Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Criminal Policy of Dealing with the Crimes of Parliamentarians with an Emphasis on the Role of the Supervisory Board

Document Type : Original Article

Authors
1 PhD Student of Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/jccj.2024.442467.1486
Abstract
Parliamentary immunity can be applied in two ways; Substantive immunity means immunity from prosecution and seizure against the performance of representative duties and immunity from assault means obtaining permission from the parliament to prosecute the representative for crimes unrelated to representative duties. Considering that both of these forms are intended to ensure the safety of the representatives for the proper performance of their duties, it seems that the best solution to guarantee the rights of the members of parliament is to accept parliamentary immunity in both its forms in the law. Crimes committed while performing the duties of a representative are subject to lack of parliamentary responsibility, not parliamentary immunity. Parliamentary immunity only includes misdemeanor and felony crimes. Parliamentary immunity does not apply in illegal matters, because in these matters there is no fear that the representative will be under threat and pressure and therefore, extending parliamentary immunity to illegal crimes is contrary to its philosophy. Examining the Law of the Supervisory Board on the Behavior of the Representatives also shows that there are very good things in this law to systematize the rights and obligations of the representatives, although it also has gaps. One of the important points of this law is determining punishments that do not have a deterrent aspect.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 351-362

  • Receive Date 20 September 2023
  • Revise Date 18 November 2023
  • Accept Date 21 December 2023
  • Publish Date 20 February 2024