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No
The Code of Criminal Procedure provides for the application of active personality jurisdiction for offences committed outside the territory by Congolese citizens but habitual residents are not included. Double criminality applies to offences that qualify as “délits” but is lifted for offences that qualify as “crimes”, and it also applies to complicity. The Code of Criminal Procedure does not provide for the application of passive personality jurisdiction for offences committed outside the territory against Congolese citizens. The Code of Criminal Procedure provides for universal jurisdiction over certain crimes if the perpetrator is found in the Republic of the Congo or is extradited. Congo extends its jurisdiction over certain crimes committed on the territory of one of the neighboring States on the basis of reciprocity. SEC related offences are not included in these provisions.
Extradition is only allowed if the perpetrator has committed an offence in the territory of the requesting State; outside its territory by a national of that State; or outside its territory by a person foreign to that State, when the offense can be prosecuted under Congolese laws. Congolese nationals cannot be extradited and extradition will be denied if the offence was committed in Congolese territory. Double criminality is required for proceeding with extraditions. Extraditable offences are not defined or listed in the Law on Extradition of Foreigners and there are no specific provisions on extradition of SEC related offences in the national legislation.
Code of Criminal Procedure, Constitution, Law on Extradition of Foreigners, CEMAC Extradition Agreement, 1963, 2015, 1982, 2004
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