Representative law explains the reason for the Federal Court’s decision to lift immunity
- Time: 05/26/2021 15:06:51
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{Politics: Al Furat News} The Parliamentary Legal Committee explained the reason for the Federal Supreme Court's decision regarding lifting the immunity of members of Parliament.
Al-Mukhtasar al-Mufid .. In important news, you can find it on the Al Furat News channel on the Telegram .. [You must be registered and logged in to see this link.]
Bahar Mahmoud said in a statement that the Euphrates News Agency received a copy of, that "the interpretation of the Federal Court regarding the immunity of the representative came because some deputies exploited their immunity to commit corruption crimes," stressing that "immunity is to facilitate the attorney’s professional mission and not to legitimize the commission of crimes."
She added, "Article 63 of the constitution is clear like the sun and does not need any explanation, as it is understood that it is not possible to arrest a member of Parliament except after the approval of the parliament by an absolute majority or the approval of the president during the legislative recess except in the case of a flagrant felony, in this case it is permissible to arrest him without need." Until the approval of Parliament or its president, but the interpretation of the Federal Court says the opposite! .
She added: We are against the immunity peek for any class of both society members of parliament or ministers or presidencies because immunity in violation of Article 14 of the Constitution, which provides for the equality of citizens before the law, and that there are some members of parliament took advantage of immunity to conduct crimes, especially corruption. "
Showed Mahmoud, "On the other hand, when interpreting any article, one must refer to the philosophy or wisdom of legislating this article. The wisdom of Article 63 of the Constitution is to facilitate the task of parliament members to carry out their legislative and oversight role and not to facilitate and legitimize the commission of crimes and hide behind them. Therefore, we criticize the exploitation of the privilege of immunity by some members." Parliament to commit corruption crimes. "
The Federal Supreme Court decided yesterday to abstain from previous court decisions regarding obtaining the approval of the House of Representatives in all crimes for which members of Parliament are accused, whether crimes are felonies, misdemeanors, or offenses. A crime of the type of felony that is not witnessed, except for the impunity of the members of Parliament, and legal measures can be taken against them directly in the event that any of them is charged with a felony, misdemeanor, or contravention.
The court also decided to revoke the previous court’s decision regarding the interpretation of the concept of an absolute majority, as the court decided that the concept of an absolute majority wherever it appears in the constitution is intended to be more than half the actual number of members of the House of Representatives, and what is meant by a simple majority is more than half of the number of members of the House of Representatives present. After a quorum is achieved. "
She pointed out that "with this decision, courts can settle corruption cases faster than before, because most corruption crimes apply to the description of misdemeanor crimes, and resolving them depends on lifting the immunity of the accused person, if he is a member of Parliament."
Ammar Al-Masoudi
[You must be registered and logged in to see this link.]
{Politics: Al Furat News} The Parliamentary Legal Committee explained the reason for the Federal Supreme Court's decision regarding lifting the immunity of members of Parliament.
Al-Mukhtasar al-Mufid .. In important news, you can find it on the Al Furat News channel on the Telegram .. [You must be registered and logged in to see this link.]
Bahar Mahmoud said in a statement that the Euphrates News Agency received a copy of, that "the interpretation of the Federal Court regarding the immunity of the representative came because some deputies exploited their immunity to commit corruption crimes," stressing that "immunity is to facilitate the attorney’s professional mission and not to legitimize the commission of crimes."
She added, "Article 63 of the constitution is clear like the sun and does not need any explanation, as it is understood that it is not possible to arrest a member of Parliament except after the approval of the parliament by an absolute majority or the approval of the president during the legislative recess except in the case of a flagrant felony, in this case it is permissible to arrest him without need." Until the approval of Parliament or its president, but the interpretation of the Federal Court says the opposite! .
She added: We are against the immunity peek for any class of both society members of parliament or ministers or presidencies because immunity in violation of Article 14 of the Constitution, which provides for the equality of citizens before the law, and that there are some members of parliament took advantage of immunity to conduct crimes, especially corruption. "
Showed Mahmoud, "On the other hand, when interpreting any article, one must refer to the philosophy or wisdom of legislating this article. The wisdom of Article 63 of the Constitution is to facilitate the task of parliament members to carry out their legislative and oversight role and not to facilitate and legitimize the commission of crimes and hide behind them. Therefore, we criticize the exploitation of the privilege of immunity by some members." Parliament to commit corruption crimes. "
The Federal Supreme Court decided yesterday to abstain from previous court decisions regarding obtaining the approval of the House of Representatives in all crimes for which members of Parliament are accused, whether crimes are felonies, misdemeanors, or offenses. A crime of the type of felony that is not witnessed, except for the impunity of the members of Parliament, and legal measures can be taken against them directly in the event that any of them is charged with a felony, misdemeanor, or contravention.
The court also decided to revoke the previous court’s decision regarding the interpretation of the concept of an absolute majority, as the court decided that the concept of an absolute majority wherever it appears in the constitution is intended to be more than half the actual number of members of the House of Representatives, and what is meant by a simple majority is more than half of the number of members of the House of Representatives present. After a quorum is achieved. "
She pointed out that "with this decision, courts can settle corruption cases faster than before, because most corruption crimes apply to the description of misdemeanor crimes, and resolving them depends on lifting the immunity of the accused person, if he is a member of Parliament."
Ammar Al-Masoudi
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