@article{2019:joseph:les_peines,
title = {Les Peines et Leurs Attenuations en Droit Penal Congolais},
year = {2019},
note = {The Congolese criminal justice system is putting the effectiveness of
the rule of law to a severe test. There is an almost total inadequacy
between the policing service it must provide to society and the
rehabilitation of criminals who are members of the society it must
protect. To maintain social order, the State uses the enforcement of
sentences, which are governed by the principle of the legality of
sentences. Undoubtedly, criminal law is strictly interpreted and
applied. However, the State, recognizing that criminal law must be
humanized, has provided for mitigating circumstances. In Congolese
positive law, mitigating circumstances constitute the relaxation of
the principle of legality and not its violation. By affirming the
judge's freedom to assess the constituent elements on which to base
the retention of mitigating excuses, the legislator should limit his
or her power to set the rate of the sentence, indicating the minimum
below which he or she may not go under it.},
journal = {KAS African Law Study Library},
pages = {155--165},
author = {Joseph, Kaciunga Mbenga},
volume = {6},
number = {2}
}