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Principles in immunity matters and in cases of approval pursuant to § 50 Abs 3 StPO and § 382 para. 3 ZPO as well as in authorisations pursuant to § 90b paragraph 2, § 194 para. 4 StGB (Annex 6 of the Rules of Procedure of the German Bundestag, BGBl

Original Language Title: Grundsätze in Immunitätsangelegenheiten und in Fällen der Genehmigung gemäß § 50 Abs 3 StPO und § 382 Abs. 3 ZPO sowie bei Ermächtigungen gemäß § 90b Abs. 2, § 194 Abs. 4 StGB (Anlage 6 der Geschäftsordnung des Deutschen Bundestages, BGBl...

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Principles in immunity matters and in cases of approval pursuant to § 50 Abs 3 StPO and § 382 para. 3 ZPO as well as in authorisations pursuant to § 90b para. 2, § 194 para. 4 StGB (Annex 6 of the Rules of Procedure of the German Bundestag, BGBl I 1980, 1237)

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BTGO1980Anl 6

Date of completion: 25.06.1980

Full quote:

" Principles in immunity matters and in cases of approval pursuant to § 50 Abs 3 StPO and § 382 para. 3 ZPO as well as in authorisations pursuant to § 90b para. 2, § 194 para. 4 StGB (Annex 6 of the Rules of Procedure of the German Bundestag, BGBl I 1980, 1237) of 25 June 1980 (BGBl. I p. 1237, 1261), as defined in point 2 d. Committee on the Verification of Credentials, Immunities and Rules of Procedure d. Bundestag of 27 June 2002 has been amended "

Status: Amended by No 2 d. Committee on the Verification of Credentials, Immunities and Rules of Procedure d. Bundestag (Bundestag) v. 27.6.2002 in accordance with Bek. v. 15.7.2002 I 3012

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.1980 + + +) 
(+ + + Text of the Rules of Procedure see: BTGO 1980 + + +)

The principles pursuant to Section 107 (2) shall be adopted by the Committee on the Verification of Credentials, Immunities and Rules of Procedure at the beginning of a parliamentary term.

A.
Principles in immunity matters

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1. Application authorization

Entitled to the position of a request for waiver of immunity are
a)
public prosecutors, courts, legal and professional courts of public law, and professional bodies exercising the authority of the law to supervise the public,
b)
the court before opening the main proceedings in accordance with Section 383 of the StPO,
c)
the creditor in the enforcement proceedings, in so far as the Court of First Instance cannot act without the latter's request,
d)
the Committee on the Verification of Credentials, Immunities and Rules of Procedure.
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2. Communication to the President of the Bundestag and submission of applications

a)
If the Bundestag has approved the conduct of investigation proceedings against members of the Bundestag for the duration of an election period, the President of the Bundestag shall be the President of the Bundestag before the opening of an investigation procedure and, if: The President of the Bundestag shall inform the Member of the Bundestag that there is no reason to claim the truth of the truth; if a communication to the Member of the Bundestag is not received, the President shall also be informed thereof, stating the reasons for the decision. The right of the Bundestag to demand the suspension of the proceedings (Article 46 (4) of the Basic Law) remains unaffected.
b)
The Public Prosecutors and the courts address their requests to the President of the Bundestag on the way through the Federal Minister of Justice, who submits them with the request that a decision be taken on whether the authorisation to prosecute or restriction of the personal freedom of a member of the Bundestag or of the measure otherwise intended.
c)
The creditor (paragraph 1 (c)) may submit his application directly to the Bundestag.
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3. Position of the affected Members of the Bundestag

In immunity matters, the affected member of the Bundestag in the Bundestag shall not be given the floor; requests for the waiver of his immunity shall not be taken into consideration. The Committee on the Verification of Credentials, Immunities and Rules of Procedure may, at the request of a political group in the committee, give the Member concerned an opportunity to submit its observations. Unofficial table of contents

4. Decisions on immunity matters

The aim of the immunity law is primarily to ensure the working and functioning capacity of the Bundestag; the individual Member of Parliament is entitled to a decision which is free of non-material, arbitrary motives. The decision on the waiver or restoration of immunity shall be taken by the Bundestag on its own responsibility, in consideration of the interests of Parliament and of the other sovereign powers, taking into account the concerns of the person concerned. MEPs. A statement of evidence does not materialize; the decision does not include a determination of right or wrong, guilt or non-guilt. Unofficial table of contents

