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Federal: the views of deputies immune during the legislative term
Baghdad / Range
Federal: the views of deputies immune during the legislative term
Baghdad / Range
The Federal Court confirmed on Tuesday that the immunity enjoyed by members of parliament prevents their arrest in case they committed a misdemeanor or a felony before the immunity of the parliamentary immunity.
Ayas al-Samuk, a spokesman for the court, said that "it held its session in the presence of all members and considered a request from the Karkh investigation court regarding the possibility of suing a member of the House of Representatives in case of committing a crime constituting a violation or misdemeanor.
In a statement received by al-Mada, al-Samok said in a statement issued by the court that No. (134/2017) stated that article 63 / II / A of the constitution stated a general principle that it is not permissible to prosecute a member of the House of Representatives before the courts Of the views during the term of the session contained in Article 57 of the Constitution, which states that the House of Representatives has an annual session with two legislative chapters of eight months ..., that is, a member of the House of Representatives enjoys immunity during the session of the views expressed and not being prosecuted before the courts on that".
The court spokesman explained that "I explained that paragraphs (b) and (c) of Article (63 / II) of the Constitution separated the cases in which a member of the House of Representatives may be arrested during the term of the legislative term within the session, if he is accused of a felony and after obtaining The consent of the absolute majority of the members of the House of Representatives, except for the case of the seizure of members of the House of Representatives cling to the crime of a crime, where it can be arrested directly. "
Al-Samok pointed out that "the decision stated that it is not permissible to arrest a member of the House of Representatives outside the legislative term unless he is accused of a felony after taking the approval of the Speaker of the House of Representatives to lift his immunity and then carry out the arrest warrant for him except for the case of the seizure of members of the House of Representatives, , It can be arrested without the consent of the Speaker of the House of Representatives. "
The spokesman added that "the decision confirmed that if the member of the House of Representatives committed a crime without felonies of the views expressed during the session provided for in Article (57) of the Constitution, the general principle contained in paragraph (a) of Article (63 / II) of The Constitution remains a prerogative, since it is not permissible to sue a member of the House of Representatives before the courts unless the immunity is lifted, in recognition of the tasks performed by the disobedience when prosecuting the approval of the House of Representatives, which has an estimate of the case and the imposition of the Constitution.
In a statement received by al-Mada, al-Samok said in a statement issued by the court that No. (134/2017) stated that article 63 / II / A of the constitution stated a general principle that it is not permissible to prosecute a member of the House of Representatives before the courts Of the views during the term of the session contained in Article 57 of the Constitution, which states that the House of Representatives has an annual session with two legislative chapters of eight months ..., that is, a member of the House of Representatives enjoys immunity during the session of the views expressed and not being prosecuted before the courts on that".
The court spokesman explained that "I explained that paragraphs (b) and (c) of Article (63 / II) of the Constitution separated the cases in which a member of the House of Representatives may be arrested during the term of the legislative term within the session, if he is accused of a felony and after obtaining The consent of the absolute majority of the members of the House of Representatives, except for the case of the seizure of members of the House of Representatives cling to the crime of a crime, where it can be arrested directly. "
Al-Samok pointed out that "the decision stated that it is not permissible to arrest a member of the House of Representatives outside the legislative term unless he is accused of a felony after taking the approval of the Speaker of the House of Representatives to lift his immunity and then carry out the arrest warrant for him except for the case of the seizure of members of the House of Representatives, , It can be arrested without the consent of the Speaker of the House of Representatives. "
The spokesman added that "the decision confirmed that if the member of the House of Representatives committed a crime without felonies of the views expressed during the session provided for in Article (57) of the Constitution, the general principle contained in paragraph (a) of Article (63 / II) of The Constitution remains a prerogative, since it is not permissible to sue a member of the House of Representatives before the courts unless the immunity is lifted, in recognition of the tasks performed by the disobedience when prosecuting the approval of the House of Representatives, which has an estimate of the case and the imposition of the Constitution.
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