The study is about analysing criminal acts that estate compagnies commit because of their mandate. It gives responses to end this financial criminal infringements

La responsabilité trilogique des mandataires publics et la répression de la délinquance économique et financière

Mike Don José Muanda Nkole Wa Yhave () and Axel Don
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Axel Don: Institute of Climate-Smart Agriculture - Johann Heinrich von Thünen-Institut = Thünen Institute

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Abstract: Public management in the Democratic Republic of the Congo is currently the subject of controversy and a need to review the budgetary framework under deep and lasting governance. In the face of pressure from the Congolese judiciary, media and public opinion, the political class is beginning to fear the consequences resulting from the problems of state functioning. This elusive political class, complex in its composition today, was too ready to reduce scandals to exceptional slippages, it now resolves, out of fear at once out of necessity, to recognize them for what they are fundamentally: of system effects. For the political system, the issue of public governance eventually became a key issue on the agenda.The succession of cases related to financial and budgetary crime, of course, raises the question of compliance with legality. The reasons for charges against public managers are: abuse of social property, forgery and use of forgery, infringements of the Public Procurement Act, infringements of the Accounting Act, interference with the freedom of tenders, interest in public documents, and so on.However, a lack of attention to the offences committed by the offending managers and the legal proceedings brought against a handful of them requires that attention be focused exclusively on the question of the legal control of the acts committed by the public managers to the detriment of the broader issue of efficiency and accountability. Indeed, the investigations and audits reveal, in an almost systematic way, deficiencies which, if they are not formally punishable, which we regret, indicate in any case serious shortcomings in terms of management: conflicts of loyalty, confusion of interests, poor organisation, lack of management control, arbitrary recruitment, inadequate skills, poor accounting, lack of productivity, lack of evaluation, lack of communication, obsolete or nonexistent IT, etc. These findings are not only observed in the institutions affected by the scandals: throughout the analyses and audits, their presence, to varying degrees, is mentioned in most public administrations. Beyond compliance with statutory requirements, the question of the performance of public services is raised, and therefore necessarily the question of the responsibility of public managers. This question of «responsibility of Congolese public managers», remains complex and worries all Congolese today, it calls for a penal response above all, progressive, adapted to the various institutional contexts. In this study, we propose to discuss the main projects to be implemented.

Keywords: Public-managers-mismanagement-criminal-responsibility-financial-responsibilitybudgetary; discipline-budgetary; violations (search for similar items in EconPapers)
Date: 2025-05-25
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Published in 2025

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