SMI, two drafts for immunity

The planners of these amends ask for the immunity removal Constitutional article to state: “the MP has no penal, civil or any other kind of legal responsibility for the opinions he has expressed and the votes used in Parliament for his duties as MP. This disposition does not apply for slander.

As for the immunity of judges, SMI proposes that the Supreme Court Judge can be prosecuted according to the procedures provided by the law, while other judges can be prosecuted according to the rules provided by the law.

Besides the Constitutional amends for the immunity of high rank officials, SMI has submitted a special draft-law in which they demand some changes in the Penal Procedure Code, for the articles that are related with the cases when an MP is under investigation and then is arrested.

“SMI proposes for articles 1, 2 and 3: penal prosecution is the phase of penal proceedings that are held against the defendant from the moments when charges are pressed and until the final verdict has been issued. The arrest measure can be given against MPs, members of the Council of Ministers, Constitutional Officials who do not enjoy immunity to arrest, only when the other security measures are not considered as valid. This measure does not apply for the President, the MPs and the Prime Minister. As for the other officials, the Ministers and the other officials of Constitutional institutions appointed by the Parliament, this measure is taken during the penal prosecution procedure and for charges that are related to his duty”.

As for the fourth article of this draft-law, SMI demands these requests: for the people who enjoy immunity, according to the Constitution, the Prosecution is allowed to conduct preliminary investigations according to the criteria of this code. The investigations must be held according the confidentiality principle. The Prosecutor is legally responsible for violating this principle.

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