41.
Article 3 stipulated:
Whenever an indictment or a court summons is issued against the judges or officials referred
to in Articles 159 and 182 of the Constitution, the President of the Supreme Court of Justice
shall immediately notify this Tribunal and the President of the Senate of that fact. The
proceedings shall remain confidential until the Tribunal is notified of the complaint or
accusation.8
42.
Article 4 established:
Having been notified, the President of the Senate shall proceed to hold a public drawing of
lots to select from legislators on the list mentioned in Article 1, five members of the
Impeachment Jury, of which the parties (plaintiff and accused) shall be advised with at least
three days’ notice, with a special citation sent to the Chairs of the Committees for
Constitutional Affairs and Agreements and for General Legislation. The president of the
Impeachment Jury and both Chambers shall be informed of the results of the drawing of lots.
Article 5 provided that "if the number of legislator-lawyers is fewer than five (5), the
President of the Jury shall proceed directly to constitute the Tribunal with such as there are
on the list mentioned in Article 1 and shall notify the President of the Senate of that fact."
Article 6 provided that "the Supreme Court of Justice, having been specially called by its
President, shall hold, with at least three days’ notice to the parties (plaintiff and accused),
the public drawing of lots for five lawyers from among those registered in the list mentioned
in Article 2, who together with the five legislator-lawyers—or however many there are in the
event that that number is not reached—shall constitute the Impeachment Jury, in
accordance with Article 182 of the Constitution.”9
43.
Article 27 provided:
If the complaint or accusation meets the requirements set out in Article 25 and the
prosecutor has formulated their opinion, as appropriate, the President will call the members
who shall be required to make up the Jury in accordance with the provisions of Articles 4, 5,
and 6 of this Law, so that they may adopt a decision on their jurisdiction by a majority of
votes and determine if there is cause to proceed. If the complaint lies outside the jurisdiction
of the Jury, it shall find as much by a reasoned concurring vote of seven of its members
rejecting the complaint or accusation and ordering the proceedings to be set aside. If it is
prima facie admissible, it shall notify the accused, granting them not more than 15 days in
which to answer, which term may not be extended for reasons of distance. 10
44.
Article 28 provided:
Before adopting a decision on the propriety of the notice to which the preceding article
refers, the Jury shall have a preliminary discovery period to obtain information about the
facts on which the accusation is based. That discovery period shall conclude within 15 days
after the Jury is formed. That term having expired, it shall pronounce a decision on the
propriety of the notice based on the information in its possession." 11
8
Law 8085, Rules of Procedure for the Impeachment Judges.
9
Law 8085, Rules of Procedure for the Impeachment Judges.
Law 8085, Rules of Procedure for the Impeachment Judges; Law 11.967 amending various articles of Law 8085,
promulgated on June 24, 1997.
10
11 Law 8085, Rules of Procedure for the Impeachment Judges; Law 11.967 amending various articles of law 8085, promulgated
on June 24, 1997.