Act organic No. 13/010 19 February 2013 on the procedure before the Court of cassation explanatory statement, summary title 1: Chapter 1 General provisions: the INTRODUCTION and implementing event chapter II: of the calculation of time chapter III: hearings of the Court Chapter IV: DES INCIDENTS chapter V: of judgments of the Court Chapter VI : Of costs and expenses title II: the procedure of appeal in CASSATION Chapter 1: chapter II common provisions: rules specific the CASSATION law deprives chapter III: own rules was the CASSATION in criminal title III: special procedures before the Court of CASSATION Chapter 1: from taking part chapter II : In the jurisdiction chapter III reference: regulation of Justice chapter IV: review title IV: proceedings against the persons referred to in ARTICLE 153 paragraph 3 of the CONSTITUTION Chapter 1: proceedings against members of Parliament chapter II: proceedings against members of the Government other than the Prime Minister chapter III: proceedings against the persons referred to in ARTICLE 153 PARAGRAPH 3 of the CONSTITUTION other parliamentarians and members of Government title V: Some provisions transitional and final act organic No. 13/010 19 February 2013 on the procedure before the Court of cassation explanatory memorandum the Constitution of 18 February 2006 established in article 153, an order of jurisdiction of the judiciary including courts and civil and military courts under the control of the Court of Cassation.
The bursting of the Supreme Court of Justice in three jurisdictions, namely: the Court of Cassation, the Council of State and the Constitutional Court led to a reform resulting in the allocation and specification of skills and procedures before each of these new jurisdictions.
The Court of Cassation differs from the Supreme Court of Justice, which was both a fund Court, a Court of cassation, a Court of cancellation, a court opinion and interpretation of texts and a Constitutional Court.
As a general rule, the Court of Cassation is judge of law and not the bottom. However, she decides background with respect to the persons referred to in article 153 of the Constitution and call for first degree decisions by courts of appeal in criminal matters.
As such, it provides:-control of legality therefore that it is recognised the right to break all final decisions in violation of the law or custom;
-unity of jurisprudence by his decisions which are binding on the national courts.
This organic law organizes the cassation in private law and criminal procedure.
In addition, it introduces four special procedures: taking part, references, regulations of judges and review jurisdiction.
The appeal in cassation is exercised by any person who was a party to the contested decision or by the Attorney General acting either within the statutory period, or at the expiration of that period, but at the behest of the Minister of Justice, or in the sole interest of the Act.
The provisions of this organic law revolves around five titles below: title 1 is devoted to the General rules of procedure;
Title II deals with the procedure for appeal in cassation;
Title III deals with the special procedures before the Court of Cassation;
Title IV organizes the proceedings against persons covered by article 153, paragraph 3 of the Constitution: title V relates to transitional and final provisions.
This is the general economy of this organic law.
Act the National Assembly and the Senate have adopted;
The Supreme Court of Justice ruled;
The President of the Republic enacts the law whose content follows: title 1: general summary Chapter 1 provisions: of INTRODUCTION and of the implementation in State of CAUSE Article 1 the Court of Cassation is seized by request of the parties or by request of the Attorney General about this Court, lodged at the registry.
Section 2 except when it emanates from the Crown, the originating motion to appeal must be signed, under penalty of inadmissibility, a lawyer at the Court of Cassation request is dated and mentions: 1. the name and, if applicable, the given name;
2 · the quality, the residence or seat of the applicant; ·
3. the subject of the application;
4. If it proclaims, the name, the quality, the remains or the seat of the opposing party;
5. inventory of the parts that form the folder.
Article 3 except if it emanates from the Crown, any memorandum filed shall, on pain of unacceptability, be signed by a solicitor of the Supreme Court.
All memory is dated and mentions: 1. the name of counsel and, if applicable, the given name;
2. the quality, the residence or headquarters of the conclusive part;
3. exceptions and means opposed to the request;
4. references to the role of inclusion of the cause.
5. inventory of the parts that form the file lodged at the registry.
Article 4 any request or submission before the Court of Cassation must be accompanied, on pain of unacceptability, of at least two copies signed by counsel and as many copies as there are parts referred to the decision.
Article 5 the parties shall, in the application or the response lodged at the registry, under penalty of inadmissibility, election of domicile in the office of a lawyer by the Court of Cassation.
