Circumstances and persons concerned

The President may be suspended from office by the Chamber of Deputies and the Senate if he or she has committed grave acts infringing constitutional provisions (Article 95 of the Constitution). Both chambers may also decide to impeach the President for high treason. Only the Chamber of Deputies, the Senate and the President have the right to bring criminal charges against members of the Government (Article 109.2 of the Constitution).

Modalities and procedure

The President may be suspended from office by a majority vote of the deputies and senators in joint session after consultations with the Constitutional Court if he or she has committed grave acts infringing constitutional provisions. The President may provide the parliament with explanations regarding the matters of which he or she is accused. The motion to suspend the President from office must be tabled by at least one third of deputies and senators. Impeachment of the President for high treason requires at least two thirds of the votes of the deputies and senators meeting in joint session. Such a motion must be tabled by a majority of the deputies and senators and immediately brought to the President's notice so that he or she may provide explanations regarding the matters of which he or she is accused. The President is suspended from office de jure from the date on which the accusation is brought until the incumbent's dismissal.

The Chamber of Deputies, the Senate and the President have the right to bring criminal charges against members of the Government for acts committed in the performance of their respective functions (Article 109.2 of the Constitution). If criminal charges have been brought against government members the President may decide to suspend them. The commencement of any judicial proceedings against a government member automatically leads to that member's suspension from office. Such cases are heard by the Supreme Court.

Consequences

If the motion to impeach the President is carried within 30 days a referendum is held to dismiss the President. Cases of high treason are heard by the Supreme Court. The President is dismissed de jure on the date on which the decision that such a case is proven becomes definitive. The Government shall then organise elections for a new President within three months. If the office of President becomes vacant, if the President is suspended from office, or if he or she is temporarily prevented from performing official duties, then the President of the Senate or the President of the Chamber of Deputies in that order shall perform those duties as an interim measure.

The President, deputies and senators may be accused of and brought to trial on criminal charges for actions not connected with votes and political opinions stated in the performance of their respective duties (Article 72 of the Constitution). Accusations and indictments for criminal charges may only be heard by the Supreme Court, which is competent to hand down a judgement. In the case of flagrante delicto, an individual may be detained and searched. The minister of justice shall promptly inform the President of the Chamber of Deputies about such detention and search. Where the said chamber finds no grounds for such a detention, it shall immediately order that the detention be repealed.

Have these procedures been applied?   No