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Principles in immunity matters and in cases of approval in accordance with § 50 ABS 3 StPO and section 382, para 3 ZPO and appropriations in accordance with article 90 b para 2, § 194 section 4 StGB (annex 6 of the rules of procedure of the German Bundestag, Federal Law Gazette I 1980, 1237) BTGO1980Anl 6 copy date: 25.06.1980 full quotation: "principles in immunity matters and in cases of approval in accordance with § 50 ABS 3 StPO and section 382, para 3 ZPO and appropriations in accordance with article 90 para 2" ", Section 194 para 4 Penal Code (annex 6 of the rules of procedure of the German Bundestag, Federal Law Gazette I in 1980, 1237) of 25 June 1980 (BGBl. I S. 1237, 1261), by number 2 d. Committee for verification, immunity and rules d. Bundestag has been changed from June 27, 2002" stand: amended by no. 2 d. Committee for verification, immunity and the rules of procedure d. Bundestag v. 27.6.2002 gem. BEK. v. 15.7.2002 3012 for details on the stand number you find in the menu see remarks footnote (+++ text detection from: 1.10.1980 +++) (+++ text of the rules of procedure see: BTGO 1980 +++) the principles contained in section 107 subsection 2 will be decided by the Committee for verification, immunity and rules of procedure each at the beginning of a parliamentary term.
A. principles concerning immunity 1 entitlement entitled to the position of a request for waiver of immunity are a) the public prosecutor's offices, courts, honor and professional courts of public and professional bodies that exert force act as supervisory, b) in the private litigation the Court, before it opened the main proceedings according to § 383 StPO, c) the creditors in the enforcement proceedings, unless the Court even without its application can operate , d) the Committee on verification, immunity and the rules of procedure.
2. communication to the President of the Bundestag and submitting of applications a) has approved a parliamentary term the Bundestag for the duration of carrying out investigations against members of the Bundestag for offences is so before initiating an investigation of the President of the Bundestag and, unless reasons of truth, to make communication a concerned Member of the Bundestag; failing a communication to the Member of the Bundestag, the President is also this, stating the reasons to teach. The right of the Federal Parliament to request the suspension of the procedure (article 46 paragraph 4 of the Basic Law), remains unaffected.
(b) the public prosecutor's offices and courts direct their requests to the President of the Bundestag on the service road of the Federal Minister of Justice, who submits them with the request, to bring about a decision, whether the prosecution or restriction of personal freedom to a member of the Bundestag or otherwise intended measure is approved.
c) creditors (number 1) (c) can set his request directly to the Federal Parliament.
3. position of the affected members of the Bundestag immunity matters should not get the word to the point the affected Member of the Bundestag in the Bundestag; Applications provided by him for his immunity shall be disregarded. Verification, immunity and Rules Committee the Member concerned can give opportunity to submit its observations at the request of a political group in the Committee.
4. the immunity law aims decisions on immunity matters primarily to ensure the working and functioning of Parliament; the individual Member has a right to a choice of unrelated, arbitrary motives. The decision abolish or restore the immunity to the Bundestag in its own responsibility under consideration of the concerns of the Parliament and of other statutory powers, taking into account the concerns of the affected members. In an assessment of the evidence will not have occurred; the decision contains no finding of right or wrong, guilt or no guilt.
5. insults of political character shall not lead usually insults political character to the waiver of the immunity.
The Prosecutor must inform Member of the Bundestag to prepare a decision as to whether a request for decision approving should be available for the conduct of criminal proceedings, the accusation and make him prey to take a position. Findings of the public prosecutor's Office about the personality of the display Rapporteur as well as other circumstances important for assessing the seriousness of an ad mean no "responsible move" within the meaning of article 46 para 2 of the basic law.