Article 6 any cause is registered by the care of the clerk in a role. The fixed Court, by its rules of procedure, the number of roles. The enrolment is done in the order of filing dates, consecutively continues, indicating the name of the applicant, opposing parties as well as the summary statement of the object of the request.
The Clerk shall issue a receipt indicating the role, the order number, references to the names of the parties and the subject matter of the application.
When the request comes from a private party, the receipt made mention of the consignment referred to in article 31 or the exemption provided for in articles 33 and 34 of this organic law.
Article 7 upon filing of the application instituting the appeal or the confirmatory application of a declaration of appeal or when it is not followed within the time limits, a confirmatory request, the Clerk shall transmit the record of the case to the first President of the Court of Cassation.
If the appeal is manifestly inadmissible or if the cause is not evident ·· the jurisdiction of the Court, the first President communicates the folder in the House restricted for preliminary examination, prior to the fixing of the date of the hearing at which the case will be called. Notification of this date is made to the applicant and the Attorney General.
Otherwise, the appeal follows its normal course, in accordance with articles 8 and following of this organic law.
Article 8 the election of domicile made by the defendant who did not have memory in response is communicated to the registry.
Any request, any indictment or any lodged at the registry is in any material litigation, previously served on the party against whom the request is directed.
This meaning is made by a bailiff at the Court of Cassation, and the provinces, through a bailiff of the domicile of the party in the city of Kinshasa.
Article 9 the parties and their advice may take knowledge of copying the role and records at the registry and obtain copies at their own expense.
The Attorney General receives the communication records. He returns in 60 days with its conclusions or its requisitions.
Article 10 as soon as production parts are made or deadlines to produce elapsed or, where the law so provides, as soon as the indictment or the report of the Attorney General is filed, the Clerk shall transmit the file to the first President for the purposes of designation of a rapporteur Adviser.
It prepares a report on the facts of the case, on procedure in cassation on the pleas and offers the solution that seemed have to be reserved for the cause. It then passes the folder, within 30 days of his appointment, to the first President who submits, for opinion, to the plenary Assembly of the judges of the Court of Cassation.
Where the opinion of the plenary Assembly is given, the first President of the Supreme Court fixed the date on which the cause will be called at the hearing.
Article·11 the Registrar notifies the order to the parties and to the Attorney General eight days at least before the date of the hearing.
Article 12 at least three days before the hearing, the clerk displayed, at the registry and at the entrance to the room of meetings, the role of fixed Affairs. This excerpt from the role marked the issue of the role and the names of the parties.
Chapter II: Of the COMPUTATION of time limits summary Article 13 prefix deadlines are clear time limits as provided for in the code of civil procedure.
The time of service or notification, as well as the deadlines for distance, are computes, in any material, as provided for in the code of civil procedure.
Time limits run against incompetents. However, the Court can raise them from forfeiture if it is established that their representation was not ensured.
In case of death of a part being deadline, it is extended by two months.
In any event the Court may raise parts of the loss incurred due to force majeure.
Chapter III: Of hearings of the Court Article 14 the court hearings are public, unless this publicity is dangerous for public order or good morals. In this case, the Court ordered the camera by a reasoned ruling.
Article 15 the debates unfold as follows: 1. the appeal of the case, counsel summarized the facts and means and exposes the State of the procedure;
2. the counsel for the parties may make oral submissions;
3. it can be produced at the hearing means other than those developed in the query or memories;
4. each party has the floor once, unless there is reason to conclude on an incident;
5. the Crown made its requisitions or give its opinion;
6. the Chairman of the hearing declared closed the discussion and the case is taken under advisement.
7. the Chairman of the hearing fixed the date of delivery.
The Registrar's headquarters draws up the minutes of the hearing.
Article 16 the Court adjudicates on submissions by the parties and by the public prosecutor.
No other than those listed in the requests and submissions in a timely manner can be received.
However, the Court may raise any means of public order. In this case, it invites the parties to conclude on this point.
Article 17 before the conclusion of debate, the Court invites the parties to conclude on an incident or the public order arguments of office.
Similarly, after the close of the debates, the Court ordered their reopening to allow the parties to conclude on an incident or the public order arguments of office.
Chapter IV: INCIDENTS summary 1st SECTION: of the CONNECTEDNESS and the resumption of INSTANCE Article 18 practise there is need to adjudicate one and same judgment in several cases pending before the various rooms, the first President means, by order, either ex officio or at the request of the Attorney General, either at the request of the parties, the Chamber that in will.
