Constitution

Mauritania 1991 Constitution (reviewed 2012)

Table of Contents

Title VIII. Of the High Court of Justice

Article 92

A High Court of Justice is instituted.

It is composed of members elected, from among them [en leur sein] and in equal number, by the National Assembly and the Senate, after each general or partial renewal of these Assemblies. It elects its President from among [parmi] its members.

An organic law establishes the composition of the High Court of Justice, the rules of its functioning as well as the procedure applicable before it.

Article 93

The President of the Republic is only responsible for the acts accomplished in the exercise of his functions in the case of high treason.

He cannot be impeached [mis en accusation] except by the two Assemblies deciding with an identical vote in public ballot and by the absolute majority of the members that compose them; he is judged by the High Court of Justice.

The Prime Minister and the members of the Government are criminally responsible for the acts accomplished in the exercise of their functions and qualified as crimes or misdemeanors at the moment when they were committed. The procedure defined above is applicable to them as well as to their accomplices in the case of conspiracy against the security of the State. In the case specified in the present paragraph, the High Court of Justice is bound by the definition of crimes and misdemeanors as well as by the determination of the penalties as they result from the criminal laws in force at the moment when the acts were committed.