police.

Rule 38
Recruitment for specific jobs, including air, river, lake or maritime personnel, is carried out through internal competitions.
The candidate must meet the specific requirements of each specialty.
The successful candidate is subjected to training in a specialized school in the Democratic Republic of the Congo or abroad.
In the event of a deficiency, an external competitive examination is undertaken. The candidate who has met the competition is conducting a nine-month training course in a police training structure.
It is incorporated in the category corresponding to the qualification level obtained and governed by this Statute.
The successful completion of a specialized training is mandatory for at least 5 years in the National Police.

Rule 39
The National Police may, for specific purposes, request the detachment of an officer from another public service.
The career police officer shall exercise the powers conferred by the Laws and Regulations of the Democratic Republic of the Congo in matters of administrative police and judicial police.

Title III: RIGHTS, DISCUSSION AND INCOMPATIBILITES

Rule 40
Without prejudice to the human rights, fundamental freedoms and duties of the citizen provided for in the Constitution, the career staff of the National Police shall enjoy the rights and shall be subject to the duties and incompatibility set out in this Act.
The rights and obligations applicable to National Police career staff are subject to the specific conditions in which the service is performed.
On the proposal of the Minister having internal affairs in his office, a decree of the Prime Minister, deliberated in the Council of Ministers, sets the code of ethics of the police officer.

Chapter 1: Rights
Rule 41
Every Career Officer has the following rights and benefits:
1. Protection in the performance of its functions;
2. a hardship allowance.

Rule 42
The protection of the Police officer in the performance of his or her duties is defined in a legal, judicial, social and financial protection set out in this Act.

Rule 43
The hardship allowance is defined as a payment of a monthly financial allowance to the Policier for its permanent availability.

Rule 44
The police officer is entitled, in accordance with the rules established by the Penal Code and the special laws, to protection by the State, against threats, insults, defamations or attacks of any kind, of which he may be subject in the exercise or during the exercise of his or her functions.
To this end, the State guarantees judicial assistance to assert its rights and is obliged, if any, to remedy the harm caused by it.
The State is subrogated to the rights of the victim Policier to obtain from the perpetrator of the threats, insults, defamations or attacks, the restitution of the sums paid to him.

Rule 45
The Police Officer has the right to defend the social demands of the police function as part of a representation of the staff.
As such, it is established within the National Police of Staff Representations at both the national and provincial levels.
The organization and functioning of these representative bodies are determined by the Order of the Prime Minister, deliberated in the Council of Ministers.

Rule 46
The right to strike is prohibited for career staff
National police. However, where the Police Officer considers himself to be injured in his rights by an act of his supervisor, two avenues of appeal are open to him: administrative appeal and judicial remedy.
The administrative remedy shall be sent to the Minister with internal affairs in his or her powers. It is subject to the prior exercise of gratis and hierarchical remedies, in accordance with the established administrative procedure.
In the event of a failure of the administrative remedy, the Police Officer may make a judicial remedy by seizing the competent courts in the event of the annulment of the claim.

Chapter 2: Duties
Rule 47
The Police Officer is obliged to personally and conscientiously perform all service obligations that, under his or her functions, are imposed on him by the Laws and Regulations in force.

Rule 48
In carrying out his missions, the Police must respect and protect human dignity, defend and protect human rights, humanitarian law and the fundamental rights and freedoms of the individual, in accordance with existing national and international standards.
It must pay particular attention to the protection of the rights of vulnerable persons, women and children at all times and in all places.
It may not engage, inflict, provoke or tolerate acts of torture, cruel, inhuman or degrading treatment or punishment for any reason.

Rule 49
The Police Officer is obliged, under any circumstances, to safeguard the interests of the Nation. As such, he undertakes, under oath, to serve with loyalty, devotion, integrity, dignity and respect for the human rights and freedoms of citizens, in accordance with the laws and regulations of the Republic.

Rule 50
Without prejudice to the provisions of the Penal Code relating to professional secrecy, any Police Officer shall be held in secret and professional discretion for all matters relating to documents, facts and information, of which he or she is aware in the exercise or exercise of his or her functions, and which are of a secret nature or by the requirements of the hierarchical authority.
The obligation of professional secrecy and discretion does not preclude the denunciation, by the Police officer, according to criminal law, of the offences which he or she is aware in the performance of his or her duties, or of the obligation to testify which may be made by the judicial authority or the competent authority.
Any deletion or unauthorized communication of service documents to third parties is formally prohibited.

Rule 51
The Police Officer is obliged, under any circumstances, to perform his duties impartially and without any discrimination against any person.
He is also held in courtesy in his relations with the public, with the civil and military authorities, with his superiors, with his colleagues and with his subordinates.
It refrains from any act, speech or attitude, in service or in its private life, which could affect the good name of the institution, the trust of the public or compromise the honour or dignity of its police quality.

Rule 52
In the exercise or during the exercise of his or her functions, and even outside of them, it is prohibited for the Policier, under penalty of judicial proceedings, to solicit or accept, directly or by person interposed, gifts, gratuities or other benefits for the service he or she is required to render.
It is also prohibited to decide on any matter of treatment and solution to which it has a personal interest or to which the spouse, parents or allies have an interest.

Rule 53
In the performance of his duties, the Police Officer is required to wear the uniform of his unit, service or specialty, except in cases where he is called to presume in civil suit.

Rule 54
The Police Officer is required to undergo an annual medical check in charge of the National Police Medical Service.

Chapter 3: Incompatibility
Rule 55
The Policer shall not engage in any activity contrary to the Constitution, the Laws of the Republic and the Rules Governing his profession.
Rule 56
It is incompatible with the quality of Policier any occupation, even accessory, exercised either by the interested person himself or by an interposed person, which would be of a nature to harm the fulfilment of the duties of the function, the dignity of the latter or to subject morally or materially the Policier to private interests.

Rule 57
The Policier is prohibited:
1. to make trade directly or indirectly, to personally engage in management or administration, either of a company or of a commercial or industrial establishment;
2. accept any legislative mandate or other public mandate;
3. to join a political party, a group or a political association;
4. to participate in any political meeting;
5. publicly express its political opinions.

Rule 58
The Police Officer is held at the duty of reserve.
It is prohibited to:
- to publish a newspaper or any other periodical of any kind, to contribute to its administration or regular drafting, without prior authorization from the Commissioner General of the National Police;
- to publish articles or to publish books, without the prior authorization of the Commissioner General of the National Police, except for works of a scientific, academic and professional character.

Rule 59
The Police officer who, intentionally, by negligence or imprudence, breaches his professional duties or places himself in one of the cases of incompatibility, is liable to disciplinary punishment, regardless of the penalties provided for in the Act.

Part IV: DE LA CARRIERE

Chapter 1: General principles
Rule 60
A Policier’s career is between the date of the signing of the appointment and the day of the final separation of services.
However, the time spent during the initial training is considered to be part of the career.

Rule 61
Each Career Officer follows, prior to his assignment, a training organized by the National Police.
Upon completion of this training, he is appointed and assigned to a unit, service or specialty based on his or her skills, abilities and needs.

Rule 62
There are two types of careers: normal or hierarchical career and flat career.
Performs a normal or hierarchical career, the Policerer who can participate in the advancement in rank by successive promotions in the hierarchy of ranks and jobs;
Performing a career passes the police officer who, under the particular nature of his job, has a vocation to exercise the same orders of office at all times.
A decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister having internal affairs in his office, determines the jobs referred to in paragraph 3 of this article.

Rule 63
The Career Officer shall exercise his powers in accordance with the Constitution, the laws and regulations of the Republic.

Rule 64
Prior to his appointment, the Career Officer shall, before the Minister having internal affairs in his office or his Delegate, take the following oath:
“I swear to the Congolese Nation to obey the Constitution, the laws and regulations of the Democratic Republic of the Congo.
I pledge to ensure public safety, security of persons and their property, the maintenance and restoration of public order and the protection of institutions. »

Chapter 2: Employment, assignment, commissioning and acting
Section 1: Employment
Rule 65
Employment is the organically planned, budgeted and assigned function to the Policier.
The hierarchy of jobs corresponds to that of grades. However, in certain circumstances, the function is premium on the grade.
The jobs and their hierarchical order are determined by the Prime Minister's Decree, deliberated in the Council of Ministers, on the proposal of the Minister having internal affairs in his office.

