npm annual report 2016 / annex 1 Section 113 Criminal liability of the President of the Republic If the Chancellor of Justice, the Ombudsman or the Government deem that the President of the Republic is guilty of treason or high treason, or a crime against humanity, the matter shall be communicated to the Parliament. In this event, if the Parliament, by three fourths of the votes cast, decides that charges are to be brought, the Prosecutor-General shall prosecute the President in the High Court of Impeachment and the President shall abstain from office for the duration of the proceedings. In other cases, no charges shall be brought for the official acts of the President. Section 114 Prosecution of Ministers A charge against a Member of the Government for un­lawful conduct in office is heard by the High Court of Impeachment, as provided in more detail by an Act. The decision to bring a charge is made by the Parlia­ment, after having obtained an opinion from the Constitutional Law Committee concerning the unlawfulness of the actions of the Minister. Before the Parliament decides to bring charges or not it shall allow the Minister an opportunity to give an explanation. When considering a matter of this kind the Committee shall have a quorum when all of its members are present. A Member of the Government is prosecuted by the Prosecutor-General. Section 115 Initiation of a matter concerning the legal responsibility of a Minister An inquiry into the lawfulness of the official acts of a Minister may be initiated in the Constitutional Law Committee on the basis of: 1) A notification submitted to the Constitutional Law Committee by the Chancellor of Justice or the Ombudsman; 2) A petition signed by at least ten Representatives; or 3) A request for an inquiry addressed to the Constitutional Law Committee by another Committee of the Parliament. The Constitutional Law Committee may open an inquiry into the lawfulness of the official acts of a Minister also on its own initiative. Section 117 Legal responsibility of the Chancellor of Justice and the Ombudsman The provisions in sections 114 and 115 concerning a member of the Government apply to an inquiry into the lawfulness of the official acts of the Chancellor of Justice and the Ombudsman, the bringing of charges against them for unlawful conduct in office and the procedure for the hearing of such charges. 77

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