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Article 100: Immunity of Government Members

Chapter VIIMedium

Constitution Text

“The Prime Minister and Ministers may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the prior consent of the Seimas or, in the period between the sessions of the Seimas, without the prior consent of the President of the Republic.”

Summary

This article establishes the immunity of the Prime Minister and Ministers. They may not be held criminally liable, detained or otherwise have their liberty restricted without the prior consent of the Seimas. Between Seimas sessions, this consent is given by the President.

Key Points

  • •The Prime Minister and Ministers may not be held criminally liable without the prior consent of the Seimas.
  • •Without Seimas consent they may not be detained or otherwise have their liberty restricted.
  • •Between Seimas sessions the consent is given by the President.
  • •The consent must be given in advance.

Practical Example

If prosecutors want to open criminal proceedings against a sitting Minister, they first apply to the Seimas (or, between sessions, to the President) for consent.

Exam Tips

Questions ask whose consent is needed to prosecute a Minister: the Seimas, or the President between sessions.

Test Your Knowledge

Practice with questions about this article