The Applicability of the Cameroon Penal Code: Problems and Perspectives

Abstract

The need for a general theory of African criminal law raises questions about the real scope of the penal code system in Cameroon with regards to its contextualization. These questions stem from a substantial and consubstantial observation of the difficulty of reconciling the spirit of criminalization and the context in which it unfolds. Without really being revolutionary or peremptory, this study postulates that as far as the "spirit of law" is concerned, there is a relative gap between the context of its elaboration, its theoretical-practical foundations, and the context in which it applies. It follows from this observation that the Cameroonian penal system is the product of an authoritarian political system, itself heir to a mainly repressive colonial policy. This reality reflects the difficulty in applying certain provisions characterized by a repressive and punitive logic. It would therefore be interesting to develop a contextual penal architecture that would be more applicable and effective.