5. insults of a political nature

Insults of political character are usually not meant to lead to the waiver of immunity.
In order to prepare a decision on whether to submit a request for a decision on the authorisation to conduct a criminal procedure, the Public Prosecutor's Office may inform the Member of the Bundestag of the accusation and to take a position on this issue. Findings of the Public Prosecutor's Office on the personality of the viewer and of other circumstances which are important for the assessment of the seriousness of an ad do not mean "pulling the responsibility" within the meaning of Article 46 (2) of the Basic law.
Article 46 (1) of the Basic Law stipulates that a member of the Bundestag shall not be held responsible for a vote or an utterance which it has done in the Bundestag or in one of its committees, either in court or in service. , with the exception of slanderous insults (Indemnität). This means, however, that it cannot be prosecuted, for example, because of the simple insult that has taken place in Parliament. The principle is derived from this that, in the case of simple insults that have occurred outside the Bundestag, immunity should not be waived, provided that the insult is political and does not constitute a defamation. "Outside the Bundestag" is also an offensive statement that a member of the Bundestag has done as a witness before a committee of inquiry, since the member of the Bundestag is here to every other citizen who is heard as a witness. is the same. Unofficial table of contents

6. arrest of a member of the Bundestag in the event of the act of committing the act

During the arrest of a member of the Bundestag upon commission of the deed or in the course of the following day, the conduct of the criminal proceedings or an arrest, insofar as it takes place no later than "in the course of the following day", shall not be approved (Article 46 (2) of the Basic Law).
A re-introduction or arrest after the prior release and the deletion of the day following the act then again requires the approval of the Bundestag; for herein lies a restriction of personal freedom (Article 46 (2) of the German Bundestag). basic law), which is in no way related to the arrest "on fresh deed". Unofficial table of contents

7. Arrest of a member of the Bundestag

a)
The authorisation granted for the duration of an election period for the conduct of investigation proceedings against Members of the Bundestag for offences and the authorisation to collect the public action for a criminal offence does not include at the same time the authorisation to conduct a criminal offence. the authorisation to arrest (Article 46 (2) of the Basic Law) or forcibly forcibly.
b)
In the case of arrest (Article 46 (2) of the Basic Law), only the pre-trial detention is to be understood; the arrest for the execution of the sentence is again subject to special authorisation.
c)
The approval of the arrest includes the approval of the forcibly forcibly shown.
d)
The approval of the forcible performance does not include the approval of the arrest.
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8. Enforcement of custodial sentences or enforced detention (§ § 96, 97 OWiG)

The authorisation to collect the public action on the grounds of a criminal offence shall not be entitled to the execution of a custodial sentence.
The execution of a custodial sentence or a detention order (§ § 96, 97 OWiG) shall be subject to the approval of the Bundestag. In order to simplify the business process, the Committee on Electoral Examination, Immunity and Rules of Procedure has been mandated to make a preliminary ruling on the authorisation of enforcement, but only in the case of custodial sentences, except in cases of a higher degree of imprisonment. The term of imprisonment is recognized as three months, or in the case of an overall criminal training (§ § 53 to 55 StGB, § 460 StPO) none of the recognized individual penalties exceeds three months. Unofficial table of contents

9. Disciplinary Proceedings

The waiver of immunity to conduct disciplinary proceedings does not apply to the prosecution of criminal proceedings by the Public Prosecutor's Office on the basis of the same facts. Conversely, the waiver of immunity for the conduct of criminal proceedings does not apply to the conduct of disciplinary proceedings.
The enforcement of disciplinary measures shall not require renewed approval of the Bundestag. Unofficial table of contents

10. Ehren-und Berufsgerichtsverfahren

Procedures before honours and professional courts which have a public-law character can only be carried out after waiver of immunity. Unofficial table of contents

11. Procedure in the case of traffic offences

In the case of traffic offences, the authorisation shall be granted in principle. In order to simplify the business process, the Committee on Electoral Scrutiny, Immunity and Rules of Procedure is responsible for making a preliminary ruling on all cases of traffic offences. Unofficial table of contents

12. Procedure for Bagatellar matters

In the case of applications which, in the opinion of the Committee on the Verification of Credentials, Immunities and Rules of Procedure, have an item of Bagatel, the Committee has been instructed to make a preliminary ruling (point 13). Unofficial table of contents

13. Simplified procedure (preliminary rulings)

If, on the basis of the authorisation granted to him, the Committee has made a preliminary ruling (points 8, 11, 12, B. and C.), the President shall be informed by the President in writing of the preliminary ruling without being placed on the agenda. It shall be deemed to be a decision of the Bundestag if there is no objection within seven days of notification. Unofficial table of contents

