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.
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