Section 2: From
Rule 66
The assignment is a job designation.
The assignment is, as the case may be, an Order, Order, Order, Ministerial Order or Decision.
Any Police Officer may be appointed to a position higher than that corresponding to his grade. This designation gives the advantages attached to the function.
The assignment to higher-level employment should be limited to cases of extreme necessity and can only be decided by the Minister with internal affairs in his or her responsibilities. The competent authority referred to in paragraph 2 of this Article shall be informed of this.

Rule 67
Without prejudice to the provisions of article 81, item 2, of the Constitution, the President of the Republic shall appoint, and, where appropriate, shall revoke, on the proposal of the Government, deliberated in the Council of Ministers, the Superior Council of Defense heard, after the advice of the Superior Council of the Police:
1. the Commissioner General of the National Police;
2. Assistant General Commissioners;
3. the Inspector General;
4. Assistant General Inspectors;
5. the Director General of Training Schools and his Assistants;
6. Directors and Heads of Central Services and their Assistants;
7. the Permanent Secretary of the Police Superior Council;
8. Provincial Commissioners;
9. Assistant Provincial Commissioners;
10. National Specialized Training Officers and their Assistants.

Rule 68
Without prejudice to the provisions of article 92 of the Constitution, the Prime Minister shall appoint, by decree deliberately in the Council of Ministers, jobs other than those provided by the President of the Republic:
He may delegate some of his powers to the Minister with internal affairs in his or her powers.
A by-law of administration, taken by decree, sets out the terms and conditions.

Section 3: Of commissioning and of the interior
Paragraph 1: Of the commissioning
Rule 69
The commissioning is the legal act by which the competent authority assigns to a Police officer of category A2, B, C or D a job greater than that attached to the grade of which it is applied.
It is also a legal act by which the competent authority assigns it an immediately higher rank, in the interest of the service and in accordance with the conditions set out in this Act.
The commissioning has a temporary character. It is granted to the Policier who does not fulfil all the conditions required to be appointed, in order to allow him to perform functions above his rank.

Rule 70
No one can be commissioned at a grade of the Divisional Commissioners category.
No one can benefit from a commissioning if he is not appointed to the rank immediately below. Similarly, he cannot benefit from commissioning if he has not completed at least two years of seniority in the rank of appointment.
Double commissioning is forbidden.

Rule 71
Subject to the provisions of section 73 (1) of this Act and on the proposal of the Commissioner General, the President of the Republic informed, the Minister having internal affairs in his or her powers may commission the Police officer of categories A2 and B.
Upon the proposal of the Assistant Commissioner General for Support and Management, the Minister having internal affairs in his or her powers informed, the Commissioner General may commission the Officer of categories C and D.

Rule 72
The Policier commissioned at a higher rank participates in promotion movements with those who have the same seniority as him in the rank to which he was commissioned.

Rule 73
The Higher-ranking Officer under the above-mentioned articles may be appointed to that rank with retroactive effects on the date of commissioning provided that he has completed the desired seniority.

Rule 74
The Policier may be commissioned, on an exceptional basis, to a higher grade for study purposes, provided that it has completed at least two years in the rank of appointment.

Rule 75
The commissioning gives the beneficiary the right to enjoy the benefits attached to the occupied function as a result of the commissioning, including:
a. the grade port of this function;
b. function bonuses;
c. the acquisition of a seniority in the rank compared to other Policiers having the same seniority in the rank of appointment;
d. appointment in grade after six months.

Rule 76
The Policier commissioned at a higher grade may be decommissioned within six months if it is deemed:
1. Unfit for the performance of its new functions;
2. Unworthy in his behaviour or manner of service.
As a result, it loses the advantages attached to commissioning.
Its progress file is not considered within six months of the decommissioning.

Paragraph 2: From the inside

Rule 77
The interim is the time during which a function is temporarily performed by a person other than the person who is absent or prevented. It ends the reappointment of the incumbent.
When the licensee is absent or prevented and has a deputy, the deputy automatically assumes the interim.
The Presequent Assistant assumes the interim when the licensee is assisted by more than one Assistant.
In case there is no deputy, the interim is assumed by a manager designated by the manager of the incumbent.
The interim may not exceed six months. After this period, the appointing authority shall appoint that position.

Chapter 3: Grade and seniority
Section 1: Grade
Rule 78
The grade is the title that places the Police Officer at a hierarchical level of the Corps, within a category and empowers him to exercise the responsibilities attached to the corresponding job.

Rule 79
The grade is conferred according to the number of jobs provided in the National Police’s organic table.

Rule 80
The appointment is the act by which the competent authority sets the rank of the Policerer in the hierarchy.
It has a final character, except in the event of a disciplinary sanction for demotion or revocation.

Rule 81
The following rights and prerogatives are attached to the rank:
1. the right to appellation, to honors, to the port of insignia, of rank and uniform;
2. the corresponding treatment;
3. the right to seniority and advancement;
4. social benefits as defined in Chapter 2 of this title.

Section 2: Seniority
Rule 82
There are three kinds of seniority:
1. seniority in service;
2. seniority in the rank;
3. relative seniority.

Rule 83
The seniority in the service is the time spent by the Policier since the date of its provisional admission.

Rule 84
The seniority in the rank is the actual service time passed by the Policier in this rank. It is determined by the date of appointment.
However, appointments with retroactive effect are allowed in the case of a remediation decision by the administrative authority. This rehabilitation can only take place after the opinion of the commission established for this purpose. In this case, seniority takes effect from the date indicated in the act of rehabilitation.

Rule 85
The relative seniority is the rank of the Policiers appointed at the same date and at the same grade. It is determined by the order in the act of appointment.

Rule 86
The relative seniority as well as seniority in the rank and service of the police officer is deducted:
1. any period of availability other than availability for health reasons;
2. half of the time available for health reasons, if the availability finds its origin in a non-service fact.

Section 3: Progress
Rule 87
The progress is defined by:
1. the passage from one category of Policier’s body to another;
2. passing from one grade to another;
3. the increase in salary treatment.
The advancement in category or grade is carried out in the form of promotion.

Paragraph 1: From advancement to category
Rule 88
The category is the ranking of Policiers according to their grades and jobs.

Rule 89
The progress by category change is to move from a lower category of the Policing Corps to the immediately higher category.
Except for the A1 membership, no one can pass from one category of the Policing Corps to another if he is not a required professional diploma.
The class advancement is decided by the competent authority as soon as the conditions for access are met.

Rule 90
The advancement of category A1 is open to the Principal High Commissioners by appointment of the President of the Republic, on the proposal of the deliberate Government in the Council of Ministers, the Superior Council of Defense heard.

Rule 91
The advancement of category A2 is open to Principal Commissioners with a seniority of at least 3 years in this rank, and holders of a Police Commissioner’s degree from the Police Academy or a foreign police school, recognized as equivalent by the Minister with internal affairs in his duties.

Rule 92
The advancement of category B is open to the Principal Sub-Commissioners with a seniority of at least 3 years in this rank, and holders of a Patent of Police Sub-Commissioner issued by the Police School or a title issued by a foreign police school, recognized as equivalent by the Minister having internal affairs in his office.

Rule 93
The advancement of category C is open to Brigadiers-en-Chefs with a seniority of at least 3 years in this grade, and holders of a Police Graduate Patent issued by the Police School or a title issued by a foreign police school, recognized as equivalent by the Minister with internal affairs in his duties.

Rule 94
The progress in category D is open to Principal Police Officers with a seniority of at least 3 years in this grade and holders of a Police Agent Patent or a title issued by a foreign police school recognized as equivalent by the Minister with internal affairs in his duties.

Paragraph 2: Progress in grade
Rule 95
The grade advancement is for a Policier to move from one rank to another immediately superior within one category. It is linked to job vacancies, competence and seniority.
The advancement in grade takes place twice a year, January 1 and July 1.
However, promotions granted at the end of one of the trainings are carried out on the first day of the quarter following the date of proclamation of the results.

Rule 96
Without prejudice to the provisions of articles 81 and 92 of the Constitution, promotions at the higher level are pronounced, after the advice of the Police Superior Council, on the basis of an annual progress table proposed by the Commissioner General of the National Police, taking into account the information provided by the Director of Human Resources, in accordance with the rules for the distribution of staff within each job.
The provisions of this article shall also apply to the Inspector General for the staff at his disposal.

Rule 97
The nomination for advancement in grade is reviewed by a commission established by the Commissioner General.
This review is based on the Policier file and its annual evaluation notes.

Rule 98
The Grade Progress Commission includes:
- three delegates from the Ministry of Internal Affairs;
- delegates from all structures of the National Police.


Rule 99
To be promoted to the higher rank within the same category, the Policier must:
1. be in a position of activity or detachment;
2. have the required seniority of three years in the grade;
3. have, at the proposal year at the higher grade, obtained in three consecutive years, an average of 7/10;
4. be listed on the annual grade promotion table.

