The promotion of praxeological law leads us to conclude that the current military judicial code and the military penal code, instituted by two successive laws 023 and 024 of November 18, 2002 are characterized by a rigor inherited from the decree of December 22, 1888 of the colonial legislator establishing the military courts. This explains the "symbolic traps" within these codes, hence the urgent need for their reform so that the Congolese military justice is humanized and conform to the social experience, the socio-military praxis.
It must be said that there is need for the development of the praxeological military judicial law, capable of detecting "symbolic traps" in the various texts and codes that characterize the current military judiciary, and which will be the most effective response the problem of the humanization of military justice, particularly the abolition of military jurisdiction in peacetime, as in the Belgian and French legislation that constitute the bedrock of Congolese law.
Since the establishment of the military courts in DR Congo by the colonial legislator by decree from December 22, 1888 until February 18, 2006, date of the promulgation of the Constitutions of the Third Republic, the Officer of the Military Public Ministry remained regulatory body for preventive detention and the setting in motion of public action.
To say that there are absences from the procedure of the direct summons as mode of seizure of the military jurisdictions and absence of the chamber of advice required for a suitable justice.
The recognition of the procedures mentioned above remains a prerequisite for the proper administration of Congolese military justice.
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