The Clerk shall notify this order to the parties and to the Attorney General.
Article 19 in the event of death of a party running instance, all communications and notifications of acts are made validly to beneficiaries, collectively and without another quality to the address for service or the last domicile of the deceased.
In the event of death, the Court may also instruct the Attorney General to collect information on the identity or the quality of the parties with respect to which the continuance of suit may take place.
Article 20 the continuation of voluntary instance is in the deadline by six months because of the death or loss of quality or capacity of a party, by deposition the registry to a memorandum justifying the qualities of the person who resumes the instance.
The failure of resumption for instance of the applicant by the heirs is discontinuance.
Article 21 having them right who voluntarily returned the proceeding within the time limits set by the law may force the other entitled to intervene. This forced instance recovery is made in the form of a query containing references to the application instituting proceedings and indicating the State of the current procedure.
Article 22 resumption of voluntary instance or acquiescence to the resumption of forced instance does not mean acceptance of inheritance.
SECTION 2: of the measures PROBATOIRES Article 23 the Court may commit an advisor to proceed with the execution of any probationary measure which it has ordered.
The Commissioner Advisor sits with the assistance of a clerk.
Article 24 when probation operations must take place outside the city of Kinshasa, the Commissioner counsel may assume any clerk or Clerk Assistant of the jurisdiction in which it is called to serve.
Article 25 the pieces produced by a party may be challenged by the opposing party by making a declaration at the registry of the Court. Upon the filing of the declaration, the Clerk shall cause to the party producing the offending piece to declare if she persists in conducting.
If the party producing the impugned piece renounces to report by a declaration at the registry or if she did not return in the eight, ·the room is set aside. The one week period may be extended by the Court.
If it says continue to report on the disputed piece, the Clerk shall notify the party who raised the incident. It or the public prosecutor may, within eight days, seize the competent court. In this case, the court stayed proceedings until after the judgment on the fake, unless it considers that the impugned piece has no influence on his decision.
If the public prosecutor or the party who raised the incident has brought no action in that period, the room is maintained on file and subject to the discretion of the Court.
Chapter V: Of judgments of the COURSommaire Article 26 minutes of judgments are signed by all judges who participated in the case as well as by the Court Registrar.
Literally, the judgments are transcribed by the care of the Registrar, in the registry of judgments.
Each transcript is signed by judges who participated in the case as well as by the clerk.
Article 27 the judgments of the Court indicate: 1. the room who served in the cause;
2. the names of the magistrates having composed the seat;
3. the name of the Court Registrar.
4. the names of the prosecutors who have written findings or requisitions in the cause or who attended the hearings and the delivery of the judgment;
5. names, home, residence or headquarters of the parties as well as their quality and, where appropriate, the name and the quality of the person which the a· represented;
6. the statement of the submissions made by the parties, the reference to the requests and submissions in which they were formulated, the indication of the filing date; ·
7. an indication of the reading of the report presented by the rapporteur Advisor;
8. the reference to the convening and the hearing of parties and the names of the lawyers who have represented them.
9. the reference to the hearing of the Crown;
10. the date of hearings;
11. the incidents of procedure and the solution that the Court has made;
12. the date and the mention of the delivered in public;
13. the motivation;
14. the device;
15. the account and the allocation of costs and expenses.
Article 28 the judgments of the Court of Cassation are served to the parties and to the Attorney General by care of the clerk. They are published in the bulletin des arrêts according to the rules laid down by the rules of procedure of the Court.
Article 29 the judgments of the Court of Cassation are no remedy subject to article 161, paragraph 4 of the Constitution. However, at the request of the parties or the Attorney General, the Court may correct clerical errors of its judgments or give interpretation, hearing the parties.
Chapter VI: Of fees and costs summary Article 30 costs and expenses are fixed in accordance with the law on the subject.
Section 31. No case can be brought to the role at the request of a party without prior checking in a provision, unless exemption from logging granted according to the procedures laid down in articles 33 and 34 of this organic law.
The Clerk shall claim an additional allowance when it considers that the amounts recorded are insufficient to cover the costs that are exposed. In the event of dispute as to the amount claimed by the clerk, the first President decides.
Failure to deposit at the expiration of the time limit for appeal result final classification of the case ordered by the first President of the Cour de Cassation, unless otherwise determined by its share.
