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TITLE V
Chapter I - Territorial Divisions and Decentralization Chapter II - The Legislative Branch Chapter III - The Executive Branch Chapter IV - The Judiciary
CHAPTER V
ARTICLE 186:The Senate may constitute itself as a High Court of Justice. The proceedings of this Court are presided over by the President of the Senate, assisted by the President and Vice President of the Supreme Court as Vice President and Secretary, respectively, except where the justices of the Supreme Court and officers of the Public Prosecutor's Office assigned to that court are involved in the accusation, in which case, the President of the Senate shall be assisted by two (2) Senators, one of whom shall be designated by the accused, and the Senators so appointed shall not be entitled to vote.
ARTICLE 187:The House of Deputies, by a majority of two-thirds (2/3) of its members, shall indict:
a) The President of the Republic for the crime of high treason or any other crime or offense committed in the discharge of his duties;
b) The Prime Minister, the Ministers and the Secretaries of State for crime of high treason and embezzlement or abuse of power or any other crimes or offenses committed in the discharge of their duties;
c) Members of the Permanent Electoral Council and the Superior Court of Auditors and the Court of Administrative Disputes for serious offenses committed in the discharge of their duties;
d) Supreme Court justices and officers of the Public Prosecutor's Office before the Court for abuse of authority;
e) The Protector of Citizens [Protecteur du citoyen].
ARTICLE 188:Members of the High Court of Justice serve on an individual basis, and on opening proceedings, take the following oath:
"I swear before God and before the Nation to judge with the impartiality and the firmness appropriate to an honest and free man, according to my conscience and my deep-seated conviction."
ARTICLE 188-1:The High Court of Justice shall designate, by secret ballot and an absolute majority of votes, from among its members a Committee of Enquiry.
ARTICLE 189:The decision in the form of a decree shall be handed down on the report of the Committee of Enquiry by a two-thirds (2/3) majority of the members of the High Court of Justice.
ARTICLE 189-1:The High Court of Justice shall not sit unless a majority of two-thirds (2/3) of its members are present.
ARTICLE 189-2:The Court may not impose any other penalties than dismissal, disqualification or deprivation of the right to exercise any public office for no less than five (5) years and no more than fifteen (15) years.
ARTICLE 190:However, the convicted person may be brought before ordinary courts, in accordance with the law, if there is reason to impose other penalties or to rule on the institution of civil action.
Once a case is brought before the High Court of Justice, the Court must sit until it renders its verdict, regardless of the length of the sessions of the Legislature.
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