How does the parliamentary immunity put forward by MP Emanuele Pozzolo work?

We are once again talking about parliamentary immunity for incumbent MPs and senators, after Emanuele Pozzolo, deputy of the Brothers of Italy, invoked this constitutional guarantee after what happened at a New Year’s party in Rosazza in the Biella region: his gun was seized by a man from the escort of the undersecretary of justice Andrea Delmastro He injured his son-in-law. The Biella prosecutor’s office opened an investigation file against the MP: even if Pozzolo claimed that he was not the one who shot, the shot was made from his gun, a mini-gun worth about 400 euros, and therefore the prosecutor’s move was a necessary action to be in a position to carry out all the necessary investigations. Unintentional injuries, dangerous firing and explosions, and not possessing weapons are types of crimes.

Pozzolo and MP immunity for stab test

According to the information that has emerged so far, the MP from Giorgia Meloni’s party was initially going to apply for parliamentary immunity by refusing to undergo a sting test, including his clothes, to check whether there were traces of gunpowder on him. The morning after the party (January 1), Emanuele Pozzolo agreed to have both his hands and clothes stub tested, but invoked his parliamentary immunity against having the clothes confiscated. Investigators are confident that the passage of hours has not compromised the reliability of the test.

Article 68 of the Constitution

What does the immunity requested by Pozzolo consist of? What does this mean in practical terms and how is it delivered? The second paragraph of Article 68 of the Constitution states: “No member of parliament may be subjected to a personal or home search, arrested, deprived of his personal liberty or detained without the permission of the Parliament to which he belongs. In the event of execution or execution of an irrevocable sentence of conviction or compulsory arrest in flagrante delicto.” “If he is caught committing a prescribed crime, he is in detention.” He stated that “a similar power is necessary – as we read in the third and last paragraph of Article 68 – to subject members of Parliament to the interception of any conversations or communications and to the seizure of correspondence.”

This means that in order to conduct an investigation or review of a member of Parliament, the judicial authority must request a specific “permission to proceed” from the House or Senate. This is the so-called “immunity”: it applies only while the parliamentarian is in office and can also relate to actions taken by the politician outside the performance of his duties.

There is a strict procedure for requesting authorization to proceed. The competent prosecutor’s office forwards the request to Parliament, which is then examined by a designated body, which varies depending on the Chamber to which the minister or MP belongs. In the Senate, this body is called the council on elections and parliamentary immunities, while in the Assembly, the Parliamentary body to which Pozzolo belongs, it is called the authorization council. Reports are presented to the council, then reviewed and voted on by members.

The request finally reaches the parliament, which is responsible for the final decision: there it is voted on by parliamentarians who can accept or reject the request. The Council is also authorized to examine issues related to the non-questionability of the opinions expressed and votes cast by MPs and the authorization of ministers to initiate criminal proceedings for crimes committed in the performance of their duties. This happens if ministers are also MPs; If they are not parliamentarians or senators, the power lies with the Senate.

After the amendment to Article 68 of the Constitution adopted in 1993, the judiciary is no longer required to obtain permission from the Chamber before conducting an investigation against a member of parliament; An investigation is required only if the MP is arrested or detained. Other limitations on personal freedom.

Source: Today IT