The DRC Establishes an Economic and Financial Criminal Court (TPEF)

The Head of State, Félix-Antoine Tshisekedi Tshilombo, has taken a decisive step in modernizing the Congolese judicial system by promulgating, on March 15, 2026, the Ordinance-Law establishing the Economic and Financial Criminal Court (Tribunal Pénal Économique et Financier, hereinafter "TPEF") and the specialized public prosecutor's office attached thereto. This structural reform redefines the rules regarding compliance and the criminal liability of economic actors, marking a major turning point for governance and the attractiveness of the business climate in the Democratic Republic of the Congo.

The TPEF, with its seat in Kinshasa, has nationwide jurisdiction. It is not a court of exception, but rather a specialized court, established in full compliance with Article 149 of the Constitution.

Its originality lies in a structure designed to cover all sensitive sectors of the national economy. The Trial Court (First Instance Chamber) is thus divided into five specialized thematic sections:

1°  Mines;
2° Banking, Exchange, Money Laundering and Terrorist Financing;
3° Tax and Customs Offenses;
4° Corruption, Related Practices, Embezzlement and Public Procurement;
5° Telecommunications.

The TPEF has jurisdiction to prosecute any person, regardless of their official capacity, for serious economic and financial offenses such as corruption, influence peddling, extortion by a public official (concussion), currency counterfeiting, or offenses against exchange control regulations.

The establishment of the TPEF does not create duplication with existing structures, particularly the National Financial Intelligence Unit (Cellule Nationale de Renseignement Financier, hereinafter "CENAREF"). On the contrary, it completes the framework for combating financial delinquency by establishing a genuine specialized criminal chain.

- CENAREF (Administrative Phase): It receives suspicious transaction reports, lifts banking secrecy, and documents suspicious financial flows. Its administrative mandate ends where judicial action begins.
- TPEF (Judicial Phase): It receives reports from CENAREF, initiates criminal proceedings, and the court imposes sanctions (including imprisonment, fines, and confiscation).

Where CENAREF could only recommend administrative sanctions, the TPEF can now adjudicate and criminally convict the perpetrators of embezzlement, corruption, or money laundering.

The creation of the TPEF addresses a dual imperative: combating impunity and sanitizing the management of public funds and natural resources, while simultaneously meeting international standards (notably those of the FATF) by providing a judicial framework capable of handling complex financial crime.

However, the recent judicial history of the DRC calls for caution. The experience of commercial or labor courts demonstrates that a good law is not sufficient. The success of the TPEF rests on a key factor: the human element.

This court will only be effective if the magistrates who embody it demonstrate integrity, technical expertise, and independence in the face of pressure. The rigorous selection of judges, their continuous specialized training, and their statutory protection will be the true cornerstones of this reform.

As a business law firm, we welcome the creation of a specialized court that fills a procedural gap and has the potential to become a major tool for economic regulation. The TPEF is expected to strengthen the legal security of investments and the credibility of the Congolese financial center.

In the face of this new legal arsenal, vigilance regarding compliance becomes, more than ever, a strategic priority for companies and their directors.