TITLE VIII. OF THE HIGH COURT OF JUSTICE
Article 122
A non-permanent jurisdiction denominated the High Court Justice is instituted.
It is composed of six (6) magistrates and three (3) Deputies and three (3) Senators elected by secret ballot by their peers. The President of the High Court of Justice is elected by the magistrates, the Vice President from among the Parliamentarians, within the same conditions as specified above.
Article 123
At the demand of the Procurator General, of the National Assembly or of the Senate by half (1/2) of the members who compose them, the President of the Republic refers to the High Court of Justice the Ministers, the Deputies and the Senators susceptible to be prosecuted for high treason.
The decision of impeachment, duly substantiated, is taken by the President of the Republic[,] who transmits it to the Procurator General at the High Court of Justice.
Article 124
The President of the Republic is only responsible for acts accomplished in the exercise of his functions in the case of high treason.
[The following] are notably considered as crimes of high treason:
- the violation of the oath [of office];
the political homicides; racketeering [l’affairisme]; the constitution or maintenance of [a] militia; the refusal to endow the forces of defense and of security of the means necessary for the accomplishment of their mission; the violation of Article 23 above; the non-establishment of the institutions of the Republic within the constitutional time period; any action contrary to the superior interests of the Nation.
Article 125
The demand for impeachment is only receivable if it obtains the signatures of fifty percent (50%) of the Deputies who compose the National Assembly.
The President may only be impeached by the National Assembly if the secret ballot collects two-thirds (2/3) [of the votes] of the Deputies.
The resolution of impeachment, duly substantiated, is transmitted by the President of the National Assembly to the Procurator General at the High Court of Justice.
However, for the infractions of common law committed before his election or outside of the exercise of his functions, the President of the Republic may only be the object of prosecution, before the competent jurisdictions, at the end of his mandate.
In this case, the period of prescription [délai de prescription] of the public action is suspended.
Article 126
During the taking of the decision of the High Court of Justice, and in case of a tie [vote], that of the President is preponderant.
Article 127
The decisions rendered by the High Court of Justice are not susceptible to any recourse.
An organic law determines the regulations of organization and of functioning of the High Court of Justice.
