Circumstances and persons concerned

The High Court of Justice is competent to judge the President and ministers upon indictment by the National Assembly for high treason or for crimes or offences committed while exercising their functions as well as their complicity in case of a conspiracy against national security (Article 95 of the Constitution). The President may also be prevented temporarily from carrying out his or her duties (Article 36 of the Constitution).

Modalities and procedure

The High Court of Justice is composed of members designated by the National Assembly at each general renewal [of the National Assembly]. The court elects its president from among its members. An indictment shall be publicly debated and requires the votes of two thirds of the deputies composing the National Assembly. The High Court of Justice is bound by the definition of the crimes and offences contained in the indictment and by the determination of the penalties laid down in the penal legislation in force at the time. When the President is prevented temporarily from carrying out his or her official duties these shall be provisionally performed by the Prime Minister.

Consequences

If the office of the Presidency of the Republic becomes vacant for any reason, including as a result of any absolute or unavoidable impediment, noted by the Constitutional Court on petition from the President of the National Assembly and the Prime Minister, the functions of the President shall be carried out by the President of the National Assembly and elections for a new President held. These elections are held between 21 and 40 days after the official recognition of the vacancy or impediment.

Have these procedures been applied?   No   

Not available