Rule 100
No one may be appointed to the first rank of a National Police job if he is not a graduate of the National Police School or a foreign police school, recognized as equivalent by the Minister with internal affairs in his duties.

Rule 101
The Policier, who, on three occasions, is not considered fit by the commission of advancement to the appointment to the higher rank, can no longer participate in the advancement; Decision is notified in writing.
However, the Police Officer may, by way of a hierarchical approach, appeal to the appointing authority. In the event of a rejection of the appeal, the Policier has the choice between pursuing his career at the detainee grade or resigning.

Rule 102
The police officer may be promoted with retroactive effect:
- if it is resumed after availability, with the exception of the Policier who has not met the studies;
- if suspended and the suspension has been converted to activity;
- if the examination of its application has been delayed for reasons due to the administration.
The retroactive appointment is entitled to the recall.


Rule 103
The hierarchy of ranks in the various categories of the Career Policing Corps, the conditions of advancement by category change and advancement in grade are set out in this Act.

Rule 104
Grade advancement is achieved by appointment or commissioning.

Paragraph 3: Increase in treatment
Rule 105
The increase in treatment consists of an annual increase added to the initial treatment. It is automatically granted to all police officers except those whose last report is "good enough" or "poor".
The rate of the annual increase is 3%, 2% or 1% of the initial treatment, depending on whether the policeman obtained "elite", "very good" or "good".
The annual salary increase is granted on January 1 or July 1.
These include the duration of the services performed and the duration of actual service periods.
The age, from the treatment point of view, is calculated from the appointment, promotion or maturity date of the previous annual increase.

Chapter 4: Evaluation
Rule 106
The Policier is appreciated by the following hierarchical authority:
1. its moral, intellectual and professional qualities;
2. his physical ability;
3. its way of serving for a specified period of time;

4. its ability to hold higher-level jobs immediately and later.

Rule 107
The Police Officer is noted by his supervisor.
Notation is mandatory for any Polish subject to this status.
Its purpose is to clarify the Administration on the integrity, social sense, competence and professional awareness of the Policier.
It's assigned every year.
The competent supervisor prepares a bulletin that outlines the functions of the Police Officer during the past year and how they serve. He suggested that the merit he felt should be attributed to the Policier.
The appreciation of merit is synthesized by one of the following mentions: "Elite or 9/10", "Very Good or 8/10", "Good or 7/10", "Enough Good 5/10", "Mediocre or less than 5/10".

Rule 108
The Commissioner General shall set annual deadlines for the submission of notices to the receiving authorities.

Section 1: The periodicity of notation
Rule 109
National Police career staff is noted at least once a year.

Rule 110
The annuality of the rating does not necessarily coincide with the calendar year. It covers the observation period that extends from the date of the final rating to the date of the new rating.

If, during this period, the Policier is assigned elsewhere, it is the subject of a new notation which is transmitted with its file to its new hierarchical chief. The period then extends from the date of the last rating to the date of the assignment.

Section 2: Communication, rating and appeal
Rule 111
The rating sheet is communicated to the Policier who signs it and returns it within 15 days of reception.
The original is filed on the record of the individual, while the copy is forwarded to either the Commissioner General for Central Directorates and Services or the Commissioner Provincial for Services under his jurisdiction.

Article 112
In the event of a refusal to sign, the note author registered on the last sheet, the mention “has refused to sign his notation sheet”, then forwards the document to the authority provided for in section 106 of this Act, a copy reserved to the Policier.
It is permissible for the police officer to introduce, by way of hierarchy, within eight days of receipt of a copy of the notation, an appeal against appreciation of merit.
The appeal, together with the opinions of the superiors of the Police Officer, shall be transmitted to the competent authority for the final attribution of the evaluations.
No one can oppose the transfer of an appeal brought by the Policier under penalty of disciplinary sanctions.

Article 113
The relevant hierarchical authority examines the appeal and decides. It may eventually receive the applicant Policier.
The final award decision is not subject to appeal.

Article 114
The rating sheet returns to the author of the note that classifies it in the Policier file after the Policier became aware of it.

Rule 115
The provisions of this chapter apply mutatis mutandis to Policiers assigned to the General Inspectorate.

Chapter 5: Positions
Article 116
The Policier is placed in one of the following positions:
1. in activity;
2. in non-activity;
3. detachment;
4. Out of frame.

Section 1: Activity
Article 117
The activity is the position of the Policer who actually performs the functions of one of the jobs corresponding to his rank or a job that can be entrusted to him or who performs an official mission.
Also considered as service activities:
1. leave;
2. permissions;
3. captivity;
4. preventive detention in the event that the suspension by order has not been pronounced;
5. official missions;
6. travel or study trips made in the interest of service on or outside the national territory.

Article 118
All active police officers are entitled to:
1. to a replenishment leave of thirty working days per full year of service. The replenishment leave is taken every year according to the suits of the Policier and the necessities of service. The Policier may defer the following year the annual leave that he was unable to take in the current year. This report cannot be extended to the third year. The length of leave is increased from the time normally necessary for the individual to travel and return from the place of service to the place of convenience.
At the beginning of the career, replenishment leave is granted only after an effective year of service.
Before 1 January of each year, the Commissioner General of the National Police draws, taking into account the information provided by the various services, the annual leave table so that their grant is consistent with the needs of the service.
2. sick leave of less than six months granted in case of illness or accident duly recognized by a medical certificate issued by the competent physician;
3. leave or leave of circumstance that can only be taken at the time of the event that justifies them. These leave shall be granted as follows:
a. Agent marriage: 3 working days;
b. birth of the child: 4 working days;
c. child marriage: 2 working days;
d. death of the spouse, of an ascendant or descendant to the first degree: 6 working days;
e. death of a parent or 2nd degree: 3 working days;
f. moving: 3 working days.

Rule 119
Policière is entitled to maternity leave.
The duration of this leave is fourteen consecutive weeks, eight weeks after delivery.
The leave is granted on presentation of a medical certificate indicating the likely date of delivery.
She is also entitled to a breastfeeding rest of one hour per day during the required period.

Rule 120
In the event of extreme necessity, leave under section 118 may be postponed and the Police Officer on leave may be recalled. In the latter case, it retains the benefit of the days not taken.

Rule 121
The number of Policiers on leave is limited to the tenth of the Policier staff of the same rank of each of the services or specialties.
Upon the expiration of the leave, the Policier shall re-occupied his employment.

Section 2: Non-activity
Paragraph 1: From availability
Article 122
The Police Officer may be made available on an ex officio basis for illness or infirmity, when he or she has obtained sick leave for a period of twelve consecutive months for a total period of six months and is not able to resume his or her service on the expiration of his or her last leave.
The duration of the availability may not exceed two years. In this case, the Policier received, during this period, half of its salary plus all the social benefits allocated during the course of a career.
Beyond this period, if the Policier is still not able to resume the service, he is retired from office.

Article 123
Availability at the request of the Police Officer may only be granted if he has completed at least five years of active service without interruption and for the following cases:
1. to conduct studies, research or internships in the Democratic Republic of the Congo or abroad, with a general interest in the country;
2. for social reasons.
The duration of the availability is five years maximum, renewable once.
Upon the expiration of the period of availability, the Policier reintegrates the service or resigns.

Rule 124
The Policier is available upon request and is entitled to:
1. In the event that the availability has been made to allow the agent to conduct studies or research in the general interest of the country, the Policier receives a quarter of his salary plus social benefits. The duration of the availability is included in the time of service for grade and treatment advancement as well as in the duration of the career;
2. in the event that availability has been pronounced for social reasons:
(a) in the case of a replacement spouse, the Police Officer shall receive a quarter of his or her salary for one year provided that no assignment is found instead of the new spouse’s home position;
(b) The Policer shall receive half of his salary plus social benefits for a period of one year, when he or she accompanies his or her minor spouse or child in a place of hospitalization or treatment.

Paragraph 2: From the suspension
Rule 125
The Police officer who, on the basis of sufficiently serious evidence, is presumed to have committed a fault in the performance of his duties, may be suspended immediately. In this case, suspension of duty is not a disciplinary sanction, but a preventive and conservative measure taken in the interest of the service.
This measure does not result in the deprivation of treatment or the deprivation of social benefits.

