Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a official for misconduct.
From 1990 to 2020, there have been at least 272 impeachment charges against 132 different heads of state in 63 countries. In Latin America, which includes almost 40% of the world's presidential systems, ten presidents from seven countries were removed from office by their national legislatures via impeachments or declarations of incapacity between 1978 and 2019.Ignacio Arana Araya, To Impeach or Not to Impeach: Lessons from Latin America , Georgetown Journal of International Affairs (13 December 2019).
Most democracies (with the notable exception of the United States) involve the courts (often a national constitutional court) in some way. National legislations differ regarding both the consequences and definition of impeachment, but the intent is nearly always to expeditiously vacate the office. Most commonly, an official is considered impeached after the commencement of the charges, and a trial of some kind is required to remove the official from office.
Impeachment is distinct from the motion of no confidence procedure available in some countries whereby a motion of censure can be used to remove a government and its ministers from office. Such a procedure is not applicable in countries with presidential forms of government like the United States. Because impeachment involves a departure from the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, it is usually reserved for those deemed to have committed serious abuses of their office. In the United States, for example, impeachment at the federal level is limited to those who may have committed "Treason, Bribery, or other high crimes and misdemeanors". Under the United States Constitution, the House of Representatives has the sole power of impeachments while the Senate has the sole power to try impeachments ( i.e., to acquit or convict); the validity of an impeachment trial is a political question that is nonjusticiable ( i.e., is not reviewable by the courts).
The process was first used by the English "Good Parliament" against William Latimer, 4th Baron Latimer in the second half of the 14th century. Following the English example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office, in contrast to the English Parliament's broad power to punish impeachments.
In West Africa, rulers of the Ashanti Empire who violated any oaths taken during their enstoolment were destooled by . Reasons include punishing citizens arbitrarily or being exposed as corrupt. The process involved Kingmakers forcibly removing the sandals of the guilty party, then bumping his buttocks on the ground three times. Once destooled, a king automatically lost sanctity and honours as he could not exercise royal powers such as being chief administrator, judge, and military commander. Also withdrawn from him were the Golden Stool (a throne functionally equivalent to crowns), swords, and other regalia. While a deposed king no longer held custodianship of the realm, he remained a member of the royal family from which he was elected.
In Korea, the Goryeo dynasty installed Sahundae (司憲臺) in 983 AD, which oversaw the impeachment of officials.
Initiation: An accusation of a responsibility crime against the president may be brought by any Brazilian citizen; however, the president of the Chamber of Deputies holds prerogative to accept the charge, which if accepted will be read at the next session and reported to the president of the republic.
Extraordinary Committee: An extraordinary committee is established, consisting of members from each political party in proportion to their party's membership. The committee is responsible for assessing the need for impeachment proceedings. The president is given ten parliamentary sessions to present their defense. Following this, two legislative sessions are held to allow for the formulation of a legal opinion by a rapporteur regarding whether or not impeachment proceedings should be initiated and brought to trial in the Senate.
The rapporteur's opinion is subject to a vote within the committee. If the majority accepts the rapporteur's opinion, it is deemed adopted. However, if the majority rejects the rapporteur's opinion, the committee adopts an alternative opinion proposed by the majority. For instance, if the rapporteur recommends against impeachment but fails to secure majority support, the committee will adopt the opinion to proceed with impeachment. Conversely, if the rapporteur advises impeachment but does not obtain majority approval, the committee will adopt the opinion not to impeach.
If the committee vote is successful, the rapporteur's opinion is considered adopted, thereby determining the course of action regarding impeachment.
Chamber of Deputies: The chamber issues a call-out vote to accept the opinion of the committee, requiring a supermajority of two thirds in favor of an impeachment opinion (or a supermajority of two thirds against a dismissal opinion) of the committee, in order to authorize the Senate impeachment proceedings. The president is suspended (provisionally removed) from office as soon as the Senate receives and accepts from the Chamber of Deputies the impeachment charges and decides to proceed with a trial.
The Senate: The process in the Senate had been historically lacking in procedural guidance until 1992, when the Senate published in the Official Diary of the Union the step-by-step procedure of the Senate's impeachment process, which involves the formation of another special committee and closely resembles the lower house process, with time constraints imposed on the steps taken. The committee's opinion must be presented within 10 days, after which it is put to a call-out vote at the next session. The vote must proceed within a single session; the vote on President Rousseff took over 20 hours. A simple majority vote in the Senate begins formal deliberation on the complaint, immediately suspends the president from office, installs the vice president as acting president, and begins a 20-day period for written defense as well as up to 180-days for the trial. In the event the trial proceeds slowly and exceeds 180 days, the Brazilian Constitution determines that the president is entitled to return and stay provisionally in office until the trial comes to its decision.
