1)    Let us suppose a member of the Bundestag ends up under the suspicion that he has committed a criminal offense. When, in which stadium of the investigation, will the prosecution require his immunity to be waived?

According to the German Basic Law, a prosecutor may not even start his investigations against an MP without the consent of Bundestag. We evade this strict rule, though. Every Bundestag in its first session after the elections officially renounces its right and allows for overall blanket investigations against its members by police and prosecutors. All the investigators have to do is to inform the Bundestag about the fact that they are investigating. Unless the Bundestag raises its concern within 48 hours, they may carry in with their job.

2)    Does that mean the immunity committee will meet within 48 hours in every case?

No. The chairman will have a look at the information and decide whether he calls for a meeting.

3)    What kind, and how detailed, will the documents required by the immunity committee from the prosecutor have to be?

We receive a short paper of two or three pages, no files. That is enough. We have a very reliable judiciary.

4)    Will immunity in a certain case be waived once for all, or will Bundestag keep concerned with the matter, i.e. follow possible further steps like an arrest warrant? How precisely will the Bundestag follow the investigative procedure?

The blanket authorisation we give is only for investigation. An arrest warrant, a search of house or office facilities, an indictment  – all this would require the explicit consent of Bundestag in every single case.

5)    Immunity was originally meant to protect parliamentarians from the capriciousness of the executive power. Does that still make sense? Is there a debate in Germany on immunity?

I wouldn’t say so, as in Germany, immunity is handled in a very reasonable way – as opposed to some other countries, like Italy, where politicians even strive for a mandate in order not to be subject to criminal procedures.

6)    In the UK, an MP may even be arrested while in the Houses of Parliament. Would that also be possible in Germany?

In an extreme case it would, yes. Let’s say if someone kills somebody, and he can be arrested on the spot. But this has never happened.

7)    What, if any, would be typical cases for an immunity to be waived? Corruption, bribery? Or rather car accidents?

It’s mainly petty issues, and in most cases there is even no sentence in the end. Car accidents would be more probable. Corruption and bribery is extremely rare.

8)    Are immunity decisions usually unanimous?

The decisions are mostly unanimous. We had a case recently in which it was different. It concerned the Left Party. A deputy was under investigation because of obstructing a police officer in the course of his duty. This is a misdemeanour close to political action, but is still an offense.

9)    Will the fellow party members of the accused be inclined to refuse their consent?

No. Usually, politicians resign even before an indictment is raised. The most spectacular we ever had was the one of the former Federal President Christian Wulff. As soon as the prosecutor only threatened to ask for lifting of his immunity, he stepped down.

10)    Has the Bundestag ever refused to waive someone’s immunity?

There were two or three cases since 1949, all of them petty ones. In one case, the Bundestag has reinstituted the immunity of a parliamentarian.