Circumstances and persons concerned

The President bears personal responsibility for high treason, dishonouring the Assembly, and breaches of honour or probity (Article 73 of the Constitution). The High Court of Justice is competent to judge the President of the Republic and members of the Government for acts of high treason and violations committed while exercising, or at the time of exercising, their duties, as well as to judge their accomplices in cases of conspiring against state security (Article 136 of the Constitution)

Modalities and procedure

The High Court of Justice is bound by the definition of the violations and by the outcome of the sanctions resulting from the current penal law at the time of the acts. The decision of the proceedings plus the indictment of the President and the members of the Government are voted by a two-thirds majority of the members of the National Assembly. The taking of evidence is led by the magistrates of the prosecution chamber of the Court of Appeal having jurisdiction over the seat of the National Assembly.

Consequences

The President and the members of the Government are suspended from office in the case of indictment for high treason, dishonouring the National Assembly and breaches of honour and probity (Article 138 of the Constitution). If found guilty they are charged.

Have these procedures been applied?   No   

Not available