Additional logging failure, after a period of fifteen days, result in the cancellation of the cause by judgment of the Cour de Cassation, unless otherwise decided by the first President of the Court of Cassation.
Article 32 fees are taxed and charged to the losing party in the case of emptying the seisin of the Court.
Article 33 taking account of the resources of the parties, total or partial exemption of logging as well as authorisation debet of shipments and copies may be granted on request by the first President.
The order of exemption or authorization is not tax.
Article 34 in the event of total or partial exemption of logging, the fees and taxation to witnesses are advanced by the Treasury.
Title II: The procedure of appeal in CASSATION summary Chapter 1: of provisions Commons Article 35 the appeal is open to any person who was a party to decision company as well as to the Attorney General about the Court of Cassation.
The appeal in cassation against interlocutory judgements is open only after the final judgment; but execution, even voluntary, such judgment cannot be, in any case, opposite as end of non - receive.
Article 36 the Attorney General near the Court of Cassation may appeal in any case and notwithstanding the expiry of the time limits only on order of the Minister of Justice, or in the sole interest of the Act.
In the latter case, and subject to what is provided for in article 48 of this organic law, the decision of the Court can neither benefit nor harm to the parties.
When the Attorney General is appealing at the behest of the Minister of Justice, the Clerk shall notify the parties that can be represented in the proceeding and take conclusions its requisitions.
The order of the Minister of Justice must be given within the period of limitation of actions that gives place and be subject to an excess of power in the decision or an evil considered certain.
This injunction is motivated and mentions it or means that the Attorney General can, is it necessary, rely in support of his indictment.
The judgment on appeal at the behest of the Minister of Justice is binding on the parties.
Article 37 subject to what is said in the last paragraph of this article, the Court of Cassation does not know of the substance of the cases.
If an appeal brought for any other reason that incompetence is rejected, the applicant can no longer to appeal to the Supreme Court in the same case under any circumstances and for any reason whatsoever.
Subject to the provisions of paragraphs 4 and 5 following, if after cassation there remains some dispute to judge, the Court returns the cause for the merits the same otherwise composed jurisdiction or a Court of the same rank and the same order that it designates.
Where the decision is broken for incompetence, the cause is returned to the competent court which it designates.
The national court may not decline jurisdiction. It is required to comply with the decision of the Court on the verge of law considered by it.
When the case is referred by the combined Chambers, in a case which has already been the subject of a first appeal, or in a case that has been the subject of an appeal by the Attorney General at the behest of the Minister of Justice, the Court statue on the bottom.
Chapter II: Rules specific to the CASSATION law deprives summary 1st SECTION: time limits Article 38 except in cases where the Loi· has established a shorter period, the time limit for filing the request shall be three months from the date of notification of the contested decision.
However, when the judgment or the judgment was rendered by default, the appeal is opened and the time limit starts to run towards the defaulting party only. the day where the opposition is more responsive.
The opposition against the decision suspends the cassation procedure. If the opposition is declared admissible, the appeal should be dismissed without object.
Article 39 the deadlines for filing the brief in response to the appeal is one month from the date of service of the application. This period is increased by three months for persons residing abroad.
Article 40 with the exception of acts of withdrawal, resumption of proceeding, no subsequent production of parts or submissions shall be permitted after the expiry of the time limits.
Time limits for appeal and appeal in cassation are not suspension of the execution of the decision, except when it changes the status of the people.
Article 41 the civil request suspends, for all the parties involved, the time limit for the appeal, which incorporates courses from the meaning of the judgment or the judgment that ruled definitively on the request.
SECTION 2: The form of appeal Article 42 decision shipping company and all judgments or judgments before right as well as the copy of the assignment of the first degree, shipment of the judgment of first instance, the copy of the conclusions of the parties taken in first degree and appeal, the copy of the leaves of first degree and appeal hearing must be attached to the application instituting the appeal.
Article 43 in addition to the particulars provided for in article. 2, the query contains the statement by means of the plaintiff, findings and an indication of the provisions of duly ratified international treaties, laws or the principles of customary law whose infringement is invoked, all on pain of nullity.
Article 44 when the Attorney General considers having to oppose the appeal a way inferred from the lack of a rule affecting public order and which was not argued by the production of parts, it's actually an indictment filed at the registry. The Registrar shall notify counsel for the parties to the case at least eight clear days before the date of the hearing.