Rule 126
The suspension measure shall be approved or rejected by the hierarchical authority immediately greater than the one that issued it and the date of notification to the interested party.
If the measure is rejected or if no response has taken place within 30 days, the suspension becomes null and void and the suspended Policier resumes its service and is restored to its rights with respect to its career.
If the measure is confirmed, a disciplinary action is immediately opened and must be closed within 3 months if the action is not terminated.
In any case, the suspension measure may not exceed 3 months.

Article 127
When legal proceedings are brought against the Police Officer for the acts against which disciplinary action is initiated, the closing of the disciplinary action may be postponed until the judgment is pronounced and in this case, the length of the suspension of duty may exceed three months, resulting in the deprivation of basic treatment.
The Policier nevertheless retains the benefit of social benefits.
However, where the prosecutions are terminated, either by a classification without further action or by acquittal, the Police Officer is reinstated in all his rights in respect of both career and retroactive remuneration on the date of the suspension, subject to the application of the disciplinary penalties provided for in this Act.

Section 3: Detachment
Rule 128
The detachment is the position of the Policier who, as the case may be, is authorized by the competent authority to work outside its original administration, including in administrative jobs in the Democratic Republic of the Congo within Scientific Institutes, Regies, Offices or Organizations created by the State, within the Universities and Higher Institutes of the Republic, within the Organizations of Civil Interest, with the public interest,

He continues to enjoy his rights in advance and retirement in his original Corps.

Rule 129
The detachment is granted only when the intended function prevents or is incompatible with the performance of the original job.
The detachment makes the job occupied by the Policier vacant.

Rule 130
The duration of the detachment may not exceed five years. It is renewable once in the interest of the service.
However, no more than two successive detachments can be granted.
The Spaniard ceases to be reassigned by his original Administration. He is paid by the body to which he is seconded.

Article 131
The Spaniard is exempt from the provisions of this Agreement Reporting, Leave and Disciplinary Act.
The time spent in the detachment position is taken into account in the duration of the career.
Upon the expiration of the detachment, the Police officer is relocated from office to duty and is relocated.
When the detachment is interrupted as a result of a breach committed prior to the detachment, the Policier may only be relocated to the position of activity after the completion of the disciplinary procedure opened to his or her office.

Rule 132
For the duration of his detachment, the Policier is governed by the following principles and rules:
1. the rating and disciplinary regime are based on the specific criteria of the detachment body; the notes and acts related to this notation shall be transmitted by way of hierarchical or diplomatic channels to the Administration of origin;
2. in the event of a disciplinary penalty incurred by the Police officer in detachment, the detachment body is required to inform the Authority of origin by sending an amplification of the act.

Section 4: Out of position
Article 133
The off-frame position is that of the Career Officer who, placed in detachment, requests to remain there after the legal period.
In this position, the Policier ceases to appear on the list of seniority, to benefit from rights in advance and to acquire pension rights. It is subject to the statutory and pension plan governing its function.

Rule 134
The Police Officer in the off-frame position may apply for reintegration into the National Police if he has not yet reached the retirement age.

Chapter 6: Compensation
Rule 135
The remuneration of the Policier includes treatment, family allowances and bonuses.
It is paid on the last working day of the month for which it is due.
It is based on the rank, level, qualification or title held, or the employment to which the Policier was appointed.
The family allowances referred to in paragraph 1 of this section are determined in sections 140 to 143 of this Act.

Rule 136
Treatment is subdivided into initial and acquired treatment.
The initial treatment is the one attached to a grade. It is determined by reference to the indiciary scale of base salary set out in the schedule to this Act.
Acquired treatment is the initial salary plus annual increases resulting from salary advancement.
The amount of the initial treatment corresponding to each grade is taken from the baremic table.
This is affected by an adjustment coefficient varying from the cost of life.
This coefficient is decided by the decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister having internal affairs in his office, on the basis of an indiciary scale of 1 to 10.

Rule 137
The premiums are monetary supplements to the treatment, intended to repay the Policier who performs certain functions or performs certain specific benefits.
These include:
1. the command or function bonus;
2. the risk premium;
3. the interim bonus;
4. the specialization bonus;
5. the diploma;
6. the distance bonus;
7. the formator bonus;
8. the inspectors’ bonus;
9. the bonus of litigation;
10. the cash bonus;
11. the hardship allowance.
On the proposal of the Minister with internal affairs in his or her powers, the rates, conditions and modalities for awarding bonuses are set by decree of the Prime Minister, deliberated in the Council of Ministers.

Article 138
Compensation deductions may only be made for punishments accompanied by temporary cessation of activities or disciplinary measures, including the loss, diversion, theft, dissipation or deterioration of State-owned equipment.
A decree of the Prime Minister, deliberated in the Council of Ministers, sets the rate and procedure.

Chapter 7: Social benefits
Article 139
The Policier benefits from:
1. family allowances;
2. the housing allowance;
3. health care and pharmaceutical costs;
4. installation costs;
5. compensation;
6. Representation allowances;
7. transportation and travel costs;
8. the disability allowance;
9. Funeral fees.

Section 1: Family allowances
Rule 140
The police officer benefits from family allowances.
Online account for the award of family allowances:
1. the spouse;
2. children born in and out of wedlock;
3. the children adopted by the Police;
4. children whose guardianship or legal paternity is the Police;
5. children for whom the Police officer is responsible for food in accordance with the provisions of the Family Code.
A child comes online if he is single and:
- until its majority in general;
- up to the age of 25, if he studies in a full-service institution;
- without age limit, when he is unable to exercise a lucrative activity because of his physical or mental state and the Policier maintains it.
Do not take into account, the minor child engaged in the bonds of a labour or apprenticeship contract that gives him the right to normal remuneration.

Article 141
When the child giving rise to the allocation of the family allowance ceases to meet the conditions set out in the preceding section, the Police Officer is required to notify the authority that administers the allowance within three months.
After this period, a deduction will be made on its treatment of unduly collected amounts.

Article 142
The family allowance takes effect on the 1st day of the month in which the event takes place, if it is located after the Policier entered the Corps.
It is due, acquired for any month started and liquidated at the same time as treatment.
When the same child enters into a dual title in order to grant the family allowance, it is granted to the household head or only to the child who has the effective charge.

Rule 143
The rate and modalities for the granting of family allowances are set out in the Order of the Prime Minister, deliberated in the Council of Ministers.

Section 2: Housing allowance
Article 144
The Policier receives a monthly liquidated housing allowance.

Section 3: Health Care and Pharmaceutical Fees
Rule 145
The health care and pharmaceutical costs of the Police Officer, his spouse and children who are on-line for the award of family allowances are borne by the Public Treasury.
The inclusion of dental prostheses by the public treasury only occurs when an accident occurred during or during the service.
Care is not due when beneficiaries stay abroad for personal reasons.

Article 146
The Police officer in the position of detachment, lay-off for personal or off-frame reasons ceases to benefit from the care of his original Administration.
This provision extends to its spouse and children.

Section 4: Installation fees
Rule 147
Upon entry into service, the Policier is entitled to installation fees.

Section 5: The granting of credits and advances on treatment
Article 148
It can be allocated to the Policier in the course of a career, for the purchase of a furniture, an advance on treatment.
The Class A1, A2 and B Policier has a real estate credit after having completed at least 10 years of activity and/or a vehicle credit after having completed at least five years of service.
The Government shall ensure, from financial institutions, the reimbursement of such credits in accordance with the conditions duly accepted by the person concerned.

Section 6: Compensation benefits
Rule 149
The Police Officer is entitled to compensatory allowances to compensate him for expenses incurred, necessary and/or justified by the performance of the service.
Compensation benefits include:
1. the clothing allowance;
2. compensation for use in service of a private vehicle;
3. the cash compensation;
4. mission expense allowance;
5. leave allowance.

Article 150
The clothing allowance is attributed to the Policier, who, by virtue of his duties, usually performs his civil service.

Article 151
The allowance for use in service of a private vehicle may only be granted in the event of a lack of means of transport duly recognized by the hierarchical authority, provided that the vehicle was not purchased by the Public Treasury from the Police Force.

Rule 152
The cash allowance is awarded to the Policier as an accountant or treasurer, whose exercise necessarily involves the handling of public money in the form of species.

Section 7: Representation allowances.
Rule 153
The representation allowance is attached to employment. It can only be liquidated for the period in which the beneficiary actually occupies the job to which it is attached.

Section 8: Travel and transportation costs
Article 154
The costs of transporting the Policier for all service trips are borne by the State.
This is done through the provision of a requisitory, a title or a means of transport or by awarding an allowance to it.

