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14. Superior Military Auditors;
15. two presiding magistrates by jurisdiction [ressort] of Court[s] of Appeal,
elected by all of the magistrates of the jurisdiction for a mandate of three
years;
16. two prosecuting magistrates by jurisdiction of Court[s] of Appeal, elected
by all of the magistrates of the jurisdiction for a mandate of three years;
17. a presiding magistrate by jurisdiction of Military Court[s];
18. a prosecuting magistrate by jurisdiction of Military Court[s].
• Administrative court selection
• Supreme/ordinary court judge removal
• Ordinary court selection
It drafts the proposals of appointment, of promotion and of dismissal of the
magistrates.
It exercises the disciplinary power over the magistrates.
It gives its opinion on matters of recourse [for] pardon.
An organic law determines the organization and the functioning of the Superior
Council of the Magistrature.
Paragraph 2: Of the Jurisdictions of the Judicial Order
• Structure of the courts
• Supreme court powers
Article 153
An order of judicial jurisdictions is instituted, composed of the civil and military
courts and tribunals placed under the control of the Court of Cassation.
• Right to appeal judicial decisions
Without prejudice to the other competences which are assigned to it by this
Constitution or by the laws of the Republic, the Court of Cassation takes cognizance
of the appeals in cassation brought against the orders and judgments rendered in last
resort by the civil and military courts and tribunals.
Under the conditions specified by the Constitution and the laws of the Republic, the
Court of Cassation decides in the first and last resort on the infractions committed
by:
1. the members of the National Assembly and the Senate;
2. the members of the Government other than the Prime Minister;
3. the members of the Constitutional Court;
4. the magistrates of the Court of Cassation and the members of the
prosecutorial office before that Court;
5. the members of the Council of State and the members of the prosecutorial
office before that Council;
6.
the members of the Court of Accounts and the members of the
prosecutorial office before that Office;
Congo (Democratic Republic of the) 2005 (rev. 2011)
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