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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The 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)

Non-official Table of Contents

BTGO1980Bes

Date of issue: 25.06.1980

Full quote:

" The 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) "

:Last modified by No. 1 decision d. Bundestag in accordance with Bek. v. 15.7.2002 I 3012

For details, see the Notes

Footnote

(+ + + text evidence from: 1.10.1980 + + +)
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(+ + + Text of the See: BTGO 1980 + + +)

This decision is taken over 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 insults (§ § 185, 186, 187a (1), § 188 (1) StGB)
Before an investigation procedure is initiated, the President of the German Bundestag and, if there are no grounds for the truth, the member of the Bundestag shall be notified to the relevant member of the Bundestag; If a notice to the Member of the Bundestag is not received, 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 investigation procedure may not be carried out at the earliest 48 hours after receipt of the notice from the President of the German Bundestag. Parliament will be opened. In 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 approval does not include
a)
the collection of the public lawsuit for a criminal offence and the Application for a criminal order,
b)
in the proceedings under the Law on Administrative Offences, the Court of First Instance's notice that, in fact, it is also due to the fact that the law has been Criminal law can be decided (Section 81 (1) sentence 2 of the OWiG),
c)
Freedom-of-deprivation and freedom-limiting measures in the investigative procedure.
d)
the continuation of an investigative procedure, to which the Bundestag requires the suspension of the investigation pursuant to Article 46 (4) of the Basic Law in the previous parliamentary term
unofficial table of contents

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 of point 2.
The same applies to: 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 to prosecutable proceedings pursuant to Section 90b of the StGB-Unconstitutional denigration of the German Bundestag (Bundestag)-as well as § 194 (4) of the German Criminal Code (StGB-insulting the German Bundestag)-may be granted by way of a preliminary ruling.
At the beginning of an election period, the continuation of a criminal proceedings against a member of the Bundestag shall be granted. If the previous Bundestag has already approved the implementation of this criminal procedure, it may be approved by the preliminary ruling. unofficial table of contents

4. 

Enforcement 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 business process, the Committee on Electoral Examination, Immunity and Rules of Procedure is charged with a preliminary ruling on the authorisation of enforcement, in the case of custodial sentences only, except in cases of a higher order 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 has been 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.