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Typus
BauernOpfer
Bearbeiter
Singulus
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 61, Zeilen: 1ff (komplett)
Quelle: UNDP_Initiative_2006
Seite(n): 15, Zeilen: 18-37
In most countries, freedom from arrest (inviolability) precludes either the institution of legal proceedings and/or arrest and detention of a Member of Parliament without the consent of parliament.198 As stated earlier, there is a clear tendency to restrict inviolability to the arrest and detention of members of parliament and to exclude from its scope the institution of criminal proceedings.199 Among the countries covered by the UNDP initiative, Afghanistan, Iraq, Philippines, The Former Yugoslav Republic of Macedonia and Timor-Leste afford inviolability only for the arrest of a Member of Parliament. 200 Such arrest is consequently subject to the consent of the parliament. In Argentina, the arrest of a member in the course of judicial proceedings (for the institution of which the consent of parliament is not required), is only possible with parliament’s approval, as is the search of the house and workplace of the parliamentarian concerned and the interception of mail and telephone conversations. This is also the case in Georgia, where in addition to arrest or detention, the search of the home, car or workplace or any personal search of a member needs to be approved by the parliament.201 In the other countries covered by the study (except of course those following British parliamentary tradition), the judicial authorities must seek parliament’s permission not only to arrest but also to institute judicial proceedings. In Thailand, members may not be arrested, detained or summoned as suspects in [criminal cases without the consent of parliament.]

198 See, Background Paper prepared by the Inter-Parliamentary Union, Parliamentary Immunity, http://www.gopacnetwork.org/Docs/Global/IPU%20-%20UNDP%20Immunity%20Paper.pdf.

199 Id.

200 See, Robert Myttenaere, Moscow Session (September 1998), The Immunities of Members of Parliament, [1]

201 Georgia Constitution, Article 52, Section2 [sic], Arrest or detention of a member of the Parliament, the search of his/her apartment, car, workplace or his/her person shall be permissible only by the consent of the Parliament, except in the cases when he/she is caught flagrante delicto which shall immediately be notified to the Parliament. Unless the Parliament gives the consent, the arrested or detained member of the Parliament shall immediately be released.

In most countries, inviolability precludes either the institution of legal proceedings and/or arrest and detention of a member of parliament without the consent of parliament. As stated earlier, there is a clear tendency to restrict inviolability to the arrest and detention of members of parliament and to exclude from its scope the institution of criminal proceedings. Among the countries covered by the UNDP initiative, Afghanistan, Iraq, Philippines, The Former Yugoslav Republic of Macedonia and Timor-Leste afford inviolability only for the arrest of a member of parliament. Such arrest is consequently subject to the consent of the parliament. In Argentina, the arrest of a member in the course of judicial proceedings (for the institution of which the consent of parliament is not required), is only possible with parliament's approval, as is the search of the house and workplace of the parliamentarian concerned and the interception of mail and telephone conversations. This is also the case in Georgia, where in addition to arrest or detention, the search of the home, car or workplace or any personal search of a member needs to be approved by the parliament (Article 52 of the Constitution). In the other countries covered by the study (except of course those following British parliamentary tradition), the judicial authorities must seek parliament's permission not only to arrest but also to institute judicial proceedings. In Thailand, members may not be arrested, detained or summoned as suspects in criminal cases without the consent of parliament.
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(Singulus), WiseWoman

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