Circumstances and persons concerned

The President is only answerable in case of high treason (Article 87 of the Constitution). Members of the National Assembly and the Senate, ministers, members of the Supreme Court and the Constitutional Court are answerable before the High Court of Justice for acts deemed as crimes or misdemeanours committed in the performance of their respective offices (Article 154 of the Constitution). All such persons may only be accused by both Chambers in joint session assembled as a result of a secret ballot returning a two-thirds majority of members. Co-authors and accomplices of such persons are equally answerable before the court without the act of accusation in their case having to come from the parliament.

Modalities and procedure

The High Court of Justice is made up of an equal number of deputies and senators elected by their peers and of members of the Supreme Court also elected by their peers (Article 152 of the Constitution).

Consequences

If the President dies, resigns or the office of President becomes vacant for any other reason during the term of office, the presidential functions are exercised provisionally by the President of the Senate (Article 70 of the Constitution). Such vacancy is stated and declared by the Constitutional Court, on application from the President of the National Assembly. The election of a new President shall take place within a minimum of 45 days and a maximum of 90 days after the office of President has become vacant unless the Constitutional Court finds that a case of force majeure exists. The President of the Senate, in his or her capacity as interim President of the Republic, may not be a candidate in the elections for the new President.

Have these procedures been applied?   No