von Weizhong Yi
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| [1.] Wy/Fragment 060 01 - Diskussion Zuletzt bearbeitet: 2013-09-12 15:38:36 WiseWoman | BauernOpfer, Fragment, Gesichtet, SMWFragment, Schutzlevel sysop, UNDP Initiative 2006, Wy |
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| Untersuchte Arbeit: Seite: 60, Zeilen: 1ff (komplett) |
Quelle: UNDP_Initiative_2006 Seite(n): 14-15, Zeilen: 41-43;1-16 |
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| [Once it has expired, members of parliament may] consequently be prosecuted for offences in respect of which parliament had not lifted immunity. The Standing Orders of Timor-Leste and Argentina provide specifically that, in the case of a refusal to lift inviolability, the prescription period of a crime is suspended.194 However, there seems to be an exception to this rule in Iraq since Article 60 Cof [sic!] the Constitution 195 stipulates that a member of the Council of Representatives may not be arrested after the legislative term without the consent of the Speaker, unless he/she is accused of a felony or is caught in flagrante delicto committing a felony. With respect to judicial proceedings pending at the time of taking up office, in the majority of countries they cannot be pursued without the explicit authorization of the assembly.
6.2.3 Restrictions Based on the Nature of the Offence As regards restrictions based on the nature of the offence, there are many different practices. Some countries make no such distinction (Bolivia, Burundi, Cambodia, Lebanon),196 others exclude protection for serious offences and others, on the contrary, take the view that immunity should apply in serious cases only and not for minor offences (for example Rwanda, where parliamentarians suspected of a serious felony enjoy protection).197 6.2.4 Restrictions Concerning Criminal Procedural Acts 194 See, Background Paper prepared by the Inter-Parliamentary Union, Parliamentary Immunity, [1]. 195 Iraqi Constitution, Art.60, C, “A Council of Representatives member may not be arrested after the legislative term of the Council of Representatives, unless the member is accused of a felony and with the consent of the speaker of the Council of Representatives to lift his immunity or if he is caught in flagrante delicto in the commission of a felony.” 196 See, Robert Myttenaere, Moscow Session (September 1998), The Immunities of Members of Parliament,[2]. 197 Id. |
Once it has expired, members of parliament may consequently be prosecuted for offences in respect of which parliament had not lifted immunity. The Standing Orders of Timor-Leste and Argentina provide specifically that, in the case of a refusal to lift inviolability, the prescription period of a crime is suspended (Article 8, para. 5, Article 5 of Law 25.320 on the Lifting of Parliamentary Immunity, respectively). However, there seems to be an exception to this rule in Iraq since Article 60 C of the Constitution stipulates that a member of the Council of Representatives may not be arrested after the legislative term without the consent of the Speaker, unless he/she is accused of a felony or is caught in flagrante delicto committing a felony. With respect to judicial proceedings pending at the time of taking up office, in the majority of countries they cannot be pursued without the explicit authorization of the assembly.
(c) Restrictions based on the nature of the offence As regards restrictions based on the nature of the offence, there are many different practices. Some countries make no such distinction (Bolivia, Burundi, Cambodia, Lebanon), others exclude protection for serious offences and others, on the contrary, take the view that immunity should apply in serious cases only and not for minor offences (for example Rwanda, where parliamentarians suspected of a serious felony enjoy protection). (d) Restrictions concerning criminal procedural acts |
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