14. Authorisations requirement in special cases

The approval of the Bundestag is required:
a)
For the purpose of enforcing the order for the purpose of enforcing an omission or culling (§ 890 ZPO). If a sentence is threatened in a judgment or an injunction, directed to an omission or culpation, in the case of the infringement, a penalty shall be imposed, the threat is the setting of a standard. The examination of whether this standard, which is intended to encourage the debtor to comply with the obligation to carry out the duty to the future, is infringed, therefore means "to take responsibility" within the meaning of Article 46 (2) of the Basic Law for the violation of " one with a penalty threatened action ". In so doing, it is immaterial whether the procedure is in order or in order to achieve administrative or monetary benefits.
b)
In order to enforce the arrest in order to enforce the debtor's oath insurance (§ 901 ZPO). Since only the execution of the arrest warrant is a restriction of personal freedom within the meaning of Article 46 (2) of the Basic Law and therefore, the approval of the German Bundestag is required, the Committee on the Verification of Credentials, Immunities and Rules of Procedure is on the view that the implementation of the procedure for the enforcement of the affidavit against a member of the Bundestag as debtor and also the order of detention by the court for the Forcing the performance of the "eidesstattlichen Versicherung" do not yet mean "to take responsibility" and therefore do not require the approval of the German Bundestag.
c)
For the execution of the order or for the compulsory performance of the performance as a witness (§ 51 StPO and § 380 ZPO).
d)
For the execution of the order or the detention on grounds of undue denial of evidence (§ 70 StPO and § 390 ZPO).
e)
For the enforcement of forced custody for the effect of unenforceable acts (§ 888 ZPO).
f)
In order to enforce the sentence or other restriction of liberty for the enforcement of the personal security arrests (§ 933 ZPO).
g)
For the execution of the order for an undue fee (§ 178 GVG).
h)
For the forcible performance of the debtor and the execution of the detention in the insolvency proceedings (§ 21 para. 3 and § 98 para. 2 InsO).
i)
For an incarnate placement in a nursing or nursing home (§ 126a StPO).
j)
The measures of improvement and security (§ 61 et seq. StGB).
k)
For forcible performance (§ § 134, 230, 236, 329 and 387 StPO).
l)
For arrest on the basis of arrest warrants according to § § 114, 125, 230, 236 or 329 StPO.
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15. Protective measures according to the Infection Protection Act

Protective measures in accordance with the Infection Protection Act are of an emergency-like nature. Measures in accordance with § § 29ff. of the Infection Protection Act therefore require no waiver of immunity, regardless of whether they are necessary for protection against the Member of the Bundestag or for the protection of the member of the Bundestag against others.
However, the competent authorities shall be obliged to inform the President of the German Bundestag immediately of the measures ordered against a member of the Bundestag. The Committee on the Verification of Credentials, Immunities and the Rules of Procedure shall be entitled to examine or verify whether they are measures justified under the Infection Protection Act. If it does not consider it necessary or no longer necessary, the committee may, by means of the preliminary ruling, require the suspension of the measures ordered.
If the committee cannot meet within two days of receipt of a communication from the competent authorities, the President of the Bundestag shall have the rights of the Committee on the Verification of Credentials, Immunities and Rules of Procedure to that extent. It shall forthwith inform the Committee of its decision. Unofficial table of contents

16. Penal criminal proceedings

In the case of the adoption of the Statute for Members of the European Parliament, pending criminal proceedings, as well as any detention, execution of a custodial sentence or any other restriction of personal freedom (cf. (14) shall be subject to ex office proceedings.
If a proceeding is to be continued, a decision of the Bundestag shall be obtained beforehand, unless the authorisation to carry out preliminary investigations for a criminal offence has already been granted. Unofficial table of contents

17. Treatment of amnesty peers

The Committee on the Verification of Credentials, Immunities and the Rules of Procedure is authorized, in all cases where judicial proceedings against a Member of the Bundestag are not to be carried out as a result of an amnesty that has already been expressed. would allow the judicial cessation of the proceedings on the basis of the amnesty by declaring in such cases that the Bundestag will not raise any objections to the application of the law on impunity. Such cases do not need to be submitted to the plenary of the Bundestag.

B.
Authorization for prosecution pursuant to § 90b (2), § 194 (4) of the German Criminal Code (StGB)

The authorization for prosecution pursuant to Section 90b (2) of the German Criminal Code (StGB)-the hostility of the Bundestag-as well as in accordance with § 194 (4) of the German Criminal Code (StGB)-insult to the Bundestag-may be made by means of the preliminary ruling in accordance with point 13 of the principles in Immunity issues are granted. The Public Prosecutor's Office shall address their requests in accordance with the Guidelines for the Criminal Procedure and the Fines Procedure to the Federal Minister of Justice, who shall submit them with the request that a decision be taken on whether to grant the authorisation to: Prosecution pursuant to § 90b (2) or § 194 (4) of the German Criminal Code (StGB) is granted.

C.
Permission to witness testimony pursuant to § 50 sec. 3 StPO and § 382 para. 3 ZPO

The approval for a derogation from Section 50 (1) of the StPO and Section 382 (2) of the ZPO, according to which the members of the Bundestag are to be heard at the seat of the Assembly, may by means of the preliminary decision under point 13 of the principles in immunity matters shall be granted. The public prosecutors and tribunals directly address their applications to the President of the Bundestag. An authorisation shall not be required if the date for questioning is outside the Bundestag's weeks of meeting.