The Riigikogu supported the Proposal No 14 of the Chancellor of Justice concerning the immunity procedure of a member of the Riigikogu with 72 votes in favour. The objective of the proposal is to bring clauses 377(1), (3), (5) and (6) of the Code of Criminal Procedure into conformity with the Constitution.
The Chancellor of Justice Indrek Teder said that the legal clauses referred to in the proposal were in conflict with the Constitution because legal acts cannot be used to set tasks for the Chancellor of Justice that the Constitution has set for the Riigikogu or that are in conflict with the fundamental principle of the Chancellor of Justice being an independent institution that balances state powers. The criminal procedural immunity and inviolability of members of the Riigikogu must be defined in the law in a way that does not make the constitutional guarantee purely formal in content. Stripping a member of the Riigikogu of their criminal procedural immunity involves waiving their immunity and permitting procedural acts that intensely infringe their personal freedom, such as authorising a search. Removal of a guarantee that temporarily hinders the carrying out of a criminal procedure is the constitutional task of the Riigikogu. Teder emphasised that the task of the Chancellor of Justice is to raise the issue on the bases and conditions set out in the law in front of the Riigikogu, or to refuse to make the proposal to the Riigikogu, when necessary.
The Vice-Chairman of the Constitutional Committee Deniss Boroditš and the Vice-Chairman of the Legal Affairs Committee Kalle Laanet presented their reports and explained the positions of their Committees. The Constitutional as well as the Legal Affairs Committee supported the proposal of the Chancellor of Justice.
Andres Anvelt, Väino Linde and Marko Pomerants, who spoke during the discussion, also supported the proposal of the Chancellor of Justice.
The Constitutional Committee was given the task of initiating the relevant legal amendment.
The Riigikogu Press Service
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