DRC: The population urged to refrain from false allegations (a lawyer)

Kinshasa, April 15^th, 2025 (CPA).– The population of the Democratic Republic of Congo (DRC) was urged to refrain from “false allegations”, which constitute the offence of damaging imputation by a lawyer of the Mai-Ndombe bar, in the south-west of the country, during an interview on Tuesday in Kinshasa.  « I urge the Congolese population to refrain from making false allegations, at the risk of incurring a penalty, notably for damaging imputation. Because in the DRC, people sometimes allege certain implausible facts, believing themselves to be free, yet they are committing an offence« , said Attorney Héritier Menga.  He therefore stressed the need to address this subject, which he felt was important, to enable those who are hitherto unaware of this offence to refrain from doing so, especially when speaking in public. “It is our responsibility, as jurists, to teach people some of their rights, but also their duties to avoid being punished by the law”, he said. Me Héritier Menga explained the constituent elements of the offence of damaging imputation or defamation. « In the constituent elements of the offence of damaging imputation, there is the material element, which is the imputation of a precise fact committed by a specific person. The imputed fact must be precise, i.e. a fact that is clearly determined. It is also a fact that can be the subject of proof, of a contradictory debate to establish its reality or falsity. But there is also the moral element. That’s where we see the intention of the perpetrator, » explained Attorney Menga, emphasizing the desire to harm another person. At this level, the public prosecutor has to provide proof, by demonstrating this malicious intent to harm the other. In his view, common mortals need to understand this type of offence, so as to avoid it. « Harmful imputation is recurrent in the DRC. It is the cause of many complaints. We need to explain to the population what harm this can cause them. They will then be able to refrain from committing many acts that could harm them », he maintained. He also noted the different forms of imputation. « There is positive imputation, when a fact is confirmed. On the other hand, there is negative imputation, where the perpetrator imputes a fact and presents it in negative form“, said Me Menga ”There is also conditional imputation, where the perpetrator does not affirm or deny the fact, but presents it in conditional form », he added, explaining the legal basis for this offence in the DRC. He added: « This offence is punishable under Congolese law, in accordance with article 74 of the Congolese Penal Code, Book II. This article firstly determines who is guilty of this offence, while providing for the penalty. « The person guilty of this offence is anyone who has maliciously and publicly imputed a specific fault to a person. This must be of such a nature as to damage his or her reputation or expose him or her to public contempt. This is followed by a sentence of penal servitude of eight days to one year and a fine », he emphasized. He also hammered home the point about undermining honor. « Imputation likely to harm a person’s honor or consideration is punishable under the Penal Code, but the law does not define the honor that is criminally protected. This simply means that a simple attack on honor is sufficient. Although the law does not define what honor is criminally protected, for doctrine and jurisprudence it is the social value of a person or the reputation he or she enjoys », this lawyer also pointed out. « We also need to pinpoint an important point, because today, through social networks, people allow themselves to say anything, touching the private lives of others, without weighing the consequences. These facts can expose them to the law », he concluded. ACP/