If lawyers did not receive notification eight days prior to the hearing, the Court may order the return of the case to a later date.
Chapter III: Of rules own A LA CASSATION EN material criminal summary SECTION I: the period of appeal Article 45 the time limit for appeal is forty days from the date of the pronouncement of the judgment or the judgment relied.
The Attorney General about the Court of appeal and the listener military superior disposent· However a fixed period of three months from the pronouncement of the judgment or the judgment.
When the judgment or the judgment was rendered by default, the appeal is opened and the time limit begins to run against the convicted person the day where the opposition is more responsive.
For the civil party and the party civilly liable, the period shall during the tenth day following the date of service of the judgment or the judgment.
Article 46 the opposition filed by the convict against the decision suspends the procedure of cassation. If the opposition is declared admissible, the appeal is dismissed, without object.
Article 47 the time limit and the exercise of the appeal are suspension of execution of the decision for all parties.
The convicted person is in pre-trial detention or the immediate arrest was pronounced by the Court of appeal is, however, maintained in this condition until suffered detention has covered the main penal servitude imposed by the contested decision.
In addition, when there is serious and exceptional circumstances that justify it or where there are serious indications suggesting that the convicted person may attempt to evade, leakage, to the execution of the penal servitude, Crown near the appellate court that rendered the decision may order his imprisonment during the time limit and the exercise of appeal by reasoned order, which continues until suffered detention has covered the main penal servitude imposed by the contested decision.
It must, within 48 hours, transmit its decision to the Attorney General about the Court of Cassation by registered letter or by hand with acknowledgement of receipt.
However, the convicted person which is in a State of preventive detention or arrest was ordered by the Court of appeal or by the public prosecutor about this jurisdiction may introduce, before the Court of Cassation, a request for release or bail, with or without bail.
If the convicted person is not present or it is not represented by counsel bearer of a special power of Attorney, the Court shall decide on parts.
This Court adjudges, all cases postpone, within twenty-four hours from the hearing at which the Crown made its requisitions.
The provisions of articles 45 and 47 of the Decree of August 06, 1959 on the Code of criminal procedure shall apply to the Court of Cassation.
Article 48 where the Attorney General is appealing in the sole interest of the Act, his act benefits the condemned as only criminal convictions.
SECTION 2: The shape of appeal Article 49 · By way of derogation from article 1 of this Act organic, the appeal against the decisions or judgments of the criminal courts can be formed by a statement orally or in writing of the parties made to the registry of the Court that made the decision.
The statement is verbal by the only indication of the intention to appeal and the designation of the decision. The convicted person in custodial State may make the declaration before the keeper of the prison or he is incarcerated. The custodian shall draw up minutes of the declaration and delivers it, without delay, to the clerk of the Court which gave the judgment.
The clerk prepared statement. It delivers a copy of deed to the declarant and the Crown near the Court which issued the decision. It shall immediately transmit a copy of this Act to the Registrar of the Court of Cassation with the judicial record of the case.
The cassation appeal of declaration at the registry of the Court which rendered the judgment shall, on pain of unacceptability, be confirmed, within three months, by a request made in the planned form in articles 1 to 3 of this organic law.
Article 50 taken means to the appeal in cassation-forming query indicate the provisions of duly ratified international treaties and the laws whose violation is shown.
SECTION 3: The implementation status of the case Article 51 upon receipt of the request, the clerk of the Court claims to the clerk of the Court which rendered the decision the court record and dispatch of decision undertaken, if these pieces do not have him be handed with the statement of appeal.
Articles 52 of the receipt of the shipment of the Act of the appeal in the registry of the Court which made the contested decision, the Registrar of the Court shall notify the Attorney General about the Court of Cassation.
Upon receipt of the request forming the appeal, the clerk actually notification to all parties as well as to the Attorney General at the Court of cassation.
Article 53 to date of the service of the motion, the parties have 30 days to file a submission.
Article 54 after a delay of 20 days of the day was made the last notification of all submissions in response, the cause is deemed to State to be tried.
The Clerk shall transmit the file to the Attorney General about the Court of Cassation, it prepare these requisitions and then file the file to the registry, for the purposes of continuation of proceedings as provided for in article 10 of this organic law.
