Diplomatic immunity
As political immunity is defined as the protection of a political office holders from prosecution by his office. The immunity applies in particular
- MPs Legislators, whose parliamentary immunity is regulated in most States by the Constitution, as well as
- Heads of State and some members of governments.
Historical aspects and criticism
Parliamentary immunity was in the last 150 years as a legal right that should serve two main purposes:
Immunity is often criticized when it serves political interests; in some countries it was therefore limited - for example, in Italy in 2003. In certain cases, it may be waived by the respective parliament.
Immunity of MPs
A member of the German Bundestag or the Federal Assembly has parliamentary immunity, which, however, does not protect him from civil claims against law enforcement. The immunity (Art. 46 para 2 GG) but does not protect the MPs themselves of punishment (as opposed to indemnity ), but is intended to ensure the workability of Parliament. Therefore, it can also be canceled by the respective parliament. In Switzerland, similar rules apply.
The German Bundestag has Betr. with his decision " Waiver of the immunity of members of the Bundestag " approved in principle the implementation of investigation. The immunity Committee examines specific cases, whether that consent is true or whether it is, in proceedings relating to offenses of a political character. If necessary, says the committee makes a recommendation on the basis of the Bundestag makes his decision.
The immunity of a deputy loses (except by Act of Parliament ) with the mandate expires, so that he then subject to the normal jurisdiction. This procedure can also be regulated differently depending on the country.
In many states, the deputies of federal states or regions possess immunity, such as the members of the state in Austria and Germany or the cantonal parliaments in Switzerland. With the immunity, the right to refuse to testify is often associated.
Also in relation to the EU or the European Parliament, these aspects are the subject of various debates. The immunity of MEP regulates the "Protocol on the Privileges and Immunities of the European Communities ". About the lifting of immunity acting at the request of a competent authority of a Member State of the plenary of the European Parliament, which relies on a report of the Legal Committee.
Heads of State and Governments
A head of state is entitled under customary international law immunity abroad for actions during his tenure. This immunity shall continue after the expiration of the term. Except for crimes against humanity, genocide and related offenses ( see International Criminal Law, International Criminal Court ). Because of the greater detail → Main article diplomatic status, section heads of state. The immunity in Germany, however, is not regulated by international law, but shall be governed by the provisions of national law.
The President of the Federal Republic of Germany enjoys accordingly under Article 60 in conjunction with Article 46 of the Basic Law political immunity in Germany. He may only be pursued if the Bundestag majority decision to waive immunity, Article 42 Section 2 Sentence 1 of the Basic Law. Earlier, the prosecutor's office to the President of the German Bundestag must have submitted an application, which forwards it to the immunity Committee; The Committee gives the Bundestag a recommended decision, § 107 Rules of Procedure of the German Bundestag.
The members of the Swiss Federal enjoy in a system without a real head of state in accordance with Article 162 of the Federal Constitutional immunity.
The German Chancellor and the other members of the federal government, however, have no immunity. However, they are usually also members of parliament and then enjoy as such immunity. Also in Austria enjoy immunity only members of the government, if they are Members, but - unlike in Germany - usually not the case.
Diplomats and work abroad
A diplomat enjoys diplomatic immunity under the Vienna Convention on Diplomatic Relations. Because of the greater detail → Main article diplomatic status.
Controversial is the immunity of citizens in the service of UN missions in prosecution by the International Criminal Court. In June 2004, the United States, however, have withdrawn a relevant draft resolution.
Location-based immunity
- Church sanctuary in campus in some countries ( Greece after 1973 )
Immunity from military
In Turkey, the Chief of Staff and the commanders of the army, navy and air force to enjoy an absolute immunity, that is, neither a civil nor a military court can rise against them charges. (see Turkish armed forces)