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Decision of the German Bundestag Waiver of immunity of Members of the Bundestag (Annex to the Rules of Procedure of the German Bundestag, BGBl I 1980, 1237)

Original Language Title: Beschluß des Deutschen Bundestages betr. Aufhebung der Immunität von Mitgliedern des Bundestages (Anlage der Geschäftsordnung des Deutschen Bundestages, BGBl I 1980, 1237)

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Decision of the German Bundestag Waiver of immunity of Members of the Bundestag (Annex to the Rules of Procedure of the German Bundestag, BGBl I 1980, 1237)

Unofficial table of contents

BTGO1980Bes

Date of completion: 25.06.1980

Full quote:

" Decision of the German Bundestag. Waiver of immunity of Members of the Bundestag (Annex to the Rules of Procedure of the German Bundestag, BGBl I 1980, 1237) of 25 June 1980 (BGBl. 1237, 1264), as last amended by point 1 of Decision d. Bundestag in accordance with the Notice of 15 July 2002 (BGBl. I p. 3012)

Status: Last amended by No 1 Decision d. Bundestag 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 + + +)

This decision shall be taken by the German Bundestag at the beginning of an election period. Unofficial table of contents

1.

Until the end of this parliamentary term, the German Bundestag approves the conduct of investigation proceedings against members of the Bundestag for offences, unless they are insulting (§ § 185, 186, 187a (1), § 188 (1) StGB) political character.
Before an investigation is initiated, the President of the German Bundestag and, insofar as there are no grounds for truth-finding, shall be notified to the relevant member of the Bundestag; a communication shall not be sent to the President of the Bundestag. Member of the Bundestag, the President shall also be informed thereof, stating the reasons. The right of the German Bundestag to demand the suspension of the proceedings (Article 46 (4) of the GG) remains unaffected.
The investigative procedure may be initiated in individual cases at the earliest 48 hours after receipt of the notice to the President of the German Bundestag. During the calculation of the period, Sundays, public holidays and Sundays are not included. The President of the German Bundestag may, in agreement with the Chairman of the Committee on the Verification of Credentials, Immunities and Rules of Procedure, extend the deadline appropriately. Unofficial table of contents

2.

This authorisation shall not include:
a)
the imposition of a public action on the grounds of a criminal offence and the request for the issuing of a criminal order;
b)
in the case of the law on administrative offences, the Court's notice that the act can also be decided on the basis of a criminal law (Section 81 (1) sentence 2 of the OWiG Act),
c)
Freedom-of-freedom and freedom-limiting measures in the investigative procedure.
d)
the continuation of an investigative procedure, to which the Bundestag, in the previous parliamentary term, requested the suspension of the investigation pursuant to Article 46 (4) of the Basic Law.
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3.

In order to simplify the business process, the Committee on Electoral Scrutiny, Immunity and Rules of Procedure is charged with a preliminary ruling on the approval of traffic offences in the cases referred to in point 2.
The same shall apply to criminal offences which, in the opinion of the Committee on the Verification of Credentials, Immunities and Rules of Procedure, are to be considered as Bagatell matters.
The authorization for prosecution pursuant to Section 90b of the German Bundestag (German Bundestag)-as well as § 194 (4) of the German Bundestag (German Bundestag)-insult to the German Bundestag-may be granted by way of a preliminary ruling.
If at the beginning of an election period the continuation of a criminal proceedings against a member of the Bundestag is to be approved, against which the previous Bundestag has already approved the implementation of this criminal procedure, can by way of preliminary ruling shall be adopted. Unofficial table of contents

4.

The execution of a custodial sentence or a detention order (§ § 96, 97 OWiG) shall be subject to the approval of the German Bundestag. In order to simplify the operation, the Committee on Electoral Examination, Immunity and the Rules of Procedure shall be charged with a preliminary ruling on the authorisation of enforcement, in the case of custodial sentences only, 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

5.

If the execution of an ordered search or seizure is authorized against a member of the German Bundestag, the President shall be instructed to associate the permit with the requirement that, in the execution of the compulsory measure, a different Member of the Bundestag and, if enforcement is to be carried out in rooms of the Bundestag, an additional representative of the President shall be present; the Member of the Bundestag shall designate the President in consultation with the Chairman of the Group of the Member of the Bundestag, against which the enforcement of coercive measures is approved. Unofficial table of contents

6.

The Committee on the Verification of Credentials, Immunities and Rules of Procedure may, by means of a preliminary ruling, bring about the request of the Bundestag for the suspension of proceedings pursuant to Article 46 (4) of the Basic Law. Unofficial table of contents

7.

In the case of preliminary decisions, the decisions of the committee shall be communicated to the Bundestag in writing by the President without being placed on the agenda. They shall be deemed to be a decision of the German Bundestag if there is no objection to the President in writing within seven days of notification.