Criminal proceedings may be brought against an assembly member for an offence that is directly related to his or her official position or activity only if authorised by the competent committees of both councils. The standing orders of each council shall designate the competent committee.
If it appears justified given the circumstances of the case, the competent committees may assign the prosecution and adjudication of an offence subject to cantonal jurisdiction to the prosecution authorities of the Confederation.
The United Federal Assembly may appoint a Special Attorney General.
3bis. The presidents of the competent committees may by mutual agreement return to the prosecution authorities applications providing insufficient grounds for lifting immunity so that these can be rectified.1
If an application is clearly untenable, the presidents of the competent committees may by mutual agreement deal directly with the application. They shall inform the committees in advance. If the majority in a committee elects to discuss an application, the application is dealt with according to the standard procedure under Article 17a .2
Footnotes
Inserted by No I of the FA of 15 June 2018, in force since 26 Nov. 2018 (AS 2018 3461;BBl 2017 6797,6865). ↩
Amended by No I of the FA of 15 June 2018, in force since 26 Nov. 2018 (AS 2018 3461;BBl 2017 6797,6865). ↩
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