The domicile in Congolese criminal law of the DRC

The home is the ideal setting for individualization, as it is the place where freedom and intimacy are exercised. It serves to locate the physical or moral person in a given space, to attach it to a place where its intimacy is enclosed and expressed. Only, is not reduced only to the individualization of the person. It is the very extension of the person that it has the function to determine the territorial competence of the jurisdictions as well as the place of accomplishment of certain legal acts; while it plays the indispensable role in the various matters of public right, where it is the place allowing the individual to exercise his right and obligation with respect to the State: electoral and fiscal domicile. It is the importance of the home in the life of man that justifies its inviolability, and the Congolese legislator prohibits that it suffers from an arbitrary interference. This is an affirmation of the individual in the face of the State and of the opposability of his individual liberties to the public authority and to third parties.

Autorentext

Giresse E. KASAKA NGEMI hat an der Universität Révérend Kim einen Bachelor in Privat- und Justizrecht erworben. Er ist Mitglied der Anwaltskammer am Berufungsgericht Kinshasa/Matete und arbeitet als wissenschaftlicher Redakteur.