Article 46 paragraph 1 of the Basic Law provides that a member of the Parliament for a vote or a statement, which it has done in the Bundesrat or one of its committees, judicial or official not can be held accountable, except with slanderous insults (indemnity). This means but that's not can be prosecuted E.g. due to easier offense occurred in the Parliament. Here, the principle is inferred that in simple insults which have occurred outside of the Bundestag, also the immunity not to be lifted, unless the offence of political character and represents no slander. Also an insulting statement, which did a member of the Bundestag as a witness before a Committee of inquiry, because that is a member of the Federal Parliament here is every other citizen, being interviewed as a witness, considered to be "outside of the Bundestag".
6 arrest of a member of the Bundestag in committing the Act to arrest of a member of the Bundestag in committing the Act or in the course of the following day requires the conduct of criminal proceedings or an arrest, insofar as she done no less than "in the course of the following day", any approval (article 46 § 2 of the Basic Law).
A renewed demonstration or arrests after previous release and expiration of the day following the Act then requires the approval of the Bundestag; because this is a restriction of personal freedom (article 46 para 2 of the Basic Law), the "red-handed" is unrelated to the arrest.
7 arrest of a member of the Bundestag a) the authorisation to carry out investigations against members of the Bundestag of offences, as well as the authorisation to collect the public proceedings for an offence for a parliamentary term includes also the approval to arrest (article 46 para 2 of the Basic Law) or compulsory screening.
(b) under arrest (article 46 para 2 of the Basic Law) only the pre-trial detention is to understand; special permission is required again by the arrest for the enforcement of penalties.
(c) the authorization to arrest includes authorization for the compulsory screening.
(d) the authorisation to the compulsory screening includes not permission for the arrest.
8 enforcement of custodial penalties or enforcement detention (§§ 96, 97 accordance) the authorisation to collect the public proceedings for an offence does not entitle to the enforcement of a custodial sentence.
The enforcement of a custodial sentence or a detention of enforcement (§§ 96, 97 accordance) require the approval of the Bundestag. To the simplification of the business is the Committee for verification, immunity and rules instructed, to make a preliminary decision on the approval of the enforcement, with imprisonment only, or in a total sentence formation as far as on a higher sentence than three months is not recognized, (paragraphs 53 to 55 of the criminal code, § 460 StPO) exceeds any of the recognized single sentences of three months.
9 immunity to carry out a disciplinary procedure does not apply disciplinary proceedings to the conduct of criminal proceedings by the public prosecutor's Office because of the same facts. Vice versa lifting the immunity for the conduct of criminal proceedings does not apply to carrying out a disciplinary procedure.
Enforcement of disciplinary measures need no further approval of the Bundestag.
10 honorary and professional trial procedures in honor and professional courts which have public character, can be performed only after the immunity.
11 procedures for traffic offences for traffic offences should be approved in principle. To the simplification of the business is the Committee for verification, immunity and rules of procedure, to make a preliminary decision in all cases of traffic offences.
12 procedures for small claims in applications that have a small subject according to the Committee for verification, immunity and the rules of procedure, the Committee shall be responsible to make a preliminary decision (paragraph 13).
13 the Committee on the basis of the authorization granted to him has simplified procedure (preliminary decision) (number 8, 11, 12, B. and C.) made a preliminary decision, these will be communicated in writing the Bundestag by the President, without being put on the agenda. She considered decision of the Bundestag, when opposition is entered within a period of seven days after notification.
14 permit requirements in special cases the approval of the Bundestag is needed: a) the enforcement of Ordnungshaft to the enforcement of an omission or connivance (§ 890 ZPO).
In a judgment or an interim injunction, set on an omission or acquiescence, for the case of contravention threatened a penalty, so the threat represents setting a standard. Testing, whether this standard, which should stop the debtor to the future fulfillment of the obligation to cease and desist is hurt, therefore a "means responsibility" within the meaning of article 46 paragraph 2 of the basic law for infringement "a punishable action". It is irrelevant, whether in the process Ordnungshaft or money is sought.
(b) for the execution of the imprisonment to enforce the affidavit of the debtor (section 901 ZPO).
