The functioning of the criminal courts systems in England and France and its influence in Cameroon : a comparative study

Ngwa-Tahmundungnji, Emmanuel (1997) The functioning of the criminal courts systems in England and France and its influence in Cameroon : a comparative study. University of Southampton, Doctoral Thesis.

Abstract

The General Introduction is more or less a historical survey of the reception of English and French procedural laws in the Republic of Cameroon from the colonial period to independence.

Chapter 1 deals with the historical development of criminal procedure in England and France and assesses its relevance to the development of criminal procedure in Cameroon.

Chapter 2 discusses the modern machinery of criminal justice in England, France, and Cameroon. It aims particularly to familiarise the reader with the Cameroonian situation.

Chapter 3 examines the role of the prosecution, judges, police and private individuals in the enforcement of criminal law in the three countries.

Chapter 4 is a critical analysis of the provisions of the Draft Cameroon Criminal Procedure Code especially as concerns pre-trial and trial. As a result of the analysis it discusses the dilemma of integration of criminal procedure in Cameroon.

Partly based on a questionnaire survey of a target local population of legal practitioners, Chapter 5 focuses on and analyses the results of the field work and also assesses the desirability of integrating criminal procedure in Cameroon.

The Conclusion argues against the integration, at least for the time being, of criminal procedure in Cameroon. Should integration of criminal procedure be an avowed goal in the eyes of the policy-makers, there must, prima facie, be an existing and conducive framework based on informed choices and available alternatives. Such choices and alternatives can only be found in the field of comparative criminal justice.

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