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Beskrivelse
In the light of Article 4 of the Congolese Penal Code, the Congolese legislator punishes the perpetrator who has actually attempted to commit the crime (Rape) with the same penalty as the offence actually committed, unlike Belgian legislation on the subject which, incidentally, grants broad mitigating circumstances when the offence is not consummated in toto. Faced with these two international legal systems, this memoir has the merit of analyzing and criticizing these two repressive regimes comparatively, while proposing in lege ferenda that the Congolese legislator apply the principle of proportionality of penalties to the facts penalized by granting broad mitigating circumstances.
