Prostitution Prostitution laws in the Democratic Republic of the CongoRépublique démocratique du Congo
Selling and buying sex between adults are not offences in the Democratic Republic of the Congo; the Penal Code targets third parties. Since the 2006 sexual violence law, Article 174 b punishes with three months to five years and a fine of 50,000 to 100,000 Congolese francs anyone who recruits, entices or leads away a person over 18 into prostitution to satisfy another's passions, even with that person's consent, anyone who keeps a house of debauchery or prostitution, the souteneur who lives wholly or partly off a person whose prostitution he exploits, and anyone who habitually exploits another's prostitution in any other way. Forced prostitution is a separate offence (Article 174 c). Encouraging the debauchery of people under 18 is punished under Article 172. Exhibiting or advertising writings or images contrary to public morals is an offence (Article 175).
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
The Penal Code (Decree of 30 January 1940, as amended) contains no offence of selling or buying sex between adults, but punishes recruiting a person into prostitution even with their consent, keeping a house of prostitution, living off a sex worker's earnings and any other habitual exploitation of another's prostitution (Article 174 b, as renumbered by Law 06/018 of 2006).[1][2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Legal | No provision of the Penal Code makes selling sex, or soliciting for it, an offence for an adult. The prostitution provisions (Articles 172 and 174 b to 174 c) are aimed at those who recruit, exploit or force others, and at the corruption of minors.[1][2] |
| Buying sexual services | Legal | There is no offence of paying an adult for sex. Clients can be liable under the sexual violence provisions where the person is under 18 or has not consented, and under Article 174 c where the person was forced.[1][2] |
| Brothels and managed venues | Illegal Criminal offence | Keeping a house of debauchery or prostitution ("quiconque aura tenu une maison de débauche ou de prostitution") is punishable by three months to five years of penal servitude and a fine of 50,000 to 100,000 constant Congolese francs (Article 174 b, 2°). The provision has the same wording in the 2004 consolidation, when it followed Article 174.[1][2] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Article 174 b punishes with three months to five years and a fine anyone who, to satisfy another's passions, recruits, entices or leads away a person over 18 into prostitution, even with consent; the souteneur, who lives wholly or partly off a person whose prostitution he exploits; and anyone who habitually exploits another's prostitution in any other way. Forcing a person into sexual acts for gain is forced prostitution (Article 174 c).[1][2] |
| Advertising sexual services | Restricted Breach: criminal offence | No provision specifically on advertising sexual services was found. Exhibiting, selling or distributing writings, images or objects contrary to public morals, or announcing them by any means of publicity with a view to trade, carries eight days to one year and a fine (Article 175). An advertisement placed by a third party for another person could also fall under the recruitment or exploitation limbs of Article 174 b.[1][2] |
The law in detail
Selling sexual services
No provision of the Penal Code makes selling sex, or soliciting for it, an offence for an adult. The prostitution provisions (Articles 172 and 174 b to 174 c) are aimed at those who recruit, exploit or force others, and at the corruption of minors.[1][2]
Confidence: medium. Based on the 2004 official consolidation and the 2006 amending law; later amendments and provincial or municipal public-order measures, which may be used against street-based sex workers, were not checked. Police practice was not assessed.
Checked 30 October 2026
Buying sexual services
There is no offence of paying an adult for sex. Clients can be liable under the sexual violence provisions where the person is under 18 or has not consented, and under Article 174 c where the person was forced.[1][2]
Confidence: medium. Whether the general adultery offence of the Penal Code is used against clients was not checked.
Checked 30 October 2026
Brothels and managed venues
Keeping a house of debauchery or prostitution ("quiconque aura tenu une maison de débauche ou de prostitution") is punishable by three months to five years of penal servitude and a fine of 50,000 to 100,000 constant Congolese francs (Article 174 b, 2°). The provision has the same wording in the 2004 consolidation, when it followed Article 174.[1][2]
Confidence: medium. The two-column layout of the 2006 Journal officiel mixes the text of Article 174 b with neighbouring articles; the wording quoted was checked against the 2004 consolidation.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Article 174 b punishes with three months to five years and a fine anyone who, to satisfy another's passions, recruits, entices or leads away a person over 18 into prostitution, even with consent; the souteneur, who lives wholly or partly off a person whose prostitution he exploits; and anyone who habitually exploits another's prostitution in any other way. Forcing a person into sexual acts for gain is forced prostitution (Article 174 c).[1][2]
Before 2006 the recruitment offence applied to persons over 21 ("âgée ou apparemment âgée de plus de vingt et un ans") and the fine was expressed in zaïres. Law 06/018 lowered the threshold to 18 and introduced the offences of forced prostitution (art. 174 c), sexual harassment (174 d) and sexual slavery (174 e). Encouraging the debauchery or corruption of persons under 18 for the passions of another carries three months to five years (art. 172).
Confidence: medium. Read in the official Journal officiel texts of 2004 and 2006 hosted by legal-tools.org and FAOLEX.
Checked 30 October 2026
Advertising sexual services
No provision specifically on advertising sexual services was found. Exhibiting, selling or distributing writings, images or objects contrary to public morals, or announcing them by any means of publicity with a view to trade, carries eight days to one year and a fine (Article 175). An advertisement placed by a third party for another person could also fall under the recruitment or exploitation limbs of Article 174 b.[1][2]
Confidence: low. Classification inferred from general provisions; no case law found. Article 177 excludes liability where the acts cannot corrupt morals. The 2023 Digital Code and press laws were not opened.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Code pénal congolais, Décret du 30 janvier 1940 tel que modifié et complété à ce jour (Journal officiel, numéro spécial, 30 novembre 2004) Penal Code (Decree of 30 January 1940, as amended to 2004), official consolidation arts. 172–177 | Book II, Title VI: offences against family order and public morals, including the procuring, brothel and public-morals offences.[1] | 30 January 1940 |
| Loi n° 06/018 du 20 juillet 2006 modifiant et complétant le Décret du 30 janvier 1940 portant Code pénal congolais (Journal officiel n° 15, 1er août 2006) Law No. 06/018 of 20 July 2006 amending and supplementing the Penal Code arts. 172, 174 b–174 e | Rewrote the sexual violence section, renumbered the procuring and brothel offences as Article 174 b with an 18-year threshold, and added forced prostitution (174 c) and sexual slavery (174 e).[2] | 1 August 2006 |
Timeline
- 30 January 1940Decree adopting the Congolese Penal Code, including offences of keeping a brothel and living off prostitution.[1]
- 20 July 2006Law No. 06/018 on sexual violence amends the Penal Code, setting out the procuring and brothel offences in Article 174 b and adding forced prostitution; published in the Journal officiel on 1 August 2006.[2]
Sources
- Code pénal congolais, Décret du 30 janvier 1940 tel que modifié et complété à ce jour (Journal officiel, numéro spécial, 30 novembre 2004) (Congolese Penal Code, Decree of 30 January 1940 as amended (Official Journal special issue, 30 November 2004)). Journal officiel de la République démocratique du Congo (copy on ICC Legal Tools), 30 November 2004. legislation · accessed 30 October 2026
- Loi n° 06/018 du 20 juillet 2006 modifiant et complétant le Décret du 30 janvier 1940 portant Code pénal congolais (Journal officiel n° 15, 1er août 2006) (Law No. 06/018 of 20 July 2006 amending and supplementing the Penal Code). Journal officiel de la République démocratique du Congo (copy on FAOLEX), 1 August 2006. legislation · accessed 30 October 2026