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Article 62: Immunity of Seimas Members

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Constitution Text

“The person of a Member of the Seimas shall be inviolable. The Members of the Seimas may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas. The Members of the Seimas may not be persecuted for their votes or speeches at the Seimas. However, they may be held liable according to the general procedure for personal insult or defamation.”

Summary

The person of a Member of the Seimas is inviolable: without the consent of the Seimas he may not be held criminally liable, detained or otherwise restricted in his liberty. Members may not be persecuted for their votes or speeches at the Seimas, but they answer under the general procedure for personal insult or defamation.

Key Points

  • •The person of a Member of the Seimas is inviolable.
  • •Without the consent of the Seimas, a Member may not be held criminally liable, detained or have his liberty restricted in any other way.
  • •A Member of the Seimas may not be persecuted for his votes or speeches at the Seimas.
  • •For personal insult or defamation a Member of the Seimas may be held liable under the general procedure.

Practical Example

If prosecutors want to bring criminal charges against a Member of the Seimas, they must ask the Seimas for consent to lift his immunity. At the same time, a Member is not liable for an opinion voiced in a Seimas debate, but can be sued for defaming another person like any other citizen.

Exam Tips

The exam checks whose consent is needed to prosecute or detain a Member of the Seimas: the consent of the Seimas. Remember the exception: for personal insult or defamation a Member is liable under the general procedure.

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