Decision Of The German Bundestag On The Waiver Of The Immunity Of Members Of The Bundestag (Plant Of The Rules Of Procedure Of The German Bundestag, Federal Law Gazette 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 on the waiver of the immunity of members of the Bundestag (plant of the rules of procedure of the German Bundestag, Federal Law Gazette I 1980, 1237) BTGO1980Bes Ausfertigung date: 25.06.1980 full quotation: "decision of the German Bundestag on the waiver of the immunity of members of the Bundestag (plant of the rules of procedure of the German Bundestag, Federal Law Gazette I 1980, 1237) of 25 June 1980 (BGBl. I S. 1237, 1264), most recently by number 1 decision d. Bundestag gem. notices of 15 July 2002 (BGBl. I S. 3012) is changed" stand : Last amended by no. 1 decision d. Bundestag 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 +++) this decision is taken over each at the start of a legislature of the Bundestag.
1. the German Bundestag approved until the end of this parliamentary term conducting investigations against members of the Bundestag for offences, unless that's dealing with insults (§§ 185, 186, 187a, paragraph 1, article 188, paragraph 1 StGB) political nature is.
Prior to the initiation of an investigation is the President of the German Bundestag and, to the extent not contrary the 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 German Bundestag, to demand the suspension of the procedure (article 46 paragraph 4 GG), remains unaffected.
The criminal proceedings may be initiated at the earliest in some cases 48 hours after receipt of notice by the President of the German Bundestag. The calculation of the period with not counting Saturdays, Sundays and public holidays. The President of the German Bundestag can extend the period adequately immunity and rules of procedure in agreement with the Chairman of the Committee for verification.
2. This approval is not a) bringing the public action of a criminal offence and the application for a Strafbefehls, b) in proceedings under the law on administrative offences the note of the Court, that the Act because of a criminal act can be decided (article 81, paragraph 1, sentence 2 accordance), c) deprivation of liberty and freedom-restrictive measures in the investigation.
(d) the continuation of an investigation to the Bundestag in the previous parliamentary term, para 4 of the basic law has demanded the suspension of an investigation in accordance with article 46.
3. to simplify the business, verification, immunity and Rules Committee is commissioned to make a preliminary decision on the permit in the cases of paragraph 2 for traffic offences.
The same applies to offences which are to be considered according to the Committee for verification, immunity and rules of procedure as Bagatellangelegenheiten.
The authorization to the prosecution in accordance with § 90b StGB - anti-constitutional disparagement of the German Bundestag -, as well as section 194 para 4 Penal Code - insult of the German Bundestag - may be granted by way of the preliminary decision.
The continuation of criminal proceedings against a member of the Bundestag at the beginning of a parliamentary term is approved against the previous Bundestag has already approved the implementation of this criminal, can be moved by way of the preliminary decision.
4. the enforcement of a custodial sentence or a detention of enforcement (§§ 96, 97 accordance) require the approval of the German Bundestag. To simplify the business verification, immunity and rules of procedure Committee is charged to make a preliminary decision on the approval of the enforcement, when 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.
5. the implementation of an ordered search or seizure against a member of the German Bundestag is approved, the President is responsible to connect the approval, with the stipulation that in the execution of the subpoena another Member of the Bundestag and - if the enforcement in premises of the Bundestag should take place – one additional representative of the President are present; the President in consultation with the Chairman of the Group of the Member of the Bundestag, against the implementation of sanctions is approved names that is a member of the Bundestag.
6. Committee for verification, immunity and the rules of procedure can bring about the desire of the Bundestag on suspension of proceedings in accordance with article 46 by way of the preliminary decision para 4 of the basic law.
7. when preliminary decisions the decisions of the Committee are communicated in writing the Bundestag by the President, without being put on the agenda. They are considered decision of the German Bundestag, if within a period of seven days after notification in writing to the President is appealed.
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