DRC: the people urged to appropriate the action of the Financial Prosecutor at the Court of Auditors

Created since 1987, the financial prosecutor’s office near the Court of Auditors is yet unknown to a large section of the Congolese population. Faced with this problem, it is important, if not imperative, to make it known to both national and international opinion. That is what justifies the holding, this Thursday, August 15 in Kinshasa, of a point of press animated by the prosecutor general of this jurisdiction, Kayumba Nkudi Sultan.

The Berlin room of Kempeski River Congo hotel served as a framework for the holding of this point of press which is part of an awareness that leads for some time the financial floor near the Court of Accounts, in order to make known this body within the opinion.

Accompanied by a good bunch of general attorneys from the financial department, Kayumba Nkudi focused his argument on the role played by the financial department at the Court of Auditors.

« The role of the Public Prosecutor’s Office at the Court of Auditors as a financial court in a financial jurisdiction in our country is based in our Constitution on Articles 9, 173, 178, 179 and 180; in the law n ° 11/011 of 13 July 2011 on public finances in its articles 123,124,125,126,128,129 and 130; the organic law n ° 18/024 of 13 November 2018 on the composition, organization and functioning of the Court of Auditors in its Articles 3,5,8,17,18,19 and 294 « , said Kayumba Nkudi.

As such, the public prosecutor’s office or the body of the law is responsible for investigating offenses, identifying the perpetrators and initiating proceedings with the relevant financial jurisdiction and courts of the judiciary.

As curious as it may seem, the financial department at the Court of Auditors has not delivered a judgment since its creation in 1987. This, on the grounds that litigation supposed to be taken care of by him is rather brought back by litigants to the judicial jurisdictions , often out of ignorance.

Among the powers and attributions recognized by the Public Prosecutor’s Office at the Court of Auditors is the power to « prosecute the misdeeds of any public official of the State in matters of revenue with a view to rehabilitating the Treasury. public in its rights, taking into account the basic principle: assignments of budget revenues are mandatory minimums to achieve under pain of sanctions.  »

The Attorney General and all the Advocates-General of the Public Prosecutor’s Office at the Court of Auditors pledge to do their utmost to effectively exercise their power, particularly in the fight against corruption, tax evasion and the misappropriation of public funds. .

In accordance with the investigative powers of the Public Prosecutor’s Office as defined in Article 17 of Organic Law No. 18/024 of 13 November 2018 on the composition, organization and functioning of the Court of Auditors, the Public Prosecutor’s Office may, on its own initiative own, to carry out investigations to detect the fault of management which can lead either to the fiscal fraud, to the corruption of a public agent or to the embezzlement of public funds.

Olivier KAMO