Senate plenary deliberation: The committee interrogates the accused or their counsel, from which they have a right to abstain, and also a probative session which guarantees the accused rights to contradiction, or audiatur et altera pars, allowing access to the courts and due process of law under Article 5 of the constitution. The accused has 15 days to present written arguments in defense and answer to the evidence gathered, and then the committee shall issue an opinion on the merits within ten days. The entire package is published for each senator before a single plenary session issues a call-out vote, which shall proceed to trial on a simple majority and close the case otherwise.
Senate trial: A hearing for the complainant and the accused convenes within 48 hours of notification from deliberation, from which a trial is scheduled by the president of the Supreme Court no less than ten days after the hearing. The senators sit as judges, while witnesses are interrogated and cross-examined; all questions must be presented to the president of the Supreme Court, who, as prescribed in the Constitution, presides over the trial. The president of the Supreme Court allots time for debate and rebuttal, after which time the parties leave the chamber and the senators deliberate on the indictment. The president of the Supreme Court reads the summary of the grounds, the charges, the defense and the evidence to the Senate. The senators in turn issue their judgement. On conviction by a supermajority of two thirds, the president of the Supreme Court pronounces the sentence and the accused is immediately notified. If there is no supermajority for conviction, the accused is acquitted.
Upon conviction, the officeholder has his or her political rights revoked for eight years, which bars them from running for any office during that time.
Fernando Collor de Mello, the 32nd president of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to evidence of bribery and misappropriation.
In 2016, the Chamber of Deputies initiated an impeachment case against President Dilma Rousseff on allegations of budgetary mismanagement, a crime of responsibility under the Constitution. On 12 May 2016, after 20 hours of deliberation, the admissibility of the accusation was approved by the Senate with 55 votes in favor and 22 against (an absolute majority would have been sufficient for this step) and Vice President Michel Temer was notified to assume the duties of the president pending trial. On 31 August, 61 senators voted in favor of impeachment and 20 voted against it, thus achieving the majority needed for Rousseff's definitive removal. A vote to disqualify her for five years was taken and failed (in spite of the Constitution not separating disqualification from removal) having less than two thirds in favor.
The process starts in the Senate of the Czech Republic which has the right to only impeach the president. After the approval by the Chamber of Deputies, the case is passed to the Constitutional Court of the Czech Republic, which has to decide the verdict against the president. If the Court finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Republic again. Ústava České republiky . Psp.cz. Retrieved 2013-07-12.
No Czech president has ever been impeached, though members of the Senate sought to impeach President Václav Klaus in 2013. This case was dismissed by the court, which reasoned that his mandate had expired. The Senate also proposed to impeach president Miloš Zeman in 2019 but the Chamber of Deputies did not vote on the issue in time and thus the case did not even proceed to the Court.
In 1995 the former Minister of Justice Erik Ninn-Hansen from the Conservative People's Party was impeached in connection with the Tamil Case. The case was centered around the illegal processing of family reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn Sri Lanka were put on hold in violation of Danish and International law. On 22 June 1995, Ninn-Hansen was found guilty of violating paragraph five subsection one of the Danish Ministerial Responsibility Act which says: A minister is punished if he intentionally or through gross negligence neglects the duties incumbent on him under the constitution or legislation in general or according to the nature of his post. A majority of the judges in that impeachment case voted for former Minister of Justice Erik Ninn-Hansen to receive a suspended sentence of four months with one year of probation. The reason why the sentence was made suspended was especially in relation to Ninn-Hansen's personal circumstances, in particular, his health and age – Ninn-Hansen was 73 years old when the sentence was handed down. After the verdict, Ninn-Hansen complained to the European Court of Human Rights and complained, among other things, that the Court of Impeachment was not impartial. The European Court of Human Rights dismissed the complaint on 18 May 1999. As a direct result and consequence of this case, the Conservative-led government and Prime Minister at that time Poul Schlüter was forced to step down from power.
In February 2021 the former Minister for Immigration and Integration Inger Støjberg at that time member of the Danish Liberal Party italic=no was impeached when it was discovered that she had possibly against both Danish and International law tried to separate couples in refugee centres in Denmark, as the wives of the couples were under legal age. According to a commission report Inger Støjberg had also lied in the Danish Parliament and failed to report relevant details to the Parliamentary Ombudsman The decision to initiate an impeachment case was adopted by the Danish Parliament with a 141–30 vote and decision (In Denmark 90 members of the parliament need to vote for impeachment before it can be implemented). On 13 December 2021 former Minister for Immigration and Integration Inger Støjberg was convicted by the special Court of Impeachment of separating asylum seeker families illegally according to Danish and international law and sentenced to 60 days in prison. The majority of the judges in the special Court of Impeachment (25 out of 26 judges) found that it had been proven that Inger Støjberg on 10 February 2016 decided that an accommodation scheme should apply without the possibility of exceptions, so that all asylum-seeking spouses and cohabiting couples where one was a minor aged 15–17, had to be separated and accommodated separately in separate asylum centers. On 21 December, a majority in the Folketing voted that the sentence means that she is no longer worthy of sitting in the Folketing and she therefore immediately lost her seat.
