CHAPTER ONE

1.1  General Introduction

This topic of joint trial according to the Cameroonian procedure code can be a joint trail of two or more offenders who have committed several offences or trial of several indivisible offences committed by one person as provided by section 6 (1) (2) or it may be joint trial of actions as provided by section 59 and 61 of the same criminal procedure code.

However, some explanation will be necessary in order to draw the difference that exists between this sections concerning joint trial. Joint trial as provided in section 6 (1) (2) of the Cameroon criminal procedure code is the joint trial of several offences committed by one or more offenders , for example the case of aggravated theft where one or more offenders break into a house steal , kill and possess the stolen properties . Looking at the section 6 above, we have in this case aggravated theft, murder and accessory after the fact. These are several and indivisible offences which must be tried together. However, if there were several offenders, they will be jointly tried and if it was the acts of one offender, he will be tried for all those offences committed.

Nevertheless, section 59 and 61 0f the same code provides joint trail of the actions. In fact we all  know that civil and criminal actions (represent two different systems of laws in Cameroon) are two different jurisdiction systems of laws in Cameroon governed by two different jurisdictions but joint trial as provided in these section 59 and 61 ,is the trial of civil and criminal action together in the same court by the same judge. Therefore, the joint trial of this topic focuses on the joint trial of same action that Is, the trial of civil and criminal matters together as provided by section 59 and 61 of the Cameroonian criminal procedure code

According to section 61 of the Cameroonian criminal procedure code, a civil claim can be made alongside criminal action as long as they arise from the same offence. Hence, joint trial of actions is a procedure of hearing of a matter which is having both civil and criminal elements by a competent court. The goal of this project therefore is to assess the condition under which a civil and criminal matter can be jointly heard and also make an investigation to see problems the civil action faces in a criminal court in the course of joint trial of action. Thus the type of offence referring here is and offence with a double face in such a way that, in this offence we can have criminal elements as well as civil elements.

However, while trying an offence with a double face, the criminal face shall be the principle and the guiding face. In other words, when a criminal and civil actions are jointly tried , the criminal face of the offence fails, the civil face automatically fails in the criminal action and the plaintiff cannot longer bring a civil action for compensation in that matter, except and other wise . Nevertheless, the power of the criminal face over the civil face of the offence is not without consequences because it brings it bring injustice in some cases.

In fact, it should be noted that, this topic “the joint trial of criminal and civil matters under the Cameroonian law” focuses on the procedural law which deals with the application of the substantive law, governed by the penal code in which punishment or penalties are provided especially in it book 2 in other to sanction act which are considered illegal or which violate the law. Nevertheless the work of this study is carrying in procedural law which deals with the application of substantive law that is the criminal procedure code. In effect, the Cameroonian criminal law (penal code) does provided special obligation, a part from the penalties and punishment for those crimes or offenses which cause individual damage. Therefore, both the substantive and adjectival criminal law deals with joint trial of actions. However, the civil code and the civil procedure code intervene in the course of trial of actions. However the civil code and civil procedure code intervene in the course of trial when needed because the problem of how to award compensation may be raised. 

Cameroon has a bi-jurial legal system in which common law is applicable in the west Cameroon and civil law in the East Cameroon. But these laws had been harmonized in order to obtain Cameroonian law among which the criminal procedure code which deals with the procedure of the application of the penal code harmonized in 2005. Section 61 of law No 2005/007 of the 27^th July 2005 on criminal procedure code state that “the civil claim may be made alongside a criminal action before the same court as they arise from the same offence “. Also, section 59 of the same code say that, “the commission of an act can lead to a criminal or civil proceeding and to a civil action as the case maybe” In fact, following this section concerning our topic, we find two offence which is both criminal and civil offence. Equally, the civil procedure ordinance of the Federal state of Nigeria applicable in Anglophone Cameroon by virtue of section 68 of the 1996 constitution of Cameroon can be left outside because it is of great importance here especially as far as procedure to grant compensation to the civil party in criminal procedure is concerned.

