The Parliamentary Immunity of the Members of Parliament (MPS) of Iran after Revolution (1978)
Hassan Seifi loor, Massod Jadarinegad, Ahmad Azin
This research aims to assess the parliamentary immunity of the representatives of parliament of Iran after revolution (1978). We investigate the causes and factors of this immunity, whether such an immunity weakens the representatives or strengthens them. In fact, the immunity of representatives is the main reason why the members of parliament are not prosecuted due to their beliefs and acts during their delegate tasks. This encourages the representatives to perform their duties because of the fear of the judicial authorities; so the delegate can carry out his tasks correctly such as vote, discussion, reports, researches and defend public rights. It is obvious that the delegate is responsible for whatever he does out of the scope of parliamentary tasks.
After the Islamic revolution victory, at first the parliamentary immunity was stated in the form of principle 71. Through the formulation of this principle, it has been stated that the members of parliament are completely free in their opinions and votes and they cannot be prosecuted because of the comments they state in the parliament or votes they make to play their delegate roles. Of course, if a delegate commits an offense, he/ she will be prosecuted but the parliament should be informed of his/her arrest immediately and the investigation or prosecution should be performed in the presence of the selected representative. If a delegate is charged with a non- evident offense, his detention before conviction at the court is subjected to the deprivation of immunity on behalf of the parliament but his trial is held such that it does not interfere in doing his tasks and there is no need to foreclose the court's final judgment execution.
To solve the above problem, the author stated this following question:
How to specify the immunity of the parliament delegates? In order to answer this, the library and documentary studies related to the parliament were applied as the research method; we found that immunity is an inseparable issue for the members of the parliament.