The High Court must decide whether or not to declare the removal from office of the president. The impeachment procedure in front of the National Assembly and the Senate, as well as the removal from office by the High Court require a majority of two thirds of the members of the House involved or of the High Court by secret ballot; no proxy voting is allowed.
There is no formal impeachment process for the chancellor of Germany; however, the Bundestag can replace the chancellor at any time by voting for a new chancellor (constructive vote of no confidence, Article 67 of the Basic Law).
There has never been an impeachment against the President so far. Constructive votes of no confidence against the chancellor occurred in 1972 and 1982, with only the second one being successful.
However, the Legislative Council does not have the power to actually remove the chief executive from office, as the chief executive is appointed by the Central People's Government (State Council of China). The council can only report the result to the Central People's Government for its decision.
While the Constitution also states that Comptroller and Auditor General and justices of the superior courts can be removed from office for "stated misbehaviour", it does not describe this as impeachment and the requirement in each case is simple resolution by each house of the Oireachtas.Constitution of Ireland, Articles 33.5 and 35.4 The process is nevertheless informally called "impeachment".
Italian press and political forces made use of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents Francesco Cossiga (1991), Giorgio Napolitano (2014) and Sergio Mattarella (2018).
A main difference from U.S. proceedings, however, is that only one third of House members are required to approve the motion to impeach the president (as opposed to a simple majority of those present and voting in their U.S. counterpart). In the Senate, selected members of the House of Representatives act as the prosecutors and the senators act as judges with the Senate president presiding over the proceedings (the chief justice jointly presides with the Senate president if the president is on trial). Like the United States, to convict the official in question requires that a minimum of two thirds (i.e. 16 of 24 members) of all the members of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year.
Since the establishment of the Republic of Korea in 1948, the National Assembly has impeached three presidents: Roh Moo-hyun in 2004, Park Geun-hye in 2016, and Yoon Suk Yeol in 2024 following his declaration of martial law. Although Roh's impeachment was rejected by the Constitutional Court, Park and Yoon were later removed from office by the final Constitutional Court ruling.
In February 2021, Judge Lim Seong-geun of the Busan High Court was impeached by the National Assembly for meddling in politically sensitive trials, the first ever impeachment of a judge in Korean history. Unlike presidential impeachments, only a simple majority is required to impeach. Judge Lim's term expired before the Constitutional Court could render a verdict, leading the court to dismiss the case without ruling on it merits.
The provision of this article shall also apply to the offenses for which the president allegedly worked during his term of office.
According to the House practice manual, "Impeachment is a constitutional remedy to address serious offenses against the system of government. It is the first step in a remedial processthat of removal from public office and possible disqualification from holding further office. The purpose of impeachment is not punishment; rather, its function is primarily to maintain constitutional government." House Practice: A Guide to the Rules, Precedents and Procedures of the House, , chap. 27 (Impeachment). U.S. Government Publishing Office, p. 591. Impeachment may be understood as a unique process involving both political and Law elements. The Constitution provides that "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Art I.S3.C7.1.1 Judgment in Cases of Impeachment: Overview, , Constitution Annotated. It was generally accepted that "a former President may be prosecuted for crimes of which he was acquitted by the Senate," "Memorandum: Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He was Impeached by the House and Acquitted by the Senate", , U.S. Department of Justice, Office of Legal Counsel (18 August 2000). though that standard has been challenged in a recent case which held that the president has immunity for all official acts.
As of 2025, the U.S. House of Representatives had impeached an official 22 times since 1789: four times for presidents, fifteen times for , twice for a Cabinet secretary, and once for a US senator. Of the 22, the Senate voted to remove 8 officials impeached by the House of Representatives (all federal judges) from office. The four impeachment trials in the Senate of presidents were: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and again in 2021. All four impeachments were followed by acquittal in the Senate. An impeachment process was also commenced against Richard Nixon, but he resigned in 1974 to avoid an impeachment vote.
Almost all state constitutions set forth parallel impeachment procedures for state governments, allowing the state legislature to impeach officials of the state government. From 1789 through 2008, 14 governors have been impeached (including two who were impeached twice), of whom seven governors were convicted. "Research Response: Governors' Impeachments in U.S. History", , Illinois General Assembly Legislative Research Unit (8 July 2008).
Hungary
India
Ireland
no impeachment of a president has ever taken place. The dignity of what is a largely ceremonial office is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment. In 1976, after being criticised by [[a minister|Paddy Donegan]], Cearbhall Ó Dálaigh resigned "to protect the dignity and independence of the presidency as an institution", although there was no question of impeachment.
Italy
Japan
Liechtenstein
Lithuania
Norway
Peru
Philippines
Poland
Romania
Russia
Singapore
South Africa
South Korea
Turkey
United Kingdom
United States
Other
Armenia
despite this term not being used by the constitution itself.
See also
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