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State & Politics

Article 29 - Personal immunity

Article 29

Personal immunity


   (1) Members of the State Parliament may not in any circumstances be held responsible for votes cast in the exercise of their office, and may only be held responsible by the State Parliament for oral or written utterances made whilst in office.
   (2) Except in the case of apprehension in the act of committing a crime, members of the State Parliament may be arrested on the grounds of a criminal offence only with the consent of the State Parliament. Searches of houses belonging to members of the State Parliament likewise require the approval of the State Parliament.
   (3) Legal action on the grounds of a criminal offence may be taken against members of the State Parliament without its consent only if the offence is manifestly not connected with the political activity of the member in question. The authority concerned must however seek a decision by the State Parliament on the existence of such a connection if the deputy in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. In the case of such a demand being made, all related legal processes shall immediately cease or be discontinued.
   (4) In all these cases, the consent of the State Parliament is considered to have been granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal proceedings. In order to ensure that the State Parliament adopts a resolution in good time, the President shall put any such request to the vote at the latest on the day but one before the expiry of the deadline.
   (5) In case of a member’s apprehension in the act of committing a crime, the authority concerned must immediately notify the arrest to the President of the State Parliament. If the State Parliament so demands, the arrest must be suspended or the legal proceedings as a whole be dropped.
   (6) The immunity of members of the State Parliament ends when the next legislative period begins; the immunity of bodies of the State Parliament whose tenure of office extends beyond this date shall end on the expiry of this term of office.


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