2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
In the political sections of news releases, the term "impeachment" is sometimes used. What it is? This concept means the removal from power of the head of state at the behest of parliament and society. In today's world, this phenomenon is quite rare.
Etymology
In many languages, the English concept of "impeachment" has successfully taken root. What is it literally? It comes from the verb impedicare (interfere, interfere), has a Latin root. Sometimes the word "impeachment" is mistakenly associated with the Latin impetere (to attack, attack). Verbs derived from this root exist in English and French.
This term has a broad meaning and is used not only in the political sphere. For example, the expression "witness impeachment" describes a situation in legal practice in which the credibility of evidence given in court is called into question.
General concept
Impeachment is the process of bringing charges againsthigh-ranking officials, usually with immunity from prosecution. This is a formal procedure that does not imply the immediate removal of a statesman from his duties. Political or legal consequences may not come at all for an official who has been impeached. What is it compared to the standard prosecution process? Justice is always based on the simple principle that a suspect is punished only if the charges are proven. Impeachment is the first step in bringing to justice an official who has violated official laws or unwritten moral standards.
History of occurrence
For the first time such a procedure was applied in the British political system. In the second half of the 14th century, the English parliament accused Baron Latimer of corruption and stripped him of all posts in government. This was the first documented case of a country's legislature deciding to impeach an important government dignitary.
Establishment in the US Constitution
Following the British example, many North American states have created a mechanism for bringing charges against high-ranking officials abusing power. In the late 18th century, this procedure was included in the constitutions of Virginia and Massachusetts. Impeachment in the United States was limited only to removal from the performance of public duties and did not deal with the issue of criminal liability. ATCurrently, the first chapter of the American constitution provides for a procedure for the removal from power of presidents, ministers, and federal judges. Reason sufficient for impeachment is treason, corruption or other serious criminal acts and misdemeanors. The last definition is not clear and can be interpreted in different ways depending on the political situation.
Theory and reality
The laws of most countries in the world provide for impeachment. What is it in terms of practical application? It must be admitted that in some political systems the procedure for removal from power exists only on paper. The absence of an independent parliament makes impeachment impossible. Recent history knows few cases of successful application of this procedure in practice in relation to heads of state.
Examples
In 1992, Fernando Color de Melo was accused of corruption and removed from the presidency of Brazil by a decision of the parliament. He was not subjected to criminal prosecution, but for many years he lost the opportunity to engage in political activities.
In 2000, the Peruvian Congress voted to remove President Alberto Fujimori from power. Charges were brought against the head of state in organizing the so-called "death squadrons" (armed detachments intended for extrajudicial executions). Fujimori lost power and is currently serving a near-life sentence.
The only leader of a European state who left his post as a result of impeachment was Lithuanian President Rolandas Paksas. In 2004, the politician was accused of having links with representatives of mafia structures. The Seimas of the Republic prematurely released him from the duties of the head of state. However, this did not prevent Rolandas Paksas from continuing his political career and even becoming a member of the European Parliament.
One of the latest examples of impeachment is the scandal involving South Korean President Park Geun-hye. In 2016, the parliament and the constitutional court decided to suspend her powers due to allegations of corruption and the use of shamans and fortune tellers as advisers on government issues. After Park Geun-hye lost her immunity from prosecution, she was arrested at the request of South Korean prosecutors.
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