Fernando Collor de Mello, Brazil`s 32nd president, resigned in 1992 amid impeachment proceedings. Despite his resignation, the Senate nevertheless voted to convict and exclude him for eight years on the basis of evidence of corruption and embezzlement. In France, the comparable procedure is called misery. The President of the French Republic may be indicted by the French Parliament for intentional violation of the Constitution or national laws. The impeachment procedure is enshrined in the 68th article of the French Constitution. [14] A group of senators or a group of members of the National Assembly may begin the process. Second, the National Assembly and the Senate must recognize the impeachment process. After the agreement of the upper and lower houses, they joined forces to form the Supreme Court. After all, the Supreme Court must decide whether to declare the french president`s impeachment – or not. Two presidents have been indicted since the founding of the Sixth Republic of Korea and the adoption of South Korea`s new constitution in 1987. Roh Moo-hyun was indicted by the National Assembly in 2004 but overthrown by the Constitutional Court.

Park Geun-hye was indicted by the National Assembly in 2016 and the impeachment proceedings were upheld by the Constitutional Court on 10 March 2017. The debate did not stop there because the term “serious crimes and misdemeanours” left the question of impeachment offences open to interpretation. Since the constitution was ratified in 1789, the definition of “serious crimes and misdemeanours” has plagued members of Congress, lawyers, and jurists. Both books contain a violent dismissal of the Italian Grand Master, which, if it concerned us, would not convince us. In 2005, 2006, 2007 and 2008, impeachment lawsuits were filed against President Gloria Macapagal-Arroyo, but none of the cases received the required approval from 1⁄3 of the members for transmission to the Senate and trial by the Senate. The Philippine Constitution of 1987 states that the grounds for impeachment include culpable violation of the Constitution, corruption, corruption, and betrayal of public trust. These crimes are considered “serious crimes and misdemeanours” under the Philippine Constitution. In Brazil, as in most other Latin American countries, “impeachment” refers to final impeachment. The President of Brazil may be provisionally removed from office by the Chamber of Deputies, then brought to justice by the Federal Senate and finally removed from office. Brazil`s constitution requires two-thirds of deputies to vote to open impeachment proceedings against the president and two-thirds of senators to vote for impeachment. Governors and mayors may also be indicted by the respective legislative bodies.

After a conviction, the incumbent president was deprived of his political rights for eight years, which prevented him from standing for election during that period. Note: Impeachment is the first step in the removal of a public servant. The President, Vice President and other federal officials (as judges) may be indicted by the House of Representatives. (Members of Congress themselves are not removed by impeachment and conviction, but by a two-thirds majority in the member`s chamber.) The House of Representatives produces articles of impeachment that list the accusations and their actual basis. The articles of impeachment, once approved by a simple majority of the members of the House of Representatives, are then submitted to the Senate, thus indicting the official. The Senate then holds a trial, at the end of which each member votes for or against a conviction on each article of impeachment. Two-thirds of the members of the Senate present must vote in favour of a conviction. After his conviction, the official may be removed from office. Although the Constitution stipulates that a public servant must be charged with serious crimes and misdemeanours, there may also be dismissal for misconduct that is not necessarily criminal (in violation of the Constitution).

Because impeachment is the first step in impeaching a public servant, impeachment is often used in general contexts to refer to the impeachment itself, but this is not its specific legal meaning. A staff member generally cannot be charged for acts committed prior to taking up his or her duties. Therefore, impeachment in the United States is the equivalent of an indictment in criminal law; It is essentially the indictment against the officer. Unlike some countries where the official is already temporarily removed from office, even if the process is started, the president remains in office during the process. An accused official faces the possibility of a conviction – in many jurisdictions through another legislative vote – and a sentence convicting the official under the articles of impeachment usually leads to the final dismissal of the official. In the United States, the word impeachment is closely related to its use in the context of government and politics, especially in cases where the president is involved. In general, the impeachment process is quite formal. The House of Representatives has initiated impeachment proceedings more than 60 times, but less than a third have resulted in a full impeachment.

Only eight judges – all federal judges – were convicted by the Senate and removed from office. In addition to the 15 federal judges indicted by the House of Representatives, three presidents (Andrew Johnson in 1868, William Jefferson (Bill) Clinton in 1998 and Donald J. Trump indicted in 2019 and 2021), a cabinet secretary (William Belknap 1876) and a U.S. senator (William Blount of Tennessee in 1797). In just three cases — all with distant federal judges — the Senate took the extra step of preventing them from ever taking up a future federal position. Blount`s impeachment trial – the first ever conducted – established the principle that members of Congress and senators were not “civil servants” under the Constitution and could therefore only be removed from office by a two-thirds majority for expulsion by their respective chambers. Blount, who had been accused of inciting a Native American uprising to promote British interests in Florida, was not convicted, but the Senate expelled him. Other impeachment proceedings have shown judges sitting drunk on the bench or taking advantage of their position.

However, President Johnson`s trial focused on whether the president could impeach members of the cabinet without seeking congressional approval. Johnson`s acquittal set a precedent — which has been debated since the beginning of the nation — that the president can remove appointees even if they needed Senate confirmation to serve in office. Impeachment proceedings begin when the House of Representatives passes a resolution calling for an investigation into the charges brought against the official in question by a House committee. The committee may recommend dismissal or dismissal. The House of Representatives then votes by simple majority to approve or reject the articles of impeachment. Singapore`s Constitution allows for the removal of a sitting president for treason, violation of the constitution, corruption or attempting to mislead the Presidential Election Committee to prove his eligibility for the presidential election. The prime minister or at least a quarter of all MPs can table a motion to impeach, which can only be accepted if at least half of all MPs (without designated members) vote in favour, after which the Chief Justice of the Supreme Court will appoint a tribunal to investigate the allegations against the president. If the court finds the president guilty or otherwise declares that the president “is permanently incapable of performing the functions of his office because of mental or physical infirmity,” Parliament will vote on a resolution to remove the president, the success of which requires a three-quarters majority. [30] No president has ever been removed from office in this way.

When a chamber removes the president, the remaining chamber investigates the indictment or appoints another panel or committee to do so. The Investigative Chamber may dismiss the President if it decides, by a majority of at least two-thirds of its members, that the President is guilty of the indictment and that the accusation is so serious that it justifies the removal of the President. To date, no impeachment proceedings have ever taken place against an Irish president. The president holds a largely ceremonial office whose dignity is considered important, so it is likely that a president would resign from office well before a formal conviction or impeachment. The Italian press and political forces have used the term “impeachment” to refer to the attempt by some members of the parliamentary opposition to initiate Article 90 proceedings against Presidents Francesco Cossiga (1991), Giorgio Napolitano (2014) and Sergio Mattarella (2018). [21] [best source needed] Of the 20 impeachments since 1799, 10 have occurred in the last 100 years. The accused officials included 15 federal judges, three presidents, a senator, and a cabinet secretary (the Secretary of War). .