Circumstances and persons concerned

The Chamber of Representatives has the exclusive right of impeachment, before the Chamber of Senators, of the members of both Chambers, of the President and Vice-President, the ministers, the members of the Supreme Court, the contentious-administrative tribunal, the Court of Accounts, and of the electoral court, for violation of the Constitution or for other serious offences, after taking cognisance of the matter upon petition by a party or by one of its members, and having decided that there are grounds for prosecution (Article 93 of the Constitution).

Modalities and procedure

The President may be impeached only while he or she holds office or within six months thereafter, during which time he or she is subject to residence requirements, unless authorisation to leave the country is granted by an absolute majority of the votes of all parliamentarians in a joint session (Article 172 of the Constitution). If the impeachment is approved by a two-thirds vote of all representatives, the President is suspended from office. Ministers may be impeached only while holding office (Article 178 of the Constitution). Whenever an impeachment is supported by a two-thirds vote of all representatives, the impeached minister is thereby suspended from his or her duties.

Consequences

The Chamber of Senators is competent to initiate the public trial of those impeached by the Chamber of Representatives or a departmental board, as the case may be, and to pronounce sentence, by a two-thirds vote of its full membership (Article 102 of the Constitution). Such sentence has the sole effect of removal from office. An impeached person whom the Chamber of Senators has removed from office is nevertheless subject to trial according to law.

Have these procedures been applied?   No   

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