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• Head of state removal
• Head of state immunity
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Article 117
The President of the Republic is only penally responsible for the acts accomplished in
the exercise of his functions in case of high treason.
There is high treason when, in violation of the Constitution or of the law, the
President of the Republic deliberately commits an act contrary to the superior
interests of the nation which gravely compromises the national unity, social peace,
social justice, the development of the country, or gravely infringes the human rights,
the territorial integrity, the national independence and the national sovereignty.
High treason belongs to the competence of the High Court of Justice.
The President of the Republic may only be impeached by the National Assembly and
the Senate meeting in Congress and deciding by secret vote, by a majority of
two-thirds of their members.
The investigation may only be conducted by a team of at least three magistrates of
the General Office of Prosecutors of the Republic presided over by the General
Prosecutor of the Republic.
• Dismissal of the legislature
Article 118
When the procedure of impeachment of the President of the Republic for high
treason is initiated by the Parliament, the President of the Republic may not dissolve
it until the end of the judicial procedure.
Article 119
Outside of the acts that arise from his discretionary competence, the administrative
acts of the President of the Republic may be challenged before the competent
jurisdictions.
Article 120
At the expiration of his functions, the President of the Republic has the right, except
in the case of condemnation for high treason, to a pension and to all other privileges
and facilities determined by the law.
• Head of state replacement
Article 121
In the case of absence or temporary impediment of the President of the Republic, the
First Vice-President assures the administration of the current affaires and[,] in his
absence, the Second Vice-President.
In the case of vacancy for cause of resignation, of death or of any other cause of
definitive cessation of his functions, the interim is assured by the President of the
National Assembly or, if he [,] himself[,] is impeded to exercise these functions, by the
Vice-Presidents of the Republic and the Government acting jointly.
The vacancy is declared by the Constitutional Court referred to [the matter] by the
Vice-Presidents of the Republic and the Government, acting jointly.
The interim authority may not form a new Government.
The Vice-Presidents of the Republic and the Government are considered as resigned
and may only simply assure the expedition of the current affairs until the formation
of a new Government.
Burundi 2005
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