Title III: Special PROCEDURES before the Court of CASSATION summary Chapter 1: of the socket A part SECTION I: CAUSES of opening of A part section 55 every magistrate of the judiciary can be taken part in the following cases: 1. If there has been fraud or extortion committed either in the course of instruction, either during the decision;
2. If there is miscarriage of justice.
Article 56 the dol is a voluntary violation of law by the magistrate to reach an erroneous conclusion with the aim of providing an unfair advantage to a party. It is characterized by bad faith, by fireworks and the man works that give the decision a legal value apparent.
The gross error of law is equivalent to fraud.
Article 57 the concussion is the fact that a magistrate to order to collect, require or receive what he knew to be not due or exceder· What was due, for duties, taxes, tax, income or interest, wages or salaries.
Article 58 there is miscarriage of justice when the magistrate refuses to carry out the duties of his office or neglects to in State cases to be tried.
Denial of justice is witnessed by two demands made by the bailiff and addressed to the magistrate eight days apart at least.
SECTION II: The PROCEDURE of taking A part section 59 of the Court by a query that must, on pain of unacceptability, be introduced within a period of 12 months, by a lawyer, from the day of delivery of the decision or the meaning as it is contradictory or default or at the same time from the date the applicant has taken · knowledge of the Act or of the impugned conduct.
In the event of denial of justice, the application is lodged within twelve months from the second demand made by the bailiff.
In addition to the particulars provided for in articles 1 and 2 of this organic law, the query contains the claims of the applicant damages and, possibly, the annulment of the judgments or judgments, ordinances, minutes or other acts attacked.
Article 60 the application is served on the magistrate took part which provides its means of defence within 15 days of the notification. Otherwise, the cause shall be deemed to State.
Article 61 If the plug part is declared founded, the Court annulled the judgments, judgments, orders, minutes or any other acts attacked without prejudice to damages and interest owed to the applicant.
Article 62 from the meaning of the query until the pronouncement of the judgment, under penalty of nullity of the proceedings, the magistrate took part will abstain from the knowledge of any case involving the applicant, spouse or relatives in a direct line.
Articles 63 the State is jointly and severally liable of convictions to damages in charge of the magistrate.
Article 64 the judge targeted by vexatious and reckless action can apply make the conviction of the applicant as damages.
Chapter II: The referral of jurisdiction summary Article 65 in reference material, it is method, the Court, in accordance with the provisions of this organic law and relevant of the organic law on the Organization, functioning and competence of the courts of the judicial order.
Chapter III: The regulation of judge Article 66 there are place to judge rules when two or more courts of the judiciary, acting as a last resort, occur at the same time either competent or incompetent, to hear and determine an application driven between the same parties.
The judges may be requested by application of one of the parties to the cause or the public prosecutor's Office near one of the jurisdictions concerned.
The Court of Cassation means the jurisdiction that will cause.
Chapter IV: DE LA REVISION summary Article 67 review of the past in res judicata convictions may be requested for any indictable offence penal servitude more than two months, regardless of the Court which ruled and the penalty that has been imposed, when: 1. after a conviction, a new judgment or judgment condemned, for the same facts , another warned, and that the two convictions cannot be reconciled, their contradiction is the proof of the innocence of one or the other convict.
2. subsequent to the conviction, one of the witnesses was prosecuted and sentenced for false testimony against the accused;
Thus sentenced witness can no longer be heard in new debates;
3. after a conviction for homicide, there are sufficient indications to believe in the existence of the alleged victim of homicide;
4. after a conviction, a fact comes to prove or unknown parts in the debates are presented and that this fact or these parts are likely to establish the innocence of the convicted person.
Section 68 is part of the right to request the review: 1. the Minister of Justice;
2. to the sentenced person or, in the case of disability, to his representative, after death or the reported absence of the convicted person, his spouse, descendants, ascendants, his successors and his legatees.
Article 69 the Court of Cassation is seized by the Attorney General pursuant to the order of the Minister of Justice, or by the request of one of the parties referred to in paragraph 2 of article 68 of this organic law.
If the judgment or the judgment of conviction has not been executed, the execution of the decision may be suspended by the Court.
Article 70 in the case of admissibility, if the case is not in condition, the Court proceeded directly, or by commission, to all investigations into the facts, confrontations, recognition of identity and duties specific to the manifestation of the truth.
The Court reject the application if it considers it not founded. If, on the contrary, it justice based, it cancels the conviction. It appreciates, in this case, is it possible to make new contradictory debates. If so, it returns the accused to another court same order and the same degree than issuing the judgment or the judgment cancelled or before the same court otherwise composed.
