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Violation Of Parliamentary Immunity

ARTICLE 145.

ACTS PUNISHABLE:
1. By using force, intimidation, threats, or fraud to prevent any member of Congress
   from attending the meeting of the assembly or any of its committees, constitutional
   commissions or committees or divisions thereof, or from expressing his opinions or
   casting his vote.

   ELEMENTS:
    1. Offender uses force, intimidation, threat or fraud
    2. Purpose is to prevent any member of Congress from:
        a. Attending the said meetings;
        b. Expressing his opinions; or
        c. Casting his vote.

2. By arresting or searching any member thereof while Congress is in a regular or
   special session, except in case such member has committed a crime punishable
   under the code by a penalty higher than prision mayor.

   ELEMENTS:
    1. Offender is a public officer or employee;
    2. He arrests or searches any member of Congress
    3. Congress, at the time of arrest or search is in regular or special session
    4. member arrested o searched hasn’t committed a crime by a penalty prision mayor or higher.

NOTES:

Parliamentary immunity does not mean exemption from criminal liability, except
from a crime that may arise from any speech that the member of Congress may deliver on
the floor during regular or special session.

To be consistent with the 1987 Constitution, the phrase “by a penalty higher than prision
mayor” in Art. 145 should be amended to read “by the penalty of prision mayor or higher.”

Parliamentary immunity does not protect members of Congress from responsibility
before Congress itself.

1987 Constitution:
Members of Congress not liable for offenses punishable by a penalty less than
prision mayor (6 yrs and 1 day to 12 yrs), while Congress is in session.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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