Prostitution Prostitution laws in the Republic of the CongoRépublique du Congo
The Republic of the Congo has not adopted a penal code of its own: the Ministry of Justice's reference edition is the French Penal Code as applied in French Equatorial Africa. It contains no offence of prostitution as such, which a Brazzaville court official confirmed to the press in 2020. Procuring in a broad sense, including aiding another's prostitution or soliciting, sharing its proceeds and recruiting even a consenting adult, is punishable by six months to two years and a fine of 400,000 to 4 million CFA francs (Article 334), with heavier penalties for aggravated cases (Article 334 bis). Keeping, managing or habitually tolerating prostitution in an establishment open to the public is an offence (Article 335). Trafficking is covered by Law No. 22-2019 of 17 June 2019.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
The Republic of the Congo still applies the colonial French Penal Code as extended to French Equatorial Africa, with the 1946 French procuring and brothel provisions (Articles 334, 334 bis and 335) extended in 1947. Selling and buying sex between adults are not offences as such; procuring and keeping an establishment of prostitution are.[1][2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Legal | The Penal Code contains no offence of selling sex. A court official quoted in 2020 said there is no criminal qualification for prostitution. Article 334 bis refers to "provisions punishing public soliciting", but no such provision was found in the reference edition. Adultery by a married woman remains an offence on her husband's complaint (Article 337), which can apply to a married woman who sells sex.[1][2] |
| Buying sexual services | Legal | No provision penalises paying an adult for sex. The adultery provisions (Articles 336 to 339) can reach the partner of a married woman, who is punished as her accomplice, and a husband who keeps a concubine in the marital home, but they are not aimed at buying sex.[1] |
| Brothels and managed venues | Illegal Criminal offence | Anyone who holds, directly or through an intermediary, manages, directs or runs an establishment of prostitution, or habitually tolerates prostitution inside a hotel, furnished house, bar, club, dance hall or other place open to the public that they hold or manage, is punished with the penalties of the preceding article; penalties double for a repeat within ten years, and the licence is withdrawn and the venue may be closed (Article 335).[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Procuring covers knowingly aiding, assisting or protecting another's prostitution or soliciting, sharing its proceeds, living with a person who habitually sells sex without sufficient own means, recruiting or keeping a person, even a consenting adult, and acting as intermediary: six months to two years and 400,000 to 4 million francs (Article 334). Aggravated cases (minors, coercion, weapons, relatives, officials): two to five years and 1 to 10 million francs (Article 334 bis).[1][3][4] |
| Advertising sexual services | Restricted Breach: criminal offence | No provision specifically on advertising sexual services was found. A third party who publishes or carries such advertising could be charged under Article 334 as someone who aids another's prostitution or soliciting, and exhibiting or distributing images contrary to good morals is punishable by one month to one year (Article 287).[1] |
The law in detail
Selling sexual services
The Penal Code contains no offence of selling sex. A court official quoted in 2020 said there is no criminal qualification for prostitution. Article 334 bis refers to "provisions punishing public soliciting", but no such provision was found in the reference edition. Adultery by a married woman remains an offence on her husband's complaint (Article 337), which can apply to a married woman who sells sex.[1][2]
Confidence: medium. Read in the Ministry of Justice's 'Codes d'audience' compilation (scanned, undated, OCR text). A separate soliciting offence in police regulations or the contraventions part could not be checked.
Checked 30 October 2026
Buying sexual services
No provision penalises paying an adult for sex. The adultery provisions (Articles 336 to 339) can reach the partner of a married woman, who is punished as her accomplice, and a husband who keeps a concubine in the marital home, but they are not aimed at buying sex.[1]
Confidence: medium. Inferred from the absence of a client offence in the reference edition; later amendments, if any, could not be checked against an official consolidated text.
Checked 30 October 2026
Brothels and managed venues
Anyone who holds, directly or through an intermediary, manages, directs or runs an establishment of prostitution, or habitually tolerates prostitution inside a hotel, furnished house, bar, club, dance hall or other place open to the public that they hold or manage, is punished with the penalties of the preceding article; penalties double for a repeat within ten years, and the licence is withdrawn and the venue may be closed (Article 335).[1]
Confidence: medium. Article 335 refers to "the penalties of the preceding article", which in this edition is Article 334 bis (two to five years and 1 to 10 million francs); the exact reading of that cross-reference was not confirmed by case law.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Procuring covers knowingly aiding, assisting or protecting another's prostitution or soliciting, sharing its proceeds, living with a person who habitually sells sex without sufficient own means, recruiting or keeping a person, even a consenting adult, and acting as intermediary: six months to two years and 400,000 to 4 million francs (Article 334). Aggravated cases (minors, coercion, weapons, relatives, officials): two to five years and 1 to 10 million francs (Article 334 bis).[1][3][4]
Confidence: medium. The penalty ranges in the reference edition match those cited by the Ministry of Justice in its report to the UN study on violence against children. The text of the 2019 trafficking law was not opened.
Checked 30 October 2026
Advertising sexual services
No provision specifically on advertising sexual services was found. A third party who publishes or carries such advertising could be charged under Article 334 as someone who aids another's prostitution or soliciting, and exhibiting or distributing images contrary to good morals is punishable by one month to one year (Article 287).[1]
Confidence: low. Classification inferred from general provisions; no prosecution of an advertiser or website was found.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Codes d'audience : Code pénal applicable en Afrique équatoriale française Penal Code applicable in French Equatorial Africa (Ministry of Justice reference edition) art. 287 · art. 334 · art. 334 bis · art. 335 | Contains the procuring (334, 334 bis), brothel (335), adultery (336–339) and public-morals (287, 330) provisions.[1] | |
| Rapport national soumis par la République du Congo, Examen périodique universel, 45e session (A/HRC/WG.6/45/COG/1) Law No. 22-2019 of 17 June 2019 on combating trafficking in persons | The country's trafficking law, cited by the government as its response to UN recommendations on trafficking and exploitation of prostitution.[4] | 17 June 2019 |
Timeline
- 25 April 1947The French law of 13 April 1946 on procuring and the closure of brothels is promulgated in French Equatorial Africa, giving Articles 334 to 335 their current form.[1]
- 17 June 2019Law No. 22-2019 on combating trafficking in persons is adopted.[4]
- 4 May 2022Law No. 19-2022 (the Mouébara law) on combating violence against women is adopted, supplementing the Penal Code on violence against women.[4]
Sources
- Codes d'audience : Code pénal applicable en Afrique équatoriale française (Court codes: Penal Code applicable in French Equatorial Africa). Ministère de la Justice, République du Congo (Collection DTE, Éditions Giraf), via ILGA World database. legislation · accessed 30 October 2026
- Prostitution déguisée au Congo (Disguised prostitution in the Congo). La Brève Online, 26 November 2020. news · accessed 30 October 2026
- République du Congo, Ministère de la Justice et des Droits Humains : réponse au questionnaire de l'Étude des Nations Unies sur la violence contre les enfants (Republic of the Congo, Ministry of Justice and Human Rights: response to the UN Study on Violence against Children questionnaire). OHCHR. government · accessed 30 October 2026
- Rapport national soumis par la République du Congo, Examen périodique universel, 45e session (A/HRC/WG.6/45/COG/1) (National report submitted by the Republic of the Congo, Universal Periodic Review, 45th session). UN Human Rights Council (via UPR Info). government · accessed 30 October 2026