If cancellation of the judgment or the judgment with respect to a living convicted leaves nothing that could be characterized as offence, no reference is pronounced. In this case, the sentenced person in custody is released.
If the Court finds that there is unable to proceed with further discussions, particularly due to the death of the absence, of dementia, the failure of one or more convicts of criminal irresponsibility, the requirement of public action or punishment, decision on the merits. If there is at the trial, the civil parties are heard.
When deciding on the merits. The court annuls that convictions which were unfairly handed down. It unloads, if applicable, the memory of the dead.
Article 71 off resulting in the innocence of a convicted person may, at his request, allocate damages due to the prejudice caused to him by his conviction.
If the victim of judicial error has died, the right to seek damages owned, under the same conditions, to the spouse, descendants and ascendants, and his successors. It belongs to other persons provided that they justify a material prejudice resulting to them of the conviction. Demand for damages is admissible in any case of the revision procedure.
Damages are borne by the State, except his remedy against the civil party, whistleblowers or the false witnesses by the fault of which the sentence was imposed.
Article 72 the review proceedings costs are advanced by the Treasury from the filing of the application to the Court of Cassation. The applicant for revision which failed in its instance is sentenced at all costs.
If the judgment or final judgment, after referral, pronounces a conviction, is responsibility of the convicted person the cost of this single instance.
The judgment of the Court of Cassation, or judgment after review from which resulted the innocence of a convicted person is, at the instance of the clerk, displayed in the locality: 1. where was pronounced the sentence.
2. where to seat the reviewing court;
3. where public action has been opened;
4. the domicile of applicants for review;
5. from his last home when the victim died.
In addition, they are, at the request of the applicant for revision, published by extract in the Official Gazette and in two newspapers.
Advertising expenses are in charge of the Treasury.
Title IV: Proceedings against the persons referred to in ARTICLE 153 paragraph 3 of the CONSTITUTIONSommaire Chapter 1: proceedings against members of Parliament Article 73
No parliamentarian can be prosecuted, searched, arrested, detained or judged because of the opinions or votes cast by him in the exercise of its functions.
No Member may, during the session, be prosecuted or arrested, except in flagrante delicto, only with the authorization of the National Assembly or the Senate, as the case may be.
Outside sessions, no parliamentarian can be stopped only with the authorisation of the Bureau of the National Assembly or the Senate Office, except in flagrante delicto, authorized prosecution or final conviction.
Even in the case where the facts would be egregious or deemed such if the room parent decides, ongoing training of a cause, suspend the prosecution and detention of a member of the House, this decision is immediately enforceable, but it ceases to produce its effects from the closing of the session.
Article 74 judicial police officer or the officer of the public prosecutor who receives a complaint, a denunciation or finds the existence of a same flagrant offence dependants of a person who, at the time of the complaint or the observation is a member of the Parliament, transmits its minutes directly to the Attorney General about the Court of Cassation and notify its hierarchical heads of the judiciary.
The Attorney General the Court of Cassation shall inform the Bureau of the Chamber which is the parliamentary.
Article 75 except in the case where the Member can be prosecuted or detained without the consent of the National Assembly, the Senate or their office as appropriate, if the Attorney General about the Court of Cassation, believes that nature of the facts and the seriousness of the identified clues justify the exercise of public action, it addressed to the Bureau of the Chamber which part the parliamentary an indictment for the purposes of the statement.
After authorization, the Attorney General asked all acts of instruction.
Article 76 the ordinary rules of criminal procedure are applicable to the pre-trial.
However, the Court of Cassation is only competent to authorise the placing in custody which it determines the terms and conditions in each case.
Pre-trial detention is replaced by the assignment to house arrest.
Article 77 if the Attorney General considers having to bring the accused before the Court, he addresses an indictment in the Office of the Cham.bre which part the parliamentary · in order to obtain the lifting of immunities and the authorization of prosecutions.
Once the authorization is obtained, it transmits the file to the first president for establishment of hearing.
The Attorney General did cite the accused before the Court at the same time as persons jointly pursued because of their participation in the infringement by the Member or related offence.
Article 78 the constitution of civil party is not admissible before the Court of Cassation.
Similarly, the Court cannot adjudicate ex officio on the damages and remedies that may be due under law, custom or local custom.
