About the Courts & Tribunals of Guinea
- The Supreme Court
- The Court of Appeal, Court of First Instance, Justice of Peace
For more detailed information about the judiciary system in Guinea, read:
1. The Supreme Court
The Supreme Court is the highest court of the judicial organization of the Republic of Guinea.
It is known by the following denominations:
– Superior Court of Cassation from 1959 to 1984;
– Supreme Court, from 1984 to 1986;
– National Chamber of Cancellation, from 1986 to 1991;
– Supreme Court, from 1991 to the present day.
The Supreme Court is composed of:
- a First President;
- Two Presidents of Chambers;
- Ten Councillors;
- a Prosecutor General;
- a First Attorney General
- Two General Lawyers.
The Supreme Court includes, in addition, Auditors of Justice, and magistrates referendums, the number of which is fixed according to the needs.
The Supreme Court consists of three chambers:
- The Constitutional and Administrative Chamber;
- the Civil, Criminal Commercial and Social Chamber;
- the Chamber of Accounts.
1. The Constitutional and Administrative Chamber
The Constitutional and Administrative Chamber decides constitutionally on:
– candidatures for the presidency of the Republic;
– the regularity of the electoral operations for the election of the President of the
Republic and Deputies;
– disputes in electoral matters.
It decides on the administrative plan on:
– the excess of power of the executive authorities;
– the regulatory nature of certain legislative provisions
– and, more generally, all conflicts of jurisdiction between the executive and the legislative power.
2. The Civil, Criminal, Commercial and Social Chamber
The Civil, Criminal, Commercial and Social Chamber decides on:
– the cassation appeals lodged against the jurisdictional decisions rendered in last resort in civil, criminal, commercial and social matters;
– requests for review of the rules of the Judge, referrals from one jurisdiction to another, the taking of a party,
– Contrary judgments or judgments rendered in last resort ;
– the prosecution of the Magistrates;
– and, more generally, all conflicts of competence between formations
3. The Chamber of Accounts
The Chamber of Accounts decides on:
– accounts of public accountants ;
– the financial and accounting management of all organizations benefiting from the financial assistance from the state.
2. The Court of Appeals; Courts of First Instance; Justice of Peace.
A. The Court of Appeal
The Court of Appeal rules supreme on the merits of the cases submitted to it. Unless otherwise expressly stated, it shall rule on appeals against decisions rendered by:
- The Courts of First Instance and the Justices of Peace;
Professional disciplinary bodies;
- Decisions of any other jurisdiction, including professional or arbitral, in the cases provided for by law or the will of the parties.
- The Court of Appeal hears cases referred to it by the Supreme Court, after cassation.
The Court of Appeal is judge of the exequatur of judicial decisions rendered abroad. The first President is the judge of the exequatur of the arbitration decisions.
The Court of Appeal lists the oaths provided for by the regulations regulating certain professions.
The Court of Appeal exercises any other attribution which is devolved by a law or a regulation.
B. The Assize Court
The Court of Assizes is a formation of the Court of Appeal, composed of the same Magistrates of the Court of Appeal in criminal matters. It has its seat at the Court of Appeal.
The Court of Assizes may sit in a city other than that of the capital. So-called hearings are held.
C. The Assize Court of Minors
The Assize Court of Juveniles is the court in charge of judging any minors, who are at least 16 years old, accused of crime.
The Assize Court of Minors meets during the session of the Assize Court. It is composed of a President of the Assises, two Assessors and six Jurors.
The same Magistrates of the Assize Court of Common Law make up the Assize Court of Minors.
The organization, competence and composition of the Assize Court are set by the Code of Criminal Procedure.
There are two (2) Assize Courts in Conakry and Kankan.
D. The Court of First Instance
The jurisdiction of each Court of Appeal includes the Courts of First Instance and the Justices of Peace.
At the headquarters of each Administrative Region there is a Court of First Instance.
E. Justices of Peace
There exists in the chief place of each Prefecture not sheltering a Court of First Instance, a Justice of Peace.
The Justice of Peace is composed of a single Judge who assumes the functions of representative of the Public Ministry, investigating judge and judge.
One or more deputy judges or investigating judges may be appointed at the level of a Justice of Peace if necessary.