Commentaries: Art. 20

Criminal proceedings against an assembly member in respect of a felony or misdemeanour that is not connected with his or her official position or activities may only be initiated during a session with the written consent of the member or with the authorisation of the competent committee of the council to which the member belongs. The standing orders of each council shall designate the competent committee.¹
The foregoing does not apply to a precautionary arrest due to a risk of absconding or where the member is caught in the act of committing a felony. The authority ordering the arrest must apply within 24 hours directly to the competent committee of the council to which the arrested member belongs for its consent, unless the person concerned has given his or her own consent to being arrested.²
If criminal proceedings in respect of the offences named in paragraphs 1 and 2 have already been commenced against an assembly member at the start of a session, the member has the right to request a decision by the competent committee of the council to which he or she belongs on the continuation of any detention that has already been ordered and on any summons to attend court hearings. The submission of such a request has no suspensive effect on orders already made.³
The right to attend a session may not be invoked against a legally enforceable judgment that imposes a custodial sentence the execution of which has been ordered prior to start of the session.

Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627;BBl 2010 7345,7385). ↩
Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627;BBl 2010 7345,7385). ↩
Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627;BBl 2010 7345,7385). ↩

Art. 20