Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Procedures of Criminal Ministerial Responsibility

Author(s): Abdullah Ahmed Al-Khasilat, Majd Waleed Ata Almanasra Noor Barakat Al-Khawajah

Countries with their various regimes of legislation have adopted the system of criminal ministerial responsibility, but differed in the procedures followed, whether in terms of accusation and the authority empowered to accuse, or in terms of investigation and trial. Criminal responsibility means the responsibility of members of the government for the crimes they commit while performing their functions. This responsibility is considered one of the important fundamental bases of balancing the broad powers that ministers enjoy in the parliamentary system. Therefore, political responsibility, in general, and criminal responsibility, in particular, contributed to establishing a kind of balance between authority and responsibility, on the one hand, and between the Legislature and the Executive on the other hand. The Jordanian constitutional legislature has applied this responsibility through establishing special laws for that, but amended the provisions thereof. After it decided to give the right of accusation and investigation to the House of Representatives, and the trial to a special court, it gave the Attorney General the role of accusation and investigation and made the trial before regular courts. As for the French legislature, it chose to try the ministers before a special court, while giving the House of Representatives the right to accuse.

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