Détention préventive devant le tribunal de paix face aux privilèges des juridictions en droit congolais

Abstract

This work provides a broad overview of the principles of jurisdictional privileges before the justice of the peace in preventive detention, whereas, in principle, the justice of the peace is lacking the personal competence to judge those who benefit from jurisdictional privileges; this study shows that there is a remedy that emerges between judicial practice and the law, with the deplorable consequence, resulting in a contrast where the judicial system, meant to guarantee citizens' fundamental freedoms, violates them. Detention becomes a form of bargaining and is applied even when the conditions for its implementation are not met, for financial reasons and in the interest of subjecting the detainee to humiliation.