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Article 165
Without prejudice to the other provisions of this Constitution, there is high treason
when the President of the Republic has intentionally violated the Constitution or
when he or the Prime Minister are identified [as] authors, coauthors or accomplices
of grave violations and [those] characterized [as] violations of the Rights of Man, or
of the cession of a part of the national territory.
Infringements of honor and of probity are notably when the personal comportment
of the President of the Republic or of the Prime Minister is contrary to morality or
when they are identified as authors, co-authors or accomplices of embezzlement, of
corruption or illicit enrichment.
There is crime of privilege of the President of the Republic or of the Prime Minister
when he conducts activities concerning immovable assets or merchandise with
regard to which he possesses privileged information and by which he profited before
this information was made known to the public. The crime of privilege encompasses
the purchase and the selling of shares based on information which would never be
divulged to the shareholders.
There is contempt of Parliament when[,] on the questions posed by either of the
Chambers of Parliament on the governmental activity, the Prime Minister does not
furnish any response within a time period of thirty days.
• Head of government removal
• Head of state removal
Article 166
The decision to prosecute as well as to bring charges against the President of the
Republic and the Prime Minister are voted by a majority of two-thirds of the
members of Parliament assembled in Congress following the procedure specified by
the Internal Regulations.
The decision to prosecute as well as to bring charges against the members of the
Government are voted by an absolute majority of the members composing the
National Assembly following the procedures specified by the Internal Regulations.
The members of the Government [so] charged, present their resignation.
• Head of government removal
• Head of state removal
Article 167
In case of conviction, the President of the Republic and the Prime Minister are
relieved of their responsibilities. The termination is declared by the Constitutional
Court.
For the infractions committed outside of the exercise of their functions, the
prosecutions against the President of the Republic and the Prime Minister are
suspended until the expiration of their mandates. During this time, prescription is
suspended.
• Head of government removal
• Head of state removal
• Constitutionality of legislation
Article 168
The orders of the Constitutional Court are not susceptible to any recourse and are
immediately executory. They are obligatory and [are] imposed on the public powers,
on all the administrative, and jurisdictional, [and] civil and military authorities as well
as on individuals.
Any act declared non-conforming to the Constitution is null[,] of right.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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