The recent tragedy that struck the educational community of Lycée Madame De Sévigné in Kinshasa has deeply shaken minds and raised crucial questions about accountability in matters of justice. The incident, which saw an 8th grade student stabbed to death by one of his classmates, and another seriously injured during a violent altercation, has highlighted the complexity of the issues of criminal and civil liability in the context of acts committed by minors.
In the area of criminal liability, Congolese law clearly establishes that children under the age of 14 benefit from an irrefutable presumption of irresponsibility. Thus, any child under the age of 14 brought before a judge is acquitted, considered to have acted without discernment. In the present case, if the alleged perpetrator of the acts is indeed under the age of 14, his criminal liability cannot be engaged, leaving room for an investigation into liability on the civil level.
With regard to civil liability, Article 260 of the Civil Code, Book III, clearly establishes the rules for compensation for damage caused by one’s own actions, those of others or those of things in one’s care. Parents, educators and educational organizations are called upon to answer for damage caused by minors under their responsibility, whether moral or material damage. Thus, the Lycée Madame De Sévigné could be required to assume its civil liability in the event of acts committed by its students, as an establishment having custody and supervision of minors at the time of the events.
It is then up to the competent judicial authorities to decide on the civil liability of the school and any sanctions to be applied, in particular with regard to compensation for damage caused to victims. This type of procedure aims not only to compensate victims, but also to raise awareness among educational institutions about the importance of preventing and managing conflicts within the school environment.
In conclusion, this tragic case highlights the need for in-depth reflection on the mechanisms of legal and educational responsibility in matters of violence between young people. By focusing on prevention, education and support for young people in difficulty, it is possible to avoid such tragedies and to promote a harmonious school environment that respects the rights and safety of all.
The issue of civil and criminal liability in such cases is crucial to ensure justice, safety and the protection of the rights of children and the educational community as a wholeThe case of the Madame De Sévigné high school in Kinshasa calls for collective reflection and concrete actions to prevent and manage conflict situations within educational establishments, in order to ensure a healthy and secure environment for the development of the younger generations.