Article 155
The Public Treasury is also involved in the transportation costs of the Police Officer and members of his family under the following conditions:
1. to allow the Policier and his family members staying with him to join his administrative office in the event of a transfer or to his place of habitual residence during the retreat;
2. to allow the Police Officer to carry out, within the territory of the Republic, the movement ordered for the execution of his service or to carry out the official missions of which he may be charged outside the national territory;
3. to allow members of the Policier family to reach the place of residence when the Policier dies in a position other than the detachment.
The Police officer dismissed from his duties does not receive travel costs to the place of his home. The same applies to family members.

Article 156
The public treasury also intervenes in the transportation costs exposed for compelling medical reasons for the Policier and its family members.
Deemed to be made for such reasons:
1. travel, on mandatory medical prescription signed by a college of three active doctors, the Police officer or a member of his or her family when his or her state of health requires a stay in a place of hospitalization, rest or convalescence, located on or outside the territory of the Republic;
2. travel, on mandatory medical prescription, by the Police officer or a member of his or her family, to convey that or those of their parents to the first degree sent to a place of hospitalization, rest or convalescence on or outside the national territory.

Article 157
Travel is carried out as follows:
The policeman and his family travel by means of public transport, unless the Administration’s interest orders that travel by another means of transport. In this case, the journey is accomplished by the mode of transport and the route indicated by the competent authority.
With the exception of those carried out by air, the travel of the Police Officer and his family members on the territory of the Republic is accomplished:
1. first class for Police Commissioners;
2. Second Class for the Sub-Commissioners, Brigadiers and Police Officers.
Travel outside the territory of the Republic is carried out in the same conditions as in the previous paragraph.

Section 9: Disability Allowance
Article 158
The Police Officer who is available on an ex officio basis because of illness or disability is entitled to a disability allowance when his or her incapacity for work results from a professional illness or accident during or during the service.
The amount of the allowance is equal to three quarters of the last annual salary.
It accumulates with the reduced treatment provided for in section 136 above.

Section 10: Funeral allowances
Rule 159
In the event of the death of the Police Officer, the spouse, an on-line child for family allowances or a first-degree parent, the State shall pay a funeral allowance.
A mourning allowance is paid to the deceased Policier family.

Rule 160
On the proposal of the Minister with internal affairs in his or her responsibilities, the rates, conditions and modalities for granting the social benefits allocated during the career are set out by decree of the Prime Minister, deliberated in Council of Ministers.

Chapter 8: Equipment and clothing
Article 161
By equipment and clothing, we must hear all the material and uniform means available to the Police officer for the fulfilment of his mission.

Rule 162
It is made available to the Policier in the form of annual staffing and free of charge, for use, uniforms and accessories.

The annual allocation is set at four items identical or specific to the service, with the exception of the gala outfit and the large outfit renewed every five years.
The distribution takes place, at the same time, throughout the country, in all the shops of the National Police.
Each Policier has a credit card to access the distribution store.
The non-use of the credit card does not deprive the Policier of the right to recover or retain its annual endowment.

Article 163
The basic weapon of the Policier includes a gun, a truncheon and a pair of handcuffs.
In addition to the equipment for the maintenance and restoration of public order, the Policier can be equipped with a specific weapon suitable for the mission to be carried out.

Article 164
The tables for the composition of uniforms, specific staffing, substantive staffing of materials, armaments and their distribution modalities are set out in the Decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister having internal affairs in his responsibilities.

PART V: DISCIPLINARY REGIMATED AND PROCEDURE
Chapter 1: Disciplinary system

Rule 165
Military discipline texts, including military disciplinary regulations governing members of the armed forces, are not applicable to career staff of the National Police.

Article 166
The Career Officer is subject to the disciplinary regime provided for in this Act.
The disciplinary regime is the set of rules made available to the hierarchical authority to sanction the usual way of serving and behaviour of the National Police career staff.
Disciplinary sanctions and rewards, including copies on the individual file.

Article 167
The discipline within the National Police consists of the exact observation of the laws and regulations of the Democratic Republic of the Congo and the specific provisions applicable to Policiers.

Section 1: Disciplinary misconduct
Rule 168
Disciplinary misconduct, any act or omission committed by the Policer, even outside the exercise of the function, constitutes a breach of his or her professional obligations or the duties of his or her state, and is likely to jeopardize the dignity of the function.

Rule 169
Disciplinary misconduct includes:
1. the false, the drunkenness, the coarseness, the obscene songs, the unobservance of the rules relating to the external marks of respect due to a superior and the honours to render, the brutality and the injurious expressions in respect of a lesser, the abuse of power, the negligence in the maintenance of the effects and the weapons, the abuse of the material of the State, the inattention to the exercises,

2. any conduct in a public place or accessible to the public to assume that the author carries out a political activity of any kind, makes taking part in controversy or struggles of political parties or sects, being among societies, associations or groups with a political tendency or character, declares in the press without the authorization of the hierarchy;
3. introducing, holding, distributing any political writing or emanating from a prohibited society, or from persons or firms promoting superstitious practices;
4. poaching a weapon in a fight, threatening with a weapon, practicing poaching, fishing with grenade;
5. attending and/or dancing in uniform in drinking, vagabonding or non-regulatory clothing;
6. detaining, consuming, selling, transporting or cultivating hemp or any other astonishing;
7. the fact, for a superior officer, of subtracting from judicial control or prosecution, through dilatory manoeuvres, persons sought by justice; or to unfairly retain the appeal brought by a lower and that it should transmit for consideration to the higher authority;
8. looting and/or rebelling.

Rule 170
It is described as a serious fault, any intentional conduct of the Police officer contrary to his duties, which causes harm to others, to the discipline, to the operation of the service, to the image and prestige of the National Police.

Article 171
Disciplinary misconduct may be independent of criminal misconduct. Accordingly:
1. the same may be subject to disciplinary action and criminal prosecution;
2. a non-constitutive act of criminal misconduct may be referred to as disciplinary misconduct;
3. certain convictions by repressive courts may not result in disciplinary sanctions;
4. the release or abandonment of proceedings by the repressive courts does not prevent disciplinary proceedings against the Police officer concerned.
However, with regard to the grounds and basis of disciplinary proceedings, the authority is bound by the material finding of the facts by the repressive courts.

Rule 172
Disciplinary misconduct can be professional or extra-professional.
Disciplinary misconduct is professional when committed in the exercise or during the performance of duties.
It is extra-professional when it is committed outside of the performance of functions under conditions such as it rebounds on the dignity, honour and probity of the Policier or the Corps.

Article 173
The Policier responds to the detachable personal fault of service according to common law.
It is, however, exempt from liability in the event of misconduct due to the malfunction of the service.

Rule 174
Staff members who, in serious and urgent circumstances, in the preparation or execution of an administrative police or judicial police mission, refuse to obey the orders of their superiors or knowingly refrain from performing them, shall be subject to a disciplinary sanction of the second degree provided for in section 175 below.
However, a manifestly illegal order cannot be enforced.

Section 2: Disciplinary sanction
Rule 175
Disciplinary punishment is to punish any deviant conduct of the Police Officer in the field of discipline.
Disciplinary sanctions are 1st and 2nd degree.
First degree:
1. the warning;
2. the blame;
3. the stop in the police room with a maximum of 15 days.
2nd degree:
1. the retention of the third party of the treatment for a period not exceeding one month;
2. suspension of duty with deprivation of treatment for a period not exceeding three months;
3. the phase-out resulting in a one-year delay in progress;
4. the delisting of the progress table for one year;
5. demotion or lower grade;
6. Revocation.

Rule 176
The warning is that the disciplinary authority addresses in writing to the Police Force.

Article 177
The blame is the formal disapproval that the disciplinary authority addresses in writing to the Policier author of a fault whose gravity does not justify a 2nd degree penalty.

Article 178
The decision in the police room for a maximum of 15 days imposed by the disciplinary authority consists of a firm and simple arrest.
The firm order is to be held in a place specially assigned for this purpose for the Police Officer of categories C, D and E, for the duration of the period, instructions, inspections, work, distributions and, in any case, from retirement to awakening.
The simple stop is, for the Police officer of categories A1, A2 and B, to remain recorded with or without custody in his home during the same period.

Rule 179
The deduction applies to the month in which the disciplinary penalty is notified to the Police Officer and cannot exceed one third of the gross monthly salary.
The application of this penalty may not have, for the Police Officer in question, any other monetary consequences than that set out in the preceding paragraph.

Article 180
Suspension with deprivation of treatment results in a loss of gross treatment for a period between one and three months. It places the individual in a non-activity position.

Article 181
The phase-out consists of a provisional exclusion of the Law Officer from the increment of one year.
It takes effect on the date on which the Policier gathers all the conditions of seniority to benefit from the advancement of level.

