Constitution

Burkina Faso 1991 Constitution (reviewed 2015)

Table of Contents

TITLE IX. OF THE HIGH COURT OF JUSTICE

Article 137

A High Court of Justice is instituted. The High Court of Justice is composed of Deputies that the National Assembly elects after each general renewal, as well as the magistrates designated by the President of the Court of Cassation. It elects its President from among its members.

The law establishes its composition, the rules of its functioning and the procedure applicable before it.

Article 138

The High Court of Justice is competent to take cognizance of the acts committed by the President of Faso in the exercise of his functions and constituting high treason, of infringing the Constitution or of misappropriation of public funds.

The High Court of Justice is equally competent to judge the members of Government for reason of acts qualified as crimes or misdemeanors committed in the exercise or on the occasion of the exercise of their functions. In all other cases, they remain justiciable by the jurisdictions of common law and of the other jurisdictions.

Article 139

The impeachment of the President of Faso is voted by a majority of four-fifths of the votes of the Deputies composing the Assembly. That of the members of the Government is voted by a majority of two-thirds of the votes of the Deputies composing the Assembly.

Article 140

The High Court of Justice is constrained by the definition of crimes and misdemeanors and by the determination of the resultant punishments of the criminal laws in force at the time when the acts were committed.