Freedom and Justice Party Proposes President, Ministers Prosecution Law

The Proposals and Complaints Committee of the People’s Assembly has approved a proposal for a bill submitted by the Freedom and Justice party MP Nasser Salim Al-Hafi promulgating a law for prosecution of presidents and cabinet ministers, so the criminal court would be the competent authority to conduct such trials based on a criminal prosecution request by the People’s Assembly (PA). That request would be based on a proposal by a third of PA members which brings charges against the President of the Republic or the Prime Minister or the Ministers.

Under the proposal, the PA is to form an investigation committee comprising seven PA members, five of them chosen by secret ballot, in an open session, while PA Speaker will nominate four lawmakers from the PA, of whom two will be selected in a secret election.

The proposal also dictates that the president must stop work as soon as an indictment is issued, and that the Vice President should preside temporarily – or the Prime Minister, in the absence of a Vice President.

Those who temporarily act on behalf of the President have no mandate to request or effect amendments to the Constitution or the dissolution of the People’s Assembly or the Shura Council or dismissal of Ministers.

The PA Speaker is to send to the Public Prosecutor the indictment decision, together with the investigation committee’s report and all documents and other evidence supporting the charges, on the day following the issuance of the indictment.

The Public Prosecutor is then to notify the accused of the date and place of trial, at least eight days before said date of trial. The trial then should follow the rules and procedures of law No. 150 of 1950 and latest amendments thereof.