Criminal Responsibility and Impeachment
Articles 67 and 68 organize the regime of criminal responsibility of the President. They were reformed by a 2007 constitutional act, in order to clarify a situation that previously resulted in legal controversies.
The President of the Republic enjoys immunity during his term: he cannot be requested to testify before any jurisdiction, he cannot be prosecuted, etc. However, the statute of limitation is suspended during his term, and enquiries and prosecutions can be restarted, at the latest one month after he leaves office.
The President is not deemed personally responsible for his actions in his official capacity, except where his actions are indicted before the International Criminal Court or where impeachment is moved against him. Impeachment can be pronounced by the High Court, a special court convened from both houses of Parliament on the proposal of either House, should the president have failed to discharge his duties in a way that evidently precludes the continuation of his term.
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Famous quotes containing the word criminal:
“No political party can ever make prohibition effective. A political party implies an adverse, an opposing, political party. To enforce criminal statutes implies substantial unanimity in the community. This is the result of the jury system. Hence the futility of party prohibition.”
—Rutherford Birchard Hayes (1822–1893)