Constitution

Guinea 2010 Constitution

Table of Contents

TITLE VIII. OF THE HIGH COURT OF JUSTICE

Article 117

The High Court of Justice is composed of one member of the Supreme Court, of one member of the Constitutional Court, of one member of the Court of Accounts and of six Deputies elected by the National Assembly.

Each one of the members of these Courts is elected by his peers.

The President of the High Court of Justice is a Magistrate elected by the members of the High Court of Justice.

The decisions of the High Court of Justice are not susceptible to any recourse, except by pardon [grâce] or revision.

Article 118

The High Court of Justice is competent to judge the acts accomplished in the exercise of or on the occasion of their functions by:

  1. The President of the Republic in the case of high treason;
  2. The Prime Minister and the other members of the Government for crimes and misdemeanors.

Article 119

There is high treason when the President of the Republic has violated his oath, the Orders of the Constitutional Court, is recognized author, co-author or accomplice of grave and characterized violations of human rights, of cession of a part of the national territory, or of acts threatening [attentatoires] the maintenance of an environment healthy, durable and favorable to development.

Article 120

The impeachment [mise en accusation] is demanded by one-tenth of the Deputies. It can only intervene by a vote of the National Assembly by secret ballot by a majority of three-fifths of the members that compose it.

It may decide, when the President of the Republic is impeached, that the President of the National Assembly exercises his substitution [suppléance] until the High Court of Justice has rendered its order.

The investigation [instruction] and the judgment take place before any other matter [toutes affaires cessantes].

The President of the Republic, the Prime Minister and the members of the Government, in the case of impeachment before the High Court of Justice, are suspended from their functions.

In the case of conviction, they are relieved of their functions.

In the case of acquittal, they resume their functions.

Article 121

An organic law establishes the rules of functioning and the procedure followed before the High Court of Justice.

Article 122

The High Court of Justice is bound [liée] by the definition of the crimes and misdemeanors as well as by the determination of the penalties as they result from the laws in force at the moment when the acts were committed.