Brazil[edit]
The 1988 Brazilian constitution grants parliamentary immunity to members of both the Chamber of Deputies and the Senate. Unlike other countries, Brazilian parliamentary immunity is also extended to crimes committed outside a parliamentarian's official duties (murder, theft, etc.). This does not apply for crimes committed before the member of parliament takes office. Members of parliament can be arrested only for crimes if caught at the time of the criminal act in flagrante for a crime with no possibility of bail. These arrests can be overruled by a floor vote of the particular parliament chamber that parliamentarian belongs to.[3][4]
Criminal proceedings may be suspended for crimes committed only after a parliamentarian begins his term of office, and requests for suspensions need to be approved by majority of members of Parliament. Members of the National Congress as well as other high level politicians are prosecuted and judged exclusively by the Supreme Court, as opposed to the lower courts.[5]
As of 2007, no Brazilian politician has ever been convicted by the Supreme Federal Tribunal of any crime since parliamentary immunity was instituted in 1988.[6]
After the Mensalão scandal in 2005, the Supreme Federal Tribunal surprised many when, on August 24, 2007, it accepted the indictments of 40 individuals, most of which are former or current federal deputies, all of which were allies of Brazilian president Luiz Inácio Lula da Silva.[7]
Germany[edit]
Article 46 of Germany's Constitution states: "At no time may a Member be subjected to court proceedings or disciplinary action or otherwise called to account outside the Bundestag for a vote cast or for any speech or debate in the Bundestag or in any of its committees," with exceptions made for "defamatory insults."
It also states that "a Member may not be called to account or arrested for a punishable offence without permission of the Bundestag unless he is apprehended while committing the offence or in the course of the following day."
Furthermore, the Bundestag may also order that a detainment or prosecution of a member be suspended.[8]
The states of Germany also have similar procedures for their legislative bodies.
Greece[edit]
Members of the Hellenic Parliament are immune from criminal prosecution, arrest or detention while in office,[9] with the exception of crimes committed in flagrante delicto.[10] They are also immune from having to provide any information to any authority regarding their legislative functions and deliberations.[9] However, both the Constitution and the Standing Orders allow for the Public Prosecutor's Office to request from Parliament to lift an MP's immunity for a particular crime, with MPs deciding through open balloting.[11] Alleged crimes committed by members of the Cabinet (including non-MPs) or the President of the Republic are first investigated by an ad hoc parliamentary committee, with MPs then voting on the committee's recommendations. Should parliament determine that there is sufficient evidence for prosecution, an ad hoc Special Court is set up.[12]
Italy[edit]
Parliamentary immunity in Italy was re-instated in 1948 by the Constituent Assembly, to prevent cases such as "Francesco Saverio Nitti, whose house was searched and ransacked by the fascist police in the fall of 1923; Giacomo Matteotti, murdered by fascists June 10, 1924 for his work as a deputy of opposition; Giovanni Amendola, beaten in Montecatini in 1925 and died in Cannes in April 1926; Antonio Gramsci, whose parliamentary mandate was revoked on Nov. 9, 1926 and who was tried in 1928 by a special court for his activities as a Member of Parliament and as a political opponent. The same court had him imprisoned and his correspondence was seized".[13]
Immunity was limited in 1993, but abuse continues by means of denying authorizations to certain judiciary acts, like wiretapping;[14] therefore, in the final judgment, the Constitutional Court often overturns the decisions of Parliament to protect its members, authorising the activities of the judiciary.[15]
In Spain, parliamentarians in the national Congress of Deputies and senators as well as legislators serving in regional administrations and certain members of the Spanish royal family are afforded 'Aforos', thus becoming 'aforados' (lit. 'afforded ones') and enjoy privileges granted in the Constitution of Spain. These self-regulatory organizations' membership privileges are reflected in the following parliamentary prerogatives:
Currently, there are 10,000 persons in Spain with parliamentary immunity, and only a fifth of them are politicians.
Turkey[edit]
Between 26 October 1961 and 12 March 1998 Turkish prosecutors made 2,713 requests to suspend the immunity of 1,151 deputies. Only 29 requests were granted. Six of these were the deputies of the Democracy Party arrested in 1994 because of their openly support for the Kurdistan Workers' Party (PKK) and separatist activities like the one as Leyla Zana wore a napkin in the Kurdish colors red, green, yellow.[16]
In connection with the Ergenekon trials (from 2008), some accused have been selected as parliamentary candidates specifically to give them legal protection via parliamentary immunity.
On 20 May 2016, an amendment to the Constitution has been passed by the Parliament, removing parliamentary immunity. Due to surpassing the two-thirds majority threshold, the amendment was able to pass without a constitutional referendum.[17] In November of the same year, nine members of parliament of the Peoples Democratic Party (HDP) were arrested.[18] On the 4 June 2020 another three Turkish MPs were dismissed from parliament and arrested, two from the HDP and one from the Republican People's Party (CHP).[19]
Ukraine[edit]
Article 80 of the Ukrainian Constitution states that parliamentary immunity is guaranteed to the peoples' deputies of Ukraine. The peoples' deputies of Ukraine do not have legal responsibility for their votes and opinions in parliament and its appendent bodies, except for responsibility for insult or defamation.[20]