L'information judiciaire dans le code de procédure pénale camerounais

Abstract : The judicial investigation knew a remarkable evolution in Cameroonian law. Phase autonomous and led by investigating judge, it was from 1972, around a decade after the establishment of independence, assigned to another organ, the Prosecution, to fight against the outbreak of the organized crime. The concern of the legislator was to set up an adapted procedure, which answers effectively the dysfunction of the judicial system. Unfortunately, the new organization of this institution showed its limits, because of the blatant violation of the principles governing the criminal procedure and constitutionally protected on one hand, and on the other hand, of the violation of the rights and the individual freedoms. With the implementation of the judicial information by the Prosecution, there was more to be afraid for the violation of these rights and liberties, especially that the objectives of the demonstration of the truth and the good administration of the justice were not still reached. It was thus necessary to consider a reorganization of the judicial investigation. It was made possible with the institution of the Code of Criminal Procedure. The entry into force of this text allowed to observe a deep upheaval in the conduct of the judicial investigation, but also in the organization of this phase of the criminal procedure and the protection of the rights of the parties. The legislator returned on the traditional principles of the criminal procedure, by dedicating among others, the principles of the presumption of innocence and the separation of prosecution and investigation functions. Furthermore, by taking into account his historic past, from which arose a judicial duality, the legislator has to proceed to a real harmonization of the procedures of Roman Germanic Law and Common Law, by offering to the parties the necessary guarantees for the protection of their respective interests. However, we have to admit that in spite of the reform, the aimed objective is not reached, not only because all requirements for its implementation were not taken into account, but moreover, the text contains numerous gaps, to which we have to add the difficulty of the judicial authorities to respect its provisions. It’s thus inevitable to think of an umpteenth reform, so that the quest of truth which governs this phase of the criminal procedure is made in conditions which reconcile the good administration of the justice and the protection of the rights of the parties.
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Theses
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http://docnum.univ-lorraine.fr/prive/DDOC_T_2014_0354_DJESSI.pdf
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Submitted on : Thursday, March 29, 2018 - 1:24:16 PM
Last modification on : Tuesday, January 15, 2019 - 4:24:03 PM

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Priscille Grace Djessi Djemba. L'information judiciaire dans le code de procédure pénale camerounais. Droit. Université de Lorraine, 2014. Français. ⟨NNT : 2014LORR0354⟩. ⟨tel-01751675⟩

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