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Out of session, a parliamentarian may only be arrested with the authorization of the
Bureau of the National Assembly or of the Bureau of the Senate, except in cases of
flagrante delicto, of authorized prosecution or of definitive sentence.
The detention or prosecution of a parliamentarian is suspended if the Chamber of
which he is a member requires it. The suspension may not exceed the duration of the
session in course.
Article 108
The mandate of National Deputy is incompatible with the mandate of Senator and
vice versa.
The mandate of Deputy or of Senator is incompatible with the following functions or
mandates:
1. member of the Government;
2. member of a institution in support of democracy;
3. member of the Armed Forces, of the National Police and of the services of
security;
4. magistrate;
5. career officer of the public services of the State;
6. territorial political-administrative group [cadre], with the exception of the
chiefs of the collectivité-chefferie [collectivity-headmanships] and groups;
7. active public mandate;
8. member of the cabinets of the President of the Republic, of the Prime
Minister, of the President of the National Assembly, of the President of the
Senate, of the members of the Government, and generally of a political or
administrative authority of the State, employed in a public enterprise or a
mixed-economy company;
9. any other elective mandate.
The mandate of National Deputy or of Senator is incompatible with the exercise of
remunerated functions conferred by a foreign State or an international organ.
Paragraph 4: Of the Rights of National Deputies and of
Senators
Article 109
The National Deputies and Senators have the right to circulate without restriction or
hindrance within the national territory and to leave it.
They have the right to an equitable indemnity which assures their independence and
their dignity. This is provided for in the Law of Finance.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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