Article 86 and parliamentary immunity

According to article 86 of the Constitution, the prosecution of ministers (and former ministers) for offenses committed during the exercise of their duties, is carried out by the Parliament. Because she acts as a prosecuting attorney. On her own initiative and responsibility. With the request of 30 MPs and at least 151 positive votes. The judiciary cannot take any initiative, nor request the lifting of parliamentary immunity. In fact, if the Parliament prosecutes, its decision also acts as a lifting of immunity, in case the minister also has parliamentary status (article 6 par. 3 of Law 3126/2003). On the contrary, if it is a question that does not concern the ministerial duties, then the judiciary acts on its own initiative and requests the lifting of the immunity from the Parliament.

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#Article #parliamentary #immunity
2024-04-06 16:59:29

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