المسؤولية الجزائية لرئيس الدولة حسب المقتضيات الدستورية المقارنة

Abstract EN

National legal systems have focused on the enjoyment of heads of state of immunity from criminal liability, the scope of which varies, oscillating between release and restriction, influenced by the nature of the political system of each state, and withouta doubt that the powers enjoyed by the president, whether linked to the exercise of his presidential functions or outside this description can sometimes push him to commit certain crimes, which requires tackling the dissuasive sanction of these cases.

By establishing the principle of the association of authority with responsibility, it paved the way for the possibility of accountability of superiors for internal crimes before national judicial authorities, by imposing certain exceptional restrictions contained in the scope of 'material application of criminal judicial immunity (the criminalization of high treason), and in accordance with the special procedures provided in the constitution of each country.

That is to say without prejudice to the procedural immunity established for the Head of State.