Since only the execution of the arrest warrant, para 2 of the basic law is a restriction of personal freedom within the meaning of article 46 and thus the approval of the German Bundestag are needed is the Committee for verification, immunity and rules of procedure considers that the implementation of the procedure for the enforcement of the affidavit against a member of the Bundestag as a debtor and also the arrangement of the detention by the Court to enforce mean performance of the affidavit do not "take responsibility" and Therefore any of the German Bundestag approval.
(c) for the execution of the Ordnungshaft or to the compulsory screening due to absence of evidence (§ 51 StPO and § 380 ZPO).
(d) for the execution of the Ordnungshaft or detention due to baseless denial of testimony (section 70 StPO and § 390 ZPO).
(e) for the enforcement of the detention to the obtaining of unacceptable acts (section 888 ZPO).
f) for the execution of the custody or other restriction of freedom to the enforcement of the personal security arrest (section 933 ZPO).
(g) for the execution of the Ordnungshaft contempt (§ 178 GVG).
h) to the compulsory screening of the debtor and to the enforcement of the detention in the insolvency proceedings (article 21, para. 3 and article 98, paragraph 2 InsO).
(i) to the temporary housing in a medical or care institution (§ 126a StPO).
(j) to custodial measures of improvement and assurance (§ 61ff. Of the Criminal Code).
(k) to the compulsory screening (sections 134, 230, 236, 329 and 387 StPO).
(l) to the arrest under warrant after §§ 114, 125, 230, 236, or 329 StPO.
15 protective measures having the infection Protection Act protection measures, emergency-like character after the infection Protection Act. Measures according to the § 29ff. of the infection Protection Act must be therefore, no matter whether they be required to protect against the Member of the Bundestag or the protection of the Member of the Bundestag against others, not immunity.
The competent authorities are however obliged to promptly inform the President of the Bundestag of the measures ordered against a member of the Bundestag. The Committee for verification, immunity and the rules of procedure is entitled to check or test to be whether measures justified after the infection Protection Act. He considers it not or no longer required, the Committee by way of the preliminary decision may require the suspension of the measures.
May not meet the Committee two days after receipt of a communication from the competent authorities, the President of the Bundestag in so far has the rights of the Committee on verification, immunity and the rules of procedure. He has to put the Committee without delay of its decision having regard to.
16 pending criminal proceedings during transfer of the mandate of members of Parliament are pending criminal proceedings and any ordered detention, enforcement of a custodial sentence or any other restriction of personal liberty (see paragraph 14) to suspend its own initiative.
A process is to be continued, a decision of the Bundestag is previously to obtain, as far as the approval to carry out investigation of a criminal offence is not already granted.
17 handling of amnesty cases verification, immunity and Rules Committee is empowered, in all cases where a judicial prosecution against a member of the Parliament as a result of an already pronounced amnesty not would come to perform, to allow that he declared in such cases the court terminating of the proceeding on the basis of the amnesty, the Bundestag will raise no objections against the application of the immunity law. Such cases require not the submission to the plenary of the Bundestag.
B. authorization to law enforcement after article 90 b para 2, § 194 section 4 penal code the authorization to the prosecution after article 90 para 2 of the criminal code - anti-constitutional disparagement of the Bundestag - as well as after section 194 para 4 Penal Code - insult of the Bundestag - can in the way of the preliminary decision referred to in paragraph 13 of the principles concerning the immunity be granted. The public prosecutor's Office set up their applications in accordance with the guidelines for the criminal proceedings and the fine procedure to the Federal Minister of Justice, who submits them with the request, to bring about a decision, whether the authorization to the law enforcement is granted according to article 90 b para 2 or § 194 section 4 of the criminal code.
C. consent to the examination according to § 50 paragraph 3 StPO and section 382, para 3 ZPO the approval to a deviation from § 50 para 1 StPO and section 382, para 2 ZPO, that the members of the Bundestag at the seat of the Assembly should be heard may be granted by way of the preliminary decision referred to in paragraph 13 of the principles in matters of immunity. The public prosecutor's offices and courts set their requests directly to the President of the Bundestag. A permit not needed, if the date for questioning outside of the Bundestag session weeks.
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