In France, both the President and the members of the government benefit from special rules that protect themselves from attacks on their actions and on their freedom of expression.
According to French law, the President of the Republic is never responsible for actions and words performed in the exercise of his duties. This means that no action (criminal, civil or administrative) can be brought against him for acts performed in his capacity as President, even after the end of his term of office. However, there are two exceptions to this rule:
- The President can be prosecuted before the International Criminal Court for crimes against humanity.
- The President can be removed from office in the event of a breach of his duties that is manifestly incompatible with his functions.
Also, the President benefits from an inviolability for his actions that do not relate to the exercise of his functions. This means that, during his term of office, he cannot be the subject of any legal proceedings, investigations, or prosecutions before any French court for such actions. This inviolability is temporary, judicial and administrative proceedings are only delayed and can be resumed or started at the end of his term of office.
These rules are explained by the special position the President occupies within the state institutions. Such rules go beyond the protection of his freedom of expression alone, but they necessarily include it.
For members of the government (Prime Minister and other Ministers), the protection of their freedom of expression is less strong. They are normally liable before the ordinary criminal courts for acts committed outside the scope of their duties. For acts performed in the exercise of their duties that are qualified as crimes or misdemeanours, they are criminally liable before a special court called the “Court of Justice of the Republic”. Therefore, members of the government do not enjoy any inviolability, but they benefit from a special jurisdiction.