Article 182
The de-listing of the advance table consists of an extension of one year of the seniority required to be proposed to the grade advancement to which the Policier may claim.

Article 183
The demotion or lower grade is to bring the Policer back to the rank immediately below his.
It cannot be proposed or promoted to the higher grade for a period of two years.

Article 184
The revocation is the final exclusion of the National Police Corps and the total loss of attributes, benefits, allowances and remuneration attached to the quality of Policier.

Article 185
The Police Officer is liable to revocation if he is found guilty of having:
1. abused by the authority of which it is clothed or of its quality to commit acts of rape, torture, barbarity or infringe upon the respect of the human person;
2. use of the weapon outside of the cases provided for by the Act and the Regulations or self-defence;
3. sentenced to imprisonment of six months or more for a voluntary offence;
4. stolen or extorted funds;
5. committed an act of insubordination;
6. Violent, threatened, outraged or beaten to his superior;
7. committed acts of passive or active corruption;
8. breached professional or judicial secret;
9. communicated or disclosed without authorization of classified documents;
10. severely affected the Constitution;
11. deliberately or by lack of care the equipment entrusted to it by the National Police;
12. participated or incited to disorder, disobedience or rebellion;
13. makes use of alcohol and have been regularly drunk during hours of service;
14. use of drugs or psychotropic substances;
15. lost, sold or dissipated weapons, ammunition, individual or collective equipment.

Article 186
The principle of revocation applies ex officio to the Policier having previously been punished:
1. twice by demotion;
2. three times for any other second degree sanction.

Section 3: Rewards
Article 187
Rewards include monetary rewards and honorary distinctions.

Article 188
The Policer who, in the performance of his duties, is particularly distinguished by his dedication, probity, objectivity, neutrality and exemplary contribution to the performance and effectiveness of the Corps, can receive one of the following rewards:
1. Letter of encouragement;
2. Letter of congratulations;
3. official testimony of satisfaction;
4. Police medal.

Rule 189
The letter of encouragement is an act by which the direct hierarchical superior recognizes the good way of serving or exemplary behaviour of a subordinate, stimulates and encourages him to continue in this way.
This letter is placed on the individual’s personal file and is taken into account in the evaluation.

Rule 190
The letter of congratulations is a written letter from the direct superior to reward an important and dignified act performed by a Policier during a given mission or service.
She is handed over to her during a parade and a copy is placed on her file. It was taken into account in its evaluation.

Article 191
The official testimony of satisfaction is a document by which the high authorities of the Republic or the National Police recognize to the Policier exceptional services, acts of courage or dedication whose resounding is provincial or national.
The official testimony of satisfaction is quoted on the agenda during an official ceremony.
He is placed in the Policier file and is taken into account in his evaluation.
It is accompanied by a pecuniary gratification.

Rule 192
The police medal is a decoration intended to reward the bravery, merit, loyalty of the Policier in the performance of his services.
There are three:
1. the Cross of Police Bravery;
2. the Police Cross;
3. Police Decoration.

Article 193
The Cross of Police Bravery is granted:
1. individually:
- to all Policier who performed an exceptional act of bravery.
2. as a group:
- a police training that has distinguished itself by its bravery during public order maintenance and recovery operations or any other police operation.
3. posthumously:
- to the deceased Policier who deserved it.

Article 194
The holder of the Cross of Police Bravery has the right to wear a distinctive badge on the sky blue ribbon of the Cross according to the award.
These distinctive insignia are:
1. the bronze star with five branches;
2. the bronze palm;
3. Bronze plate.

Article 195
The police cross on red ribbon includes gold, silver and bronze.
It is granted to the Active Police Officer in the category A1, A2 and B as follows:
- 25 years of good and loyal services: the police cross in gold;
- 20 years of good and loyal services: the police cross in silver;
- 15 years of good and loyal services: the police cross in bronze.

Article 196
Police decoration on yellow ribbon is granted to the Active Policer of category C, D and E according to the following conditions:
- 20 years of good and loyal services: 1st class police decoration;
- 10 years of good and loyal services: 2nd class police decoration.

Article 197
The honours are awarded by the Order of the President of the Republic, on the proposal of the Minister having internal affairs in his office, after the advice of the Superior Council of the Police.
The Order of the President of the Republic also determines the technical specifications and modalities for the wearing of police medals.



Chapter 2: Disciplinary proceedings
Article 198
Any disciplinary proceedings must be the subject of a request for explanation.
With the exception of disciplinary sanctions of 1st degree, no penalty may be imposed without the prior hearing of the Police officer.

Article 199
When several disciplinary errors are charged to a Police Officer, only one procedure may be initiated. It can only lead to one disciplinary sanction.
If a new disciplinary error is attributed to him in the course of disciplinary proceedings, a new procedure is initiated without interrupting the procedure already initiated.
In case of connexity, the new action will be joined to the one already engaged.

Rule 200
The same disciplinary fault committed by several Policiers leads to individual responsibility and also leads to individual sanctions.
In no case can individual faults result in collective punishment.
Students in the training structures of the National Police are subject to the rules of procedure of the institution.

Article 201
The Disciplinary Authority appreciates the fact that disciplinary sanctions are subject to the following principles:
1. Degree, employment and responsibility;
2. The gravity of the damage to the service, discipline, third party and image of the Corps.

Section 1: Disciplinary authorities and bodies
Advisory
Article 202
Disciplinary authorities are of two orders: ordinary disciplinary authorities and higher disciplinary authorities.
The ordinary disciplinary authority is the direct hierarchical leader of the Police Officer involved.
The higher disciplinary authority is, as the case may be, the superior of the hierarchical chief or the authority with the ultimate decision-making authority.

Article 203
The ordinary disciplinary authority imposes first degree disciplinary sanctions.
The higher disciplinary authority may impose first and second-degree disciplinary sanctions on advisory bodies as appropriate.

Rule 204
As long as there is no pronouncement by the ordinary disciplinary authority, the higher disciplinary authority may refer to or continue the proceedings if it is evident that, by their nature and severity, the facts are likely to constitute a disciplinary error that may result in a second degree disciplinary sanction.

Rule 205
If a Disciplinary Police Officer is assigned to another unit or service prior to the delivery or review of the disciplinary penalty, the competent authority is only authorized to conduct any meaningful investigation into the facts that have motivated the initiation of the action.
In this case, the decision is the first common superior to the former and the new ordinary disciplinary authority.

Rule 206
Two types of Council shall be established in the field of discipline:
1. The Board of Inquiry to decide on second-degree sanctions that could be imposed on the Police officers of categories A1 and A2;
2. The Disciplinary Council responsible for deciding on second-degree sanctions that could be imposed on the Policiers of other categories.
These two councils become advisory bodies in the event of revocation.

Rule 207
Members of the Boards of Inquiry and Discipline must be of equal or higher rank, but older than the appearance.

Article 208
The Board of Inquiry is seized by order of reference of the Minister in charge of Internal Affairs, on the proposal of the Commissioner General of the National Police.

Article 209
The Disciplinary Council is seized by order of reference of the Commissioner General of the National Police, on proposal, either of a Major Unit Commander or of a Central Director or a Provincial Commissioner.

Article 210
The modalities for the organization and functioning of the Boards of Inquiry and Discipline are set out in the Decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister having internal affairs in his or her powers.

Section 2: Proceedings before the ordinary disciplinary authority
Article 211
The ordinary disciplinary authority which finds or is aware of the facts that may constitute a disciplinary offence shall, after hearing the respondent, produce a detailed report.

Article 212
If the ordinary disciplinary authority considers that the facts are not constituting a disciplinary fault, it classifies the record without further action.
It will do the same, if it considers that there is no opportunity to pursue an established disciplinary fault.
In all cases, the decision is motivated and notified to the Policier in question.

Article 213
If the ordinary disciplinary authority considers that the facts are liable to be punished by a first degree disciplinary sanction, it decides on the sanction. She must notify the police in writing.

Article 214
If the ordinary disciplinary authority considers that the facts, because of their nature and severity, are liable to be punished by a second degree disciplinary penalty, it shall transmit the matter with the report to the higher disciplinary authority for jurisdiction.

Section 3: From Procedure to Disciplinary Authority
higher
Article 215
The higher disciplinary authority which finds or is aware of the facts that may constitute a disciplinary offence shall, after hearing the respondent, produce a detailed report.

Article 216
When the higher disciplinary authority takes up the facts directly or refers to the case, it informs the ordinary disciplinary authority. This information takes the divestiture of the ordinary disciplinary authority.

