Central African Republic 2004 Constitution (reviewed 2010) - Page 9 of 15

Table of Contents

TITLE VIII. OF THE HIGH COURT OF JUSTICE

Article 94

A non-permanent jurisdiction denominated the High Court Justice is instituted.

It is composed of six (6) magistrates and six (6) Deputies elected by secret ballot by their peers. The President of the High Court of Justice is elected from among the magistrates, the Vice-President from among the Deputies, within the same conditions as specified above.

Article 95

At the demand of the Procurator General or of the National Assembly with a majority of two-thirds (2/3) of the members who compose it, the President of the Republic refers to the High Court of Justice the Ministers and the Deputies susceptible to be prosecuted for high treason.

The decision of impeachment, duly substantiated, is taken by the President of the Republic[,] who transmits it to the Procurator General at the High Court of Justice.

Article 96

The President of the Republic is only responsible for acts accomplished in the exercise of his functions in the case of high treason.

Notably considered as crimes of high treason are:

violation of the oath [of office];

political homicides;

racketeering [l’affairisme];

any action contrary to the superior interests of the Nation.

The demand for impeachment is only receivable if it obtains the signatures of fifty percent (50%) of the members who compose the National Assembly.

The President may only be impeached by the National Assembly deciding with a majority of two-thirds (2/3) of the Deputies who compose it and by secret ballot.

The resolution of impeachment, duly substantiated, is transmitted by the President of the National Assembly to the Procurator General at the High Court of Justice.

However, for the infractions of common law committed before his election or outside of the exercise of his functions, the Head of State may only be the object of prosecution, before the competent jurisdictions, at the end of his mandate.