PARLIAMENTARY IMMUNITY IN PENAL LAW

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HABIBZADEH M.J.; MOUSAVI MOJAB S.D.

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Journal: MODARRES HUMAN SCIENCES Year:2003 | Volume:7 | Issue:4(Tome 31) Page(s): 47-100

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Information Journal Paper

Title

PARLIAMENTARY IMMUNITY IN PENAL LAW

Author(s)

HABIBZADEH M.J. | MOUSAVI MOJAB S.D. | Issue Writer Certificate

Keywords

PARLIAMENTARY IMMUNITYQ4

CONSTIUTIONS OR ORDINARY LAWSQ4

GOOD SERVICE THEORYQ4

REPRESENTATIVESQ4

PRESTIGE OF LEGAL PERSONALITYQ4

DOCTRINE OF NECESSITYQ4

PRINCIPLE OF NON-LIABILITYQ4

PRINCIPLE OF INVIOLABILITY.Q4

Abstract

The necessity to protect to parliament and its members led to determine and assure a particular privilege named PARLIAMENTARY IMMUNITY in the Constitutions or ordinary laws of majority of the countries. This legal institution has been predicted to provide freedom of speech and to maintain the independence of REPRESENTATIVES (members of parliament) in order to do their duty farorably. To define and justify the necessity of it, different theories Iike "good service theory" and "the prestige of REPRESENTATIVES legal personality" have been introduced. In this regard, "Doctrine of Necessity" is presented as the most important theoretical basis. The legal supports which observe the PARLIAMENTARY IMMUNITY, can be generally studied in two categories with distinct descriptions and effects. First, it demonstrates the benefits and utilization of immunity by the representatives for their statements, opinions, and the cast of votes in order to do their duty as repres entative, which idiomatically is called "the principle of non-liability". Second, it supports the members of parliament against legal proceedings, arrest, imprisonment and the rest judicial measures, except by the permission and allowance of the respective parliament, because of irrelevant exercises and non - parliamentary duties and prevents the possibility of immediate prosecution of MPs because of the attributed crimes. This kind of immunity which is practically is the logical consiquence of the non-liability principle of REPRESENTATIVES before their parliamentary duties, is named "the PRINCIPLE OF INVIOLABILITY.. The stand of every country of the world in relation to the various forms of PARLIAMENTARY IMMUNITY is a little bit different. In some countries, one of these two forms and in others, both of them are accepted to guarantee the whole immunity of MPs. Respectively, the first approach is called solo and the second one is called integrative. In Iran, the first approach depended on the non-liability of REPRESENTATIVES because of their statements has been accepted in Art: 86 of the Constitution. The accuracy of this acceptance is approvable from the dynamic Fiqhs point of view and the expediencies and existing necessities require to go along with the rest of countries which accepted the principle of PARLIAMENTARY IMMUNITY.

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APA: Copy

HABIBZADEH, M.J., & MOUSAVI MOJAB, S.D.. (2003). PARLIAMENTARY IMMUNITY IN PENAL LAW. MODARRES HUMAN SCIENCES, 7(4(Tome 31)), 47-100. SID. https://sid.ir/paper/6968/en

Vancouver: Copy

HABIBZADEH M.J., MOUSAVI MOJAB S.D.. PARLIAMENTARY IMMUNITY IN PENAL LAW. MODARRES HUMAN SCIENCES[Internet]. 2003;7(4(Tome 31)):47-100. Available from: https://sid.ir/paper/6968/en

IEEE: Copy

M.J. HABIBZADEH, and S.D. MOUSAVI MOJAB, “PARLIAMENTARY IMMUNITY IN PENAL LAW,” MODARRES HUMAN SCIENCES, vol. 7, no. 4(Tome 31), pp. 47–100, 2003, [Online]. Available: https://sid.ir/paper/6968/en

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