Circumstances and persons concerned

The Assembly may, with a vote of the absolute majority of all deputies, authorise and declare the removal of immunity from public officials. Without such a procedure, public officials who enjoy personal immunity under the Constitution cannot be arrested or prosecuted, except in cases relating to family and labour rights. This immunity can be lifted. In cases where immunity is lifted from the President or Vice-President for criminal offences the Supreme Court of Justice in plenary session is competent to try them.

Modalities and procedure

The Assembly receives charges or complaints from the judicial authorities or directly from citizens pressed against officials enjoying immunity in order to take note and resolve them (Article 138.24 of the Constitution). In no case may a President who may have a criminal charge involving more than a correctional penalty pending leave the country. Temporary absences from the national territory for longer than 15 days, and the temporary impossibility or incapacity to exercise the position, determined by the Assembly and approved by two-thirds of all deputies, are considered temporary faults of the President. In addition, (i) death; (ii) resignation if accepted by the Assembly; and (iii) total permanent incapacity determined by the Assembly and approved by two-thirds of all deputies are considered definitive faults of the President and Vice-President.

Consequences

In case of a temporary fault of the President, the Vice-President will assume the functions. In case of a simultaneous temporary impossibility or incapacity of the President and the Vice-President, the office of the President is assumed on an interim basis by the President of the Assembly. Should the President be definitively at fault, the Vice-President assumes the office for the rest of the term and the Assembly has to elect a new Vice-President. In case of definitive fault of the Vice-President, the Assembly appoints the person who substitutes for him. Should the fault of the President and Vice-President be definitive, the President of the Assembly assumes the office of the former. The Assembly appoints whoever must replace them within the first 72 hours from the occurrence of the vacancies. Those appointed in this manner exercise their functions for the rest of the term. In all the cases mentioned, the Assembly elects the replacements from among its members.

Have these procedures been applied?   No   

Not available