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Periodical article Periodical article
Title:Le droit pénal et la covid-19 en République Démocratique du Congo
Author:Kapenga, Jean Pierre Kabemba
Year:2021
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:8
Issue:1
Pages:119-134
Language:French
Geographic term:Congo (Democratic Republic of)
Subject:law
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2021-1-119
Abstract:The fight against the covid-19 pandemic is a survival challenge that every state in the world has set for itself. this fight inevitably involves the implementation of strict rules to be observed, the violation of which is accompanied by sanctions. however, in the drc, between penal logic and administrative logic, the choice is made on administrative repression, the implementation of which has failed to meet the need for the deterrence desired in this fight. however, this way is an expression of the sidelining of the criminal law, yet essential to ensure the constraint and the dissuasion. thus, after having described the problems posed in the management of the pandemic, this study proposed a new strategy based on taking into account a criminal policy of active recognition of human rights as a way out.. this does not at all exclude the penal aspect (which will have to be reorganized) postulates for taking into account the basic needs of the population in the fight against covid-19.
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