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They can be impeached by the National Assembly deciding in public ballot by an
absolute majority of its members.
The initiative of the prosecution emanates from the Procurator General of the
Supreme Court.
• Head of government immunity
• Immunity of legislators
Article 134
The Presidents of the Parliamentary Assemblies, the Prime Minister, the other
members of the Government and the President of the High Constitutional Court are
judiciable by the jurisdictions of common law for the infractions committed outside
of the exercise of their functions.
The initiative of the prosecutions emanates from the Procurator General before the
Court of Cassation.
In this case, when there is misdemeanor, the competent correctional jurisdiction is
presided over by the President of the tribunal or by a Vice-President if he is
prevented.
The provisions of the three preceding paragraphs are equally applicable to the
Deputies, to the Senators and to the members of the High Constitutional Court.
Article 135
The High Court of Justice enjoys the plenitude of jurisdiction.
Article 136
The High Court of Justice is composed of eleven members of which:
1°. the First President of the Supreme Court, President, substituted as of plain
right, in the case of impediment, by the President of the Court of Cassation;
2°. two Presidents of Chamber of the Court of Cassation, and two substitutes,
proposed by the General Assembly of that Court;
3°. two first Presidents of Court of Appeal, and two substitutes, proposed by
the First President of the Supreme Court;
4°. two titular Deputies and two substitute Deputies elected at the beginning
of the legislature by the National Assembly;
5°. two titular Senators and two substitute Senators, elected at the beginning
of the legislature by the Senate;
6°. two titular members and two substitute members from the High Council
for the Defense of Democracy and the State of law.
The Public Ministry is represented by the Procurator General of the Supreme Court
assisted by one or more members of his Office of General Prosecution. In the case of
impediment of the Procurator General, he is substituted by the Procurator General
of the Court of Cassation.
The head clerk of the Supreme Court is, of right, clerk of the High Court of Justice.
He holds the pen. In the case of impediment, he is replaced by the head clerk of the
Court of Cassation.
Madagascar 2010
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