### Towards the creation of an economic and financial criminal court in the Democratic Republic of Congo: issues and prospects
On May 15, during a plenary of the National Assembly, the Minister of State Constant Mutamba presented a significant bill for the Congolese judicial landscape: the creation of a economic and financial criminal court, accompanied by a dedicated national prosecution. This project, which aims to strengthen the fight against corruption and economic offenses, raises essential questions about its functioning, its effectiveness and its implications for citizen society.
#### Context and objectives of the bill
The creation of this court is envisaged in a framework where corruption and economic offenses constitute major challenges for the Democratic Republic of Congo (DRC). According to several international reports, the country faces practices of embezzlement of public funds which hinder economic and social development. In this light, Constant Mutamba’s initiative appears to be a step towards the formalization of a judicial framework capable of processing these specific offenses.
The court, having its headquarters in Kinshasa, is awarded an extended material jurisdiction to suppress all economic offenses, while applying on a national scale. This ambition to centralize the fight against economic crime within a specialized jurisdiction raises the question of the accessibility of justice for all the actors of society.
#### Structure and functioning of the court
The economic and financial criminal court will consist of two chambers: the first instance chamber and the call chamber, in order to guarantee compliance with the principle of the double degree of jurisdiction. Added to this is a special room to treat extraordinary remedies, such as cassation. This organization shows a concern to ensure procedural guarantees to the litigants.
The project also includes the creation of a national economic and financial prosecutor’s office, where magistrates and judicial police officers will exercise their function. This has the advantage of increased specialization, allowing these professionals to be trained in the particularities of economic offenses.
#### Fate and prospects for the future
Despite the intentions behind this project, several challenges are looming on the horizon. The effectiveness of such a court will largely depend on the resources allocated to it, both financial and material. Weakened judicial systems, often insufficiently funded, may not have the capacity to manage an increased volume of files related to economic offenses.
In addition, the question of transparency in the functioning of this court is crucial. The control and accountability mechanisms, essential to inspire confidence in the public, must be clearly defined and implemented. Indeed, the fight against corruption itself can be marred if the institutions created to fight it lack clarity and integrity.
### The need for a solid legislative framework
In order for this bill to remain a simple declaration of intention, it is imperative that it is part of a solid and harmonized legislative framework with existing laws. This will require an open and constructive dialogue between the various political, judicial and civil society actors. Such an initiative could promote the support of all stakeholders and strengthen the legitimacy of economic justice.
#### Conclusion
The creation of a economic and financial criminal court in the DRC, carried by the Minister Constant Mutamba, represents a potential advance in the fight against corruption and economic offenses. However, it generates a range of considerations that deserve to be taken into account to ensure its success. In order for it to be effective, it is crucial to initiate an expanded dialogue around its implementation methods, to guarantee the necessary resources and to ensure the transparency of its operation. Through a thoughtful and inclusive approach, this project could become an effective tool in promoting healthy governance and sustainable development for the Democratic Republic of Congo.