Immunität

Immunity, particularly exemption from criminal and other prosecution granted to members of legislative bodies ( Nationalrat, Bundesrat, and Landtage). Abgeordnete deputies enjoy immunity with regard to votes taken in their official capacity; they are only responsible to Parliament in case of libel or slander committed in the course of their official activity (professional immunity). They may only be prosecuted for punishable offences in law courts and administrative courts with the approval of the legislative body concerned or if the alleged offence is obviously not related to the member´s political activity. They can be arrested without authorization of the Nationalrat if they are caught flagrante delicto (extra-professional immunity). Deputies enjoy immunity as long as they hold office. The Federal Constitution also provides that deputies are immune from (criminal, administrative, disciplinary and civil) liability with regard to truthful reports on public sessions of the Nationalrat and its committees (substantive immunity). The Federal President and foreign diplomats enjoy more extensive immunity.

Literature: R. Walter and H. Mayer, Grundriß des österreichischen Bundesverfassungsrechts, ⁷1992.