Ministers Trials: A Comparative Study Between the Jordanian and the French Laws

Abstract

The Jordanian constitutional stipulated special measures for trying ministers, and specified a special law therefor, which is the Law on Trial of Ministers, as in the French constitutional Act. In Jordan, when ministers have committed crimes relevant to their functions, a decision is made by the House of Representatives to remit them to the Public Prosecutor. These offenses are being tried under the Law on Trial of Ministers as offenses of high treason, misuse of authority, and breach of duties.The result of the research showed that a decision must be issued by the House of Representatives approving the referral of the Minister to the Public Prosecution to pursue the trial procedures and by the majority of the members of the Jordanian Parliament. The researchers recommended that the Jordanian legislature must revoke the authority of the House of Representatives to approve the referral of  Minister to the Public Prosecution on the ground that the issuance of a referral decision by the House of Representatives violates the public right and the significant role of the Public Prosecution in Jordan, since the criminal case may be postponed either by the fact that, the House of Representatives is not in session, being in an exceptional session, or does not approve the referral decision. Hence, it will be difficult for the Public Prosecution to proceed with its criminal procedures