Lifting the Parliamentary Immunity of a Member of Parliament in Cases of Flagrant Crime
Description
In its broad sense, the rules of criminal law, whether contained in the Constitution or criminal laws, were established to achieve deterrence. These rules are part of the legal structure that balances public order with the rules regulating the relationship between authorities and rulers. These rules also establish the rights and duties of the governed within the framework of legal protection of individuals' rights from arbitrariness and legislative authorities exceeding the limits of parliamentary immunity.In the same context, contemporary criminal policy has turned to the mechanism of arresting a member of the House of Representatives accused of committing a flagrante delicto because he loses the privilege of procedural immunity as a result of committing the crime. This allows for his immediate removal without the need for permission from the House or its speaker, depending on whether the crime was committed during or outside the legislative term. Thus, this study offers a new perspective that reflects the legal reality of the concept of parliamentary immunity, particularly in terms of its procedural aspects, and the impact of the witnessed crime on the establishment of parliamentary immunity and similar cases.
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