Art. 42. In this case the chamber of peers exercises a discretionary power, both in assigning the character of the crime, and in the punishment to be inflicted.
Art. 43. Before it is decided, that a minister shall be put upon his trial, the chamber of representatives must declare, that there are grounds for examining into the charge brought against him.
Art. 44. This declaration can be made only on the report of a committee of sixty members drawn by lot. This committee cannot make its report till at least ten days after its nomination.
Art. 45. When the chamber has declared, that there are grounds for examination, it may summon the minister before it, to demand an explanation of him. This summons cannot take place, till ten days after the committee has made its report.
Art. 46. In all other cases, ministers having departments cannot be summoned or sent for by the chambers.
Art. 47. When the chamber of representatives has declared, that there are grounds for examination against a minister, a new committee is to be formed, of sixty members, drawn by lot as the former; and this committee makes a fresh report on the subject of bringing him to trial. This committee does not make its report till ten days after its nomination.
Art. 48. The bringing to trial cannot be decided upon, till ten days after the report has been read, and distributed among the members.
Art. 49. The accusation being resolved upon, the chamber of representatives names five commissioners, chosen from among its own members, to conduct the charge before the chamber of peers.
Art. 50. Article 75 of head 8 of the constitutional act of the 22d of Frimaire, year 8, declaring, that the agents of the government can be prosecuted only in consequence of a decision of the council of state, shall be modified by a law.
HEAD V.