Article 217
If the higher disciplinary authority considers that the facts are not likely to result in a disciplinary sanction, it classifies the file in accordance with section 212 of this Act.
This decision is motivated and notified to the interested party.

Article 218
If the higher disciplinary authority considers that the facts may result in a first degree disciplinary sanction, it acts as the ordinary disciplinary authority.

Article 219
If the higher disciplinary authority considers that the facts may result in a second degree disciplinary penalty, it initiates a disciplinary procedure.
She asks the referral for advice from the disciplinary or investigative board as appropriate and prepares an introductory report.

Rule 220
The higher disciplinary authority, which considers that the facts are likely to result in a second-degree disciplinary sanction, shall bring the introductory report to the person concerned through his direct superior. The submission of the report is attested by an acknowledgement of receipt by the individual.
The introductory report mentions:
1. All the facts under his control;
2. The fact that a disciplinary record is constituted, that a second-degree disciplinary sanction is envisaged and what sanction the disciplinary authority envisages;
3. Request for referral for advice from the Board of Inquiry or Discipline as appropriate.

Article 221
The higher disciplinary authority awaits the written decision or notice, as the case may be, of the Board of Inquiry or Disciplinary to decide on the disciplinary penalty to be applied to the Police Officer in question.

Article 222
Based on the complete record and the decision or notice, as the case may be, of the Board of Inquiry or Discipline, the Superior Disciplinary Authority shall make the decision and communicate it to the Police Officer concerned through its direct supervisor. This communication is certified by an acknowledgement of receipt.

Article 223
In no case may the higher disciplinary authority impose a penalty greater than that proposed by the Board of Inquiry or Discipline.

TITRE VI : DE L’APRES-CARRIERE

Chapter 1: Determination of service
Article 224
Any Police Officer may be placed in an off-frame position pursuant to section 133 of this Act. At the end of this position, he or she may be eligible for retirement.

Article 225
The end-of-service termination results in the loss of the quality of a career policy.
End-of-service modes are:
- Death;
- Revocation;
- The resignation of office;
- Voluntary resignation;
- dismissal for physical, psychological or professional inability;
- Retirement.

Section 1: Death
Article 226
The death shall be declared by the death certificate of the civil status and shall be affected by the presentation of the extract of the civil status to the competent authority by any interested person.

Section 2: Revocation
Article 227
The revocation is a disciplinary penalty imposed for serious misconduct by the appointing authority, after notice, as the case may be, of the Board of Inquiry or Discipline.
It is also pronounced under a criminal servitude sentence of more or less than 6 months irrevocable.

Section 3: From resignation
Article 228
Is deferred from office of his office:
1. The Policier whose appointment is not regular;
2. The Police officer who, without valid reason, abandons his or her position or does not resume his or her service on the expiration of a leave or temporary suspension as soon as the unjustified service interruption exceeds one month;
3. The Agent who ceases to meet the admission requirements set out in section 17 of this Act.
The resignation of office is pronounced by the authority vested with the power of appointment. It produces its effects on the day on which the event occurred.


Section 4: Voluntary resignation
Article 229
Voluntary resignation is accepted provided that the Police Officer has completed 5 years of continuous service within the National Police. This period is increased by three years for the Police Officer who has received specialized training on behalf of the National Police.
The voluntary resignation can only result from a written request by the Policier marking his unambiguous and unconditional will to put an end to his career.
This request must be addressed to the appointing authority, which is required to respond within 3 months. After this period, the silence of authority is tacit acceptance of the resignation.
In this case, the Policier proceeds to the handover and recovery as well as to the restitution of the equipment. A certificate of termination of service is issued by the Commissioner General of the National Police or his delegate.
However, acceptance of a resignation may be delayed by a maximum of 3 months in the interest of the service.

Section 5: Termination for physical fitness, psychic
or professional
Rule 230
The Policier is fired from office for physical or mental incapacity:
1. when it was recognized permanently unfit for service. In this case, physical or mental incapacity is appreciated by a medical commission of incapacity whose composition and functioning are fixed by Order of the Minister having internal affairs in his powers;
2. where the availability for illness or disability lasted for a maximum of two years and is not able to resume service at the end of this term.

Article 231
The Policier is dismissed for professional incapacity when it is the subject of professional insufficiency observed by the rating of three years in the jobs corresponding to its rank.
The dismissal is pronounced ex officio when the Policier received three times in a row the mention « poor ».

Article 232
The dismissal for physical or mental incapacity or for professional incapacity is pronounced by the authority vested in the power of appointment.
However, retirement is in place of termination when the Policier meets the conditions required to benefit from retirement.

Section 6: Retirement
Article 233
The Policier is retired from office when:
1. it has reached the age of 65 and has a design and direction job corresponding to category A1 or A2;
2. has reached the age of 60 and has a job of supervision or collaboration corresponding to category B;
3. has attained the age of 55 and has a performance position of C, D or E.
However, when:
1. In the course of a design and management job, the Policer, having completed a 35-year career and who has not reached the age of 65, may be authorized to continue his service until that age;
2. Having a job of coaching or collaboration, the Policer, who has completed a 30-year career and who has not reached the age of 60, may be authorized to continue his service until that age;
3. As an executing employment, the Policer, who has completed a 30-year career and who has not reached the age of 55, may be authorized to continue his service until that age.
When the interest in service so requires, the Policier may, however, be allowed to prester beyond the age limit for a period of 5 years.

Article 234
In January of each year, the Minister with internal affairs in his or her powers publishes the list of retired police officers in the next three years.

Article 235
The Senior Management and Design Officer, who is at least 55 years of age, may be allowed to claim his or her right to early retirement if he has completed at least 30 years of uninterrupted service.
The co-operative or supervisory officer, who is at least 45 years of age, may be entitled to claim his or her right to early retirement if he has completed at least 25 years of uninterrupted service.
The enforcement officer, who is at least 40 years of age, may be allowed to claim his or her right to early retirement if he has completed at least 20 years of uninterrupted service.

Article 236
The Policerer who does not complete 30 years of career at the time he reaches the age limit can extend his career from the time required to reach a total of 30 years of career.

Article 237
Are included in Policier's career:
1. periods of activity and interruption of service relating to different career positions, with the exception of time spent on availability, without success, for study reasons;
2. periods of service rendered in a public service prior to engagement in the National Police;
3. the periods included in the previous career of the Policier who stopped his services and then was reintegrated.

Chapter 2: Reintegration
Article 238
The Police Officer who has ceased to exercise his services may only be reintegrated into the National Police under this Act in the following cases:
1. when, terminated for physical or mental incapacity, this ability is again established by a medical commission;
2. When the person has been subjected to legal rehabilitation in respect of a sentence of deprivation of liberty, including through amnesty or pardon measures, or having been suspended or for involuntary homicide, the Agent has satisfied the conditions for the regularization of the administrative situation;
3. where the existence or seriousness of the facts leading to its revocation is nullified by a subsequent judicial decision to the disciplinary measure;
4. when after an early retirement due to his proven skills, he is recalled, with his written acceptance within 30 days.

Article 239
Reintegration is carried out at the rank of Agent on the date he has ceased his services, with the seniority he has acquired on that date.
Reintegration is carried out by the appointing authority, taking into account that the Policier concerned has not exceeded the retirement age.

Chapter 3: Benefits awarded at the end of the career
Rule 240
At the end of his career, the Policier and/or his family members benefit, as the case may be, from:
1. an end-of-career allowance;
2. a disability pension;
3. a pension;
4. death allowance and survival annuity;
5. Health care and pharmaceutical costs;
6. repatriation costs;
7. funeral expenses;
8. Family allowances;
9. other benefits to retirees.
Pensions, rents and allowances are indexed to the cost of life.
They are also tax-free.

Section 1: From Career End Allowance
Article 241
All Policier, whose career ends with the voluntary resignation, dismissal for physical, mental or professional incapacity, or retirement, receives a career termination allowance if he has completed at least 20 years of service.
When the Police officer dies before the payment of the allowance, the allowance shall be allocated to the surviving spouse, in the absence of the surviving spouse, by equal shares to the children of the deceased who enter the account for the grant of the family allowances.

Article 242
The rate of end-of-career allowance is set as follows:
1. the equivalent of 5 years of last grade activity treatment for the Polisher who has completed at least 30 years of service;
2. the equivalent of 3 years of last grade activity treatment for the Polisher who has completed at least 25 years of service;
3. the equivalent of 2 years of last grade activity treatment for the Polisher who has completed at least 20 years of service.