The civil action may be continued only after the final judgment of the Court and before the ordinary courts.
Article 79 otherwise legal, the ordinary rules of criminal procedure shall apply to the Court for everything concerning the statement at the hearing and the judgment.
Chapter II: Of prosecution against the members of Government other than the Prime Minister summary Article 80 without prejudice to the procedure for egregious intentional offences, the decision of prosecution as well as implementation charge of other members of the Government that the Prime Minister are passed by an absolute majority of members of the National Assembly following the procedure laid down by its rules of procedure.
Any member of the Government indicted presented his resignation within 24 hours. After this period, it shall be deemed to have resigned.
Article 81 the Attorney General near the Supreme Court ensures the exercise of public action in the investigative and prosecution acts. It was the initiative of the investigation of the alleged offences to the members of the Government.
It receives complaints and denunciations, and gathers evidence. It means anyone who might contribute to the manifestation of the truth.
It shall inform the President of the Republic and the Prime Minister by registered letter or by hand with acknowledgement of receipt.
Article 82 if a judicial Police officer or an officer of the Public Prosecutor receives a complaint, a denunciation or determine the existence of an offence dependants of a person who, at the time of the complaint or denunciation, is a member of the Government, it transmits its minutes all postpone cases to the Attorney General about the Court of Cassation and refrains from any other duty.
Notify its hierarchical heads of the judiciary.
Articles 83 if the Attorney General considers sufficient corroborating facts and reporting, he addresses an indictment to the National Assembly in order to obtain from it the prosecution permission that allows it to complete preparatory instruction and take coercive measures involving deprivation of liberty against the offending Government member.
It shall notify the President of the Republic and the Prime Minister by registered letter or by hand with acknowledgement of receipt.
Article 84 the provisions of articles 75 to 79 of this organic law shall apply mutatis mutandis to proceedings against members of the Government other than the Prime Minister.
Chapter III: Proceedings against the persons referred to in ARTICLE 153, paragraph 3 of the CONSTITUTION other than blatant parliamentarians and members of Government summary Article 85 without prejudice to the procedure in respect of intentional offences, members of the Constitutional Court and those of the public prosecutor at this Court, judges of the Supreme Court as well as those of the public prosecutor at the Court the members of the Council of State and those of the Prosecutor's Office about this Council, the first Presidents of the courts of appeal so that Attorneys General about these courses, the first Presidents of the administrative courts of appeal and the prosecutors about these courses may be prosecuted only on permission of the Office of the Superior Council of the judiciary.
Article 86 without prejudice to the procedure for egregious intentional offences, members of the Court of Auditors and those of the Prosecutor's Office about this Court may be prosecuted and indicted by the National Assembly, acting with the secret ballot and the absolute majority of the votes cast and, at the request of the Attorney General.
Article 87 without prejudice to the procedure for egregious intentional offences, Governors, Vice-Governors of the provinces and the provincial Ministers cannot be prosecuted and put in charge than by the Provincial Assembly, acting by secret ballot and by an absolute majority of the members that make up.
The provisions of sections 80, paragraph 2, to 84 shall apply mutatis mutandis to the Governors and ViceGouverneurs.
Article 88 the President of the Provincial Assembly cannot be prosecuted, searched, arrested, detained or judged because of the opinions or votes cast by him in the exercise of its functions.
It cannot, under the sessions be prosecuted or arrested except in flagrante delicto, only with the permission of the Provincial Assembly.
Outside sessions, it can be stopped only with the permission of the Office of the Provincial Assembly, except in flagrante delicto, authorized prosecution or administrative conviction.
The detention or prosecution of the President of the Provincial Assembly is suspended if the provincial assembly requires. The suspension may not exceed the duration of the current session.
Title V: the provisions transitional and final summary Article 89 cases falling within the jurisdiction of the Court of Cassation, pending before the Supreme Court of justice and the military high court shall be transferred, in the State, the Court of Cassation since its installation.
Article 90 pending review legislation on the bar, lawyers registered at the bar near the Supreme Court of justice exercise their profession before the Court of Cassation.
Section 91 titles II and IV of the Ordinance-Law No. 82-017 of 31 March 1982 on the procedure before the Supreme Court of Justice are repealed.
Section 92 this organic law comes into force 30 days after its promulgation.
Done at Kinshasa, February 19, 2013 Joseph KABILA KABANGE