الحصانة البرلمانية وإجراءات رفعها: دراسة مقارنة

الملخص EN

The legislator did not neglect to inform he legisltive authority of the protection that would allow exercising its functions.

the parliamentary immunity is one of the most important guarantees for the members of the parliament to protect them from threats, whether from the authorities or from individuals.

a parliament member will not be able to effectively and truly perform his duties unless there are guarantees that guarantee his freedom, bring him reassurance, and instill in him full confidence.

the parliamentary immunity takes two main aspects, one of them is the objective immunity, which means that a member of the parliament is not permanently responsible, criminally and civilly, for the opinions he expresses related to his work in the parliament, the other is the procedural immunity, which is just a temporary procedural impediment, meaning not to take any procedures, whether criminal or disciplinary, against the member of the parliament, only after obraining a permission from the parliament, only in the case of flagrante delicto.

regarding the procedures of the revocation of the immunity of the member of the parliament, the parliament takes the appropriate position either by approving the request or by rejecting it, the discussion of the immunity request is limited to the seriousness of the accusation and away from political purposes.

the decision issued by the cuncil is not considered a presumption of innocence or conviction, and the issuance of the decision has legal consequences.

the research dealt with the parliamentary immunity and the procedures for the revocation of it comparing France, Egypt and Kuwait due to the importance of the comparison.