Section 2: Disability pension
Article 243
When the end of the career occurs by dismissal for physical or mental incapacity, the Policier is entitled to a disability pension if its infirmity results from a professional illness or accident in or during the performance of its duties.
The disability pension is equivalent to two thirds of the Policier’s business treatment.
In the event of a theoretical cumulative period, it has the choice between the pension or disability pension.

Section 3: Pension
Article 244
When the end of the career occurs by retirement, the Policier is entitled to the following benefits:
1. an end-of-career allowance;
2. a pension;
3. health care for him and for his family members who come into account for the granting of family allowances;
4. repatriation costs.

Article 245
The pension rate is set as follows:
1. the equivalent of 3⁄4 of the last grade activity treatment for the Polisher who has completed at least 35 years of service;
2. the equivalent of 2/3 of the last grade activity treatment for the Polisher who has completed at least 30 years of service;
3. the equivalent of half of the last grade activity treatment for the Polisher who has completed at least 20 years of service.
It is increased by 1/30 per additional year of service for the Policerer who, having not reached the age required for retirement in its category, has been authorized to continue its service until reaching that age.

Section 4: Death allowance and survival annuity
Article 246
When the end of the career results from the death of the Police Officer, the surviving spouse and children who come into account for the award of family allowances are entitled to the following benefits:
1. death allowance;
2. an annuity of survival;
3. family allowances;
4. health care;
5. repatriation costs to the place of residence of the deceased Police Officer, as provided for mutatis mutandis in article 174 above;
6. Funeral fees.

Article 247
The deceased Policier's surviving spouse is entitled to a death benefit.
In the absence of the surviving spouse, the death allowance is granted by equal shares to the children who are on-line for the granting of family allowances.
The amount of the death allowance is equivalent to 6 months of the deceased Policier activity treatment.
This allowance is not taxable.

Article 248
The surviving spouse is entitled to a surviving pension if the Policier has died in service activity or has a pension or disability.
The surviving spouse who remarries or abandons the orphans is deprived of the right to a survival pension and is allocated equally to orphans referred to in section 247 above.
The surviving spouse is not entitled to a survival pension when the marriage is after the final termination of the Policer’s services.
The right to survival annuity is acquired without condition of service seniority.

Article 249
Survival annuity is equivalent to 40% of the annual amount of the last activity treatment of the deceased Policier or 50% of the Policier pension deceased after the pension.
The survivor spouse of the Policier who died as a result of police operations receives a life annuity equal to 100% of the annual amount of the last treatment of the deceased Policier.

Rule 250
An orphan under this Act is entitled to an orphan’s pension up to the age of 18.
Can be pretended to be:
1. the children of the Police Officer, provided that they are born before or within 9 months of the final termination of the Policier services;
2. children legally adopted by the Police Officer, provided that the adoption has preceded the final termination of the Policier services;
3. children recognized and declared in civil status prior to the final termination of policing services;
4. children who have been obtained from a previous marriage, provided that marriage with the Policier who has opened the right to an orphan’s pension has been contracted before the final separation of services and that children have given rise to the award of family allowances to the Policier;
5. The under-tutel children of the Police Officer, provided that guardianship has been transferred prior to the final termination of the Policier’s services and that children have given rise to the award of family allowances to the Police Officer.
By derogation from the first paragraph, orphans who normally pursue their studies or are in unpaid learning are entitled to annuity up to the age of 25.

Article 251
The annual amount of an orphan’s annuity per child is equal to:
- 5% of the annual amount of the last treatment of the Policer’s activity if he died in the course of a career;
- 10% of the Policier's pension if he died pensioned.

Article 252
When the salary scales attached to the ranks of Policiers in service activity are generally increased, annuities are reviewed in an identical proportion.

Article 253
The pension is acquired per month. It takes place on the first day of the month following the death of the Policier. It is not taxable.

Section 5: Health Care and Pharmaceutical Fees
Article 254
The surviving spouse and orphans with a life annuity are entitled to health care referred to in section 244 above.
Health care is provided under the conditions and in accordance with the terms set out in the Decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister with internal affairs in his office.

Section 6: Repatriation costs
Article 255
Upon retirement, the Police Officer is entitled, for himself and for his or her spouse and children who are on-line for the granting of family allowances, to repatriation expenses for the travel of the place where the retirement is granted to him or her instead of his home.
In the event of the death of the Police Officer, the surviving spouse and children on-line for the award of family allowances are entitled to repatriation expenses to cover the expenses incurred for the trip of the current place of residence instead of their domicile.
The rate and modalities for the award of these costs are set by a decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister with internal affairs in his office.

Section 7: Funeral fees
Article 256
In the event of death of one of the beneficiaries of a retirement pension or a survival pension, a funeral allowance is granted.
The rate and method of awarding this allowance shall be determined by a decree of the Prime Minister, deliberated in the Council of Ministers, on the proposal of the Minister having internal affairs in his or her powers, taking into account the category to which the deceased Police officer belongs, in particular the following:
1. the cost of coffin and accessories;
2. the liquidation of costs for medical training;
3. burial fees, rental of the corbillard and burial tax;
4. the repatriation of the body;
5. the expenses caused by the funeral.

Section 8: Family allowances
Article 257
The retired police officer receives family allowances for the wife and each of the dependent children as long as they are born before the 12 months after the final separation.
The rate is 24 months from the amount of family allowances.

Section 9: Other benefits to retirees
Article 258
In addition, the Retired Police Officer or his or her eligible member benefits from:
- the exemption from the occupancy tax or similar tax on the residential plot;
- reclassification in employment;
- free land for residential and agricultural use;
- the protection of both moral and material interests;
- free tuition fees for orphans;
- the retribution by the solidarity fund established by the decree of the Prime Minister to the benefit of retired Policiers;
- exemption from the tax due to the spouse engaged in the trade in substance;
- exemption from minimum personal tax;
- free medical and pharmaceutical care;
- the resumption of the mention of “death for the homeland” on the documents of the civil status of the persons entitled to the De cujus du Policier fallen on the field of honour or on mission ordered. This mention is repeated on the part held by the De cujus rights holders.

Chapter 4: Honorariat and Emeritus
Section 1: De l’honorariat
Article 259
Honorariat is the right of a retired officer to carry, after the final termination of his or her duties, the title of his or her last rank at the time of the end of his or her career.
The Class A1, A2, B, C or D Police who ceases to be a member of the National Police, after honourably completing at least 30 years of effective service, may be authorized to carry, as an honorary measure, his last appointment.
The same applies to invalids after ten years of service.

Article 260
The authorization to carry the title of the last rank of appointment, followed by the mention “honorary”, is granted to the recipient Policier by the authority vested in the appointing authority.
The dossier for honourariat is prepared and transmitted together with the final career file.
Honorship is conferred by the appointing authority.

Section 2: From Emeritus
Article 261
The emeritus is a title conferred by the President of the Republic to the category A1 or A2 Policier who has come to an end, who has honourably completed at least 30 years of uninterrupted effective service and marked by acts of brilliance or bravery.
The file for the emeritus is constituted at the same time as the career end file.
Upon receipt of the notice of retirement, the Grievor shall transmit to the Minister with internal affairs, for reminder and consideration, a statement of facts that are based on his right to emeritus.

Article 262
The emeritus gives the Police concerned the right to continue to benefit from its last treatment.
The treatment enjoyed by the Policier under the emeritus cannot be accumulated with the retirement pension.
When the scale of active Policiers is increased, the scale also concerns, in the same proportions, the Emeritus Policier.

Article 263
The emeritus also grants the following benefits:
1. advancement in grade;
2. the port of the uniform of the last rank during the official ceremonies;
3. personal custody;
4. the signature of any official or private correspondence with the grade followed by the mention "emeritus";
5. consumption of water and electricity from the Public Treasury;
6. the benefit of a reduced quarterly rate on public air, road, rail, river, marine and lake transport.
These benefits are personal and end the death of the emeritus officer.

Article 264
In addition to the conditions set out in articles 259 and 261 above, the Policier shall, in order to benefit from the honour and emeritus, meet the following conditions:
1. have not suffered a criminal conviction of more than twelve months that has become irrevocable and result of an intentional offence, except amnesty, rehabilitation or grace.
2. Not subject to disciplinary sanctions:
- The delisting of the increment table resulting in the delay in the increment of one year;
- The delisting of the progress table for one year
- Demotion or lower grade;
- Revocation.

PART VII: FINAL PROVISIONS
Article 265
All previous provisions contrary to this Act are repealed.
Article 266
This Act comes into force on the date of its promulgation.

Done in Kinshasa, 1 June 2013


Joseph KABILA KABANGE