Romanian Draft Constitution: MPs May Be Detained Without Parliament Permission

According to the draft, sent Wednesday by President Basescu to the Legislative Council for a standpoint, the article on parliamentary immunity says „lawmakers may not be held legally accountable for their votes or political opinions expressed during their term.”

„The investigation, search, detainment, arrest or criminal indictment of lawmakers, for acts unrelated to their votes or political opinions expressed during their term, may be carried out only by the Prosecutor’s Office attached to the High Court of Cassation and Justice. The cases shall be heard by the High Court of Cassation and Justice,” says the same article.

The current Constitution says deputies and senators may be investigated and indicted for acts to their votes or political opinions, but may not be searched, detained or arrested without the consent of the parliamentary house to which they belong. An exception is made if they are caught red-handed, but the Minister of Justice is required to inform the speaker of the house immediately. If the house finds no grounds for detainment, it can immediately reverse the decision.