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Judicial Authority

Title IX Judicial Authority

Article 129: Supreme Court, Independence

1. Judicial Authority shall be exercised by the Supreme Court and the other national jurisdictions created by law.

2. It shall be independent of the Executive Authority and the Legislative Authority.

3. The Supreme Court shall consist of Magistrates elected by Parliament convened in congress in conditions fixed by law.

4. The members of the Supreme Court shall be irremovable. They shall continue in function until the age of retirement, except in the case of condemnation for crimes and misdemeanors, indignity, insanity, resignation, death, or definitive incapacity.

5. The law shall fix the organization, the composition, and the functioning of the Supreme Court.

Article 130: No Modification or Influence

1. The Legislative Authority shall neither decree upon contestants, nor modify a decision of justice.

2. Any law of which the goal is to furnish a solution to an ongoing process shall be prohibited.

Article 131: No Influence of Executive

The Executive Authority shall neither decree upon contestants, nor impede the courts of justice, nor oppose the execution of a judicial decision.

Article 132: No Intrusion Into Other Powers

The Judicial Authority shall neither incrementally intrude upon the attributes of the Legislative Authority nor upon those of the Executive Authority.

Article 133: Decisions, Magistrates

1. The Judicial Authority shall decree upon the actions born of the application of the law and regulation. Its decisions shall be rendered in the name of the Congolese People.

2. A law shall define the status of Magistrates.

Article 134: Elections of Magistrates

1. The Magistrates shall be instituted by the High Council of the Magistrate presided over by the President of the Republic.

2. It shall consist of the President of the Supreme Court, Member by right, and the Magistrates elected by the Parliament convened in congress in conditions fixed by law.

Article 135: High Council of the Magistrates

1. The High Council of the Magistrate shall be the guarantor of the independence of the Judicial Authority.

2. On proposition of the High Council of the Magistrate, the President of the Republic shall name the Magistrates to their seats and tribunals.

3. The law shall fix the organization, composition, and the functioning of the High Council of the Magistrate.

Article 136: Disciplinary Authority

1. The High Council of the Magistrate shall decree as Disciplinary Council and as the organ of the carriers of the Magistrates.

2. It is thus presided over by the First President of the Supreme Court.

Article 137: Guardianship of Individual Liberties

1. No one shall be arbitrarily detained.

2. The Judicial Authority, guardian of individual liberties, shall assure the respect of this principle in conditions fixed by law.

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