■ Immunity

The Constitution of Mongolia (1992, as Amended to 2001) Article 29(2) Immunity of members of the State Great Hural shall be protected by law. 

The State of Israel’s  Basic Law: The Knesset (1958, as Amended to January 2003)Section 17. The members of the Knesset shall have immunity; particulars shall be prescribed by Law. 

Constitution of the Republic of Guatemala (1985, as Amended to 1993)Article 161.Prerogatives of Deputies.Deputies are representatives of the people and dignitaries of the Nation; as a guarantee for theexercise of their functions they will enjoy, from the day they are declared elected, thefollowing prerogatives:a. Personal immunity from arrest or trial if the Supreme Court of Justice does not previouslydeclare that there is probable cause, after examining the report of the investigating judge thatwill be named for this end. The case of flagrante delicto is excepted, for which that deputyshall be immediately placed at the disposition of the Directive Board or the PermanentCommission of the Congress for the purpose of the corresponding initial judgement.

The Constitution of the Republic of Estonia (1992, as Amended to 2005)§ 76A member of the Riigikogu enjoys immunity. Criminal charges may be brought against him or her only on the proposal of the Chancellor of Justice, and with the consent of the majority of the membership of the Riigikogu.

The Constitution of the Kingdom of Thailand (2007)Section 131No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the House of which he is a member is obtained or he is arrested in flagrante delicto.

Constitution of the Republic of Paraguay (1992)Article 191About ImmunitiesNo charges may be pressed in court against a member of Congress for the opinions he may have expressed in discharging his duties. No senator or deputy may be arrested from the day of his election until the end of his term, unless he is caught in flagrante delicto in relation to a crime meriting a prison sentence. In this case, the official intervening in the case will place the legislator under house arrest and will immediately report the arrest to the respective chamber and to a competent judge, to whom he will submit the case files as soon as possible.If a court of law orders a pretrial inquest against a senator or a deputy, the presiding judge will send a copy of the case files to the respective chamber, which will examine the merits of the inquest and, by a two-thirds majority vote, will decide whether the senator or deputy involved should be stripped of his immunity in order to stand trial. If the chamber votes against the legislator, it will suspend his immunity so that he may be brought to trial.

The Constitution of the Islamic Republic of Mauritania (1991, as Amended to 2006)Article 50No member of Parliament may be prosecuted, pursued, arrested, detained or tried because of the opinions or votes voiced by him during the exercise of his functions.No member of Parliament, while Parliament is in session, may be prosecuted or arrested for a criminal or penal matter, except with the authorization of the assembly to which he belongs, unless it is a case of flagrante delicto.No member of Parliament, while Parliament is out of session, may be arrested, except with the authorization of the office of the assembly to which he belongs, unless it is a case of flagrante delicto, authorized prosecution or a judicial sentence.The detention or prosecution of a member of Parliament shall be suspended if the assembly to which he belongs demands it.

The Constitution of the Republic of Finland (2000)Section 30 Parliamentary immunityA Representative shall not be prevented from carrying out his or her duties as a Representative.A Representative shall not be charged in a court of law nor be deprived of liberty owing to opinions expressed by the Representative in Parliament or owing to conduct in the consideration of a matter, unless Parliament has consented to the same by a decision supported by at least five-sixths of the votes cast.If a Representative has been arrested or detained, the Speaker of Parliament shall be immediately notified of this.A Representative shall not be arrested or detained before the commencement of a trial without the consent of Parliament, unless he or she is, for substantial reasons, suspected of having committed a crime for which the minimum punishment is imprisonment for at least six months. 

The Constitution of the Democratic Republic of East Timor (2002)Article 114Immunities of Members of the GovernmentNo member of the Government may be detained or imprisoned without the permission of the National Parliament, except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in flagrante delicto.

The Constitution of the Islamic Republic of Iran (1979, as Amended to 1989)Article 86Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes cast in the course of performing their duties as representatives.

The Political Constitution of the United Mexican States (1917, as Amended to 2007)Article 61Deputies and Senators are inviolable for opinions expressed by them in the discharge of their offices and shall never be called to account for them. The president of each Chamber shall safeguard the respect for the constitutional privileges of their respective members and the inviolability of the site where they gather to session.Article 108. [A]ll persons who hold positions, duties, or commissions of any nature in the Congress of the Union, the Legislative Assembly of the Federal District … shall be liable for the acts or omissions perpetrated in the discharge of their respective functions.

The Constitution of the Republic of South Africa (1996, as Amended to 2007)Article 8 Privilege(1) Cabinet members, Deputy Ministers and members of the National Assembly—(a) have freedom of speech in the Assembly and in its committees, subject to its rules and orders; and(b) are not liable to civil or criminal proceedings, arrest, imprisonment or damages for—(i) anything that they have said in, produced before or submitted to the Assembly or any of its committees; or(ii) anything revealed as a result of anything that they have said in, produced before or submitted to the Assembly or any of its committees.

The Constitution of the Kingdom of Norway (1814, as Amended to 2004)Article 66Representatives on their way to and from the Storting, as well as during their attendance there, shall be exempt from personal arrest, unless they are apprehended in public crimes, nor may they be called to account outside the meetings of the Storting for opinions expressed there. Every representative shall be bound to conform to the rules of procedure therein adopted.The Constitution of the Republic of the Philippines (1986)Article 6, Sec. 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

The Constitution of the Republic of Korea (1948, as Amended to 1987)Article 44(1) During the sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the consent of the National Assembly except in case of flagrante delicto.(2) In case of apprehension or detention of a member of the National Assembly prior to the opening of a session, such member shall be released during the session upon the request of the National Assembly, except in case of flagrante delicto.

The Coordinate Constitution of the Kingdom of Belgium (1994, as Amended to March 26, 2005)Article 59While the Chambers are in session, no member of either Chamber may be committed for trial or arrested in connection with a criminal matter without the authorization of the Chamber to which he/she belongs, except in cases of flagrante delicto.While the Chambers are in session, coercive measures with respect to a criminal matter that require the intervention of a judge may only be ordered by the first President of a court of appeal at the request of the investigating judge, except in cases of flagrante delicto. This decision is communicated to the President of the Chamber concerned.Any search or seizure effected on the basis of the preceding paragraph may only take place in the presence of the President of the Chamber concerned or of a member designated by him/her.While the Chambers are in session, only the officers of the State Prosecution Service and the agents dealing with the matter may initiate criminal proceedings against a member of either Chamber.While the Chambers are in session, the member concerned of either Chamber may, at any stage of the criminal proceedings, request the Chamber to which he/she belongs to suspend the prosecution. The Chamber concerned must make a decision by a two-thirds (2/3) majority of the votes cast.The detention or prosecution before a court or tribunal of a member of either Chamber is suspended during the session if the Chamber of which he/she is a member requires it.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />