Corruption is a perversion of morality and ethics, a plague that rages worldwide. In the DRC, it manifests in the diversion of processes and interactions, allowing some to gain undue advantages. It often leads to the personal enrichment of the corrupt individual or the corrupting organization.
Concurrently, concussion occurs in the exercise of a public function, especially in the management of public funds. Élie Vaghumawa, a lawyer at the bar of Kwilu and North Kivu, points out the lack of a clear distinction between these two concepts, other than the rate of penalty incurred.
Corruption and Concussion: Two Brother Legal Plagues
According to Master Vaghumahwa, corruption and concussion are two “brother” legal concepts, with the only difference being that the penalties incurred differ. A corrupt individual can face a penalty of up to two years of penal servitude, while a person guilty of concussion can be punished with up to five years of sentence.
Concussion, more specifically, is an offense committed by a public official who demands more than what is due or seeks undue advantages. Corruption, on the other hand, is punishable under several legislative texts, including articles 147 and 150 of the Congolese Penal Code Book II.
Public Services: The Fields of Application of these Plagues
These two concepts mainly apply in the field of public services. It is impossible to speak of corruption or concussion in the absence of an individual responsible for providing these services. The principle of equality before the law is fundamental; all citizens have the right to benefit from public services in a fair manner.
Facing Corruption and Concussion: The Duty to Denounce To fight these plagues
Master Vaghumawa advocates denunciation. If a public official demands an undue amount or service in exchange for his services, he must be denounced. However, he recalls that any individual who participated in an act of corruption without denouncing it can also be sanctioned.
The Impact on Public Administration in the DRC
Corruption and concussion are two of the main obstacles to a fair public administration in the DRC. They hinder the application of the principle of equality of all citizens before public service.
In summary, corruption and concussion are two major legal problems in the DRC. It is imperative to combat them to ensure the equality of all citizens before the law and guarantee a fair and equitable public administration.
Maki Barack Patrick