1.2 Justification of the Study

The justification of this study has main reason to address to readers, that wherever they should know the best approach because nobody brings an action to court to fail. Hence the conditions that are to be observed before criminal and civil actions can be heard jointly are well respected. But due to the dependency of the civil face of the offence very much on the criminal face of the offence , civil action in facing many problem and therefore, the livelihood of the failure in the of it failure in the criminal court is very high. These problems may take many faces such as, injustice, the non-respect of civil procedure rules in the criminal court, and the proves of the civil matter in criminal court which become as in criminal matter that is, not more on the balance of probabilities, but beyond all reasonable doubt. As such, it is preferable that criminal and civil actions should not be jointly tried. They should be tried separately in order to really ensure the promotion of justice since these two action are even governed by independent laws.

On the other hand, an exception should be created to the general rule that in joint actions fails, the civil action automatically fails because the strict application of law without exception always amount to an injustice.

1.3 Literature Review

Reviewing this work, it is important to mention that some persons have already written totally or partially on the topic “Joint trial under the Cameroon criminal law”. For this purpose, attention is focused on these on these selected books and journal which are:

AKINOLA AGUDA, makes mention on how evidence can be obtained in court in both criminal and civil cases. In fact in the whole of this book, the author explains on how a fact can be proven in court and how the court admits proves the fact in issue. This book was for the first importance in this study because if it cannot be proven first of all that there is a case for a court to answer, it will be necessary to admit that case because, it will even not be possible of adducing evidence to support the fact of that case. However, his work differs from this in the sense that, in this study we are investigating on the difficulties of proving civil action when it is jointly tried with criminal action in criminal court.

Again, EWANG S.A makes mention of the divergent opinion raised in issues concerning joint trial of civil and criminal matters before the coming of the new Cameroonian criminal procedure code. For this purpose, the author relied on the sole exception. The author goes ahead to say how this divergent point of view has been solved by the new criminal procedure code of 2005 in view of the fact that, civil action is indented to provide compensation for damages resulting from the criminal action. However, our study although similar differ from his on the fact that, we are examining the difficulties which civil action phase in the course of joint trial of action in criminal courts. This is because the solution provided by the new criminal procedure code concerning joint trial of actions are relatively good.

1.4. Statement of Problem

The law made it possible for criminal and civil action to go on before a court concurrently in Cameroon, obligatory in the case of indivisible actions. However, joint trial of civil and criminal action under the Cameroonian criminal law is possible only if these actions are criminal and civil actions, are linked in such a way that one that one cannot be separated from other and therefore give, proof to joint actions. In fact this case, the civil face of the offence depends so much on the criminal face, until when the criminal face fails the civil face automatically fails. This dependency of the civil face of the offence over the criminal face is not normal because there are some cases where the criminal face can fail and the civil action of the offence still succeeds. Therefore it will be preferable that this action should always be tried separately because justice must not only be done, but must be seen to be done.

As far as the respect of rules provided by the in joint actions is concerned, the civil procedure rules are not respected because attention is focused only on criminal procedure.

As such, the worry of this work seeks to look at the conditions which must be fulfilled before criminal and civil actions are heard jointly and Investigate on the efficiency in the observation of civil procedure in joint actions in criminal court.

1.5 Research Questions

• What are the impacts of joint trial of actions?
• What are offences that can be both civil and criminal?
• Which court is competent to hear civil and criminal matters jointly?
• What are the conditions under which a court can obligatorily practice joint trial of actions

1.6 Research Hypothesis

Joint trial under the Cameroon legal system does not ensure and guarantee good justice.

1.7 Objective of The Study

• To analyze the impact of joint trial of actions?
• To examine the conditions under which a court can obligatorily practice joint trial of actions.
• To have an understanding of court in Cameroon having the competence to hear civil and criminal matters jointly.
• To examine what kind of offences that can be both civil and criminal.