Request for waiver of the immunity of Gunnar Beck
TA-9-2024-0224 · P9_TA(2024)0224 · PE758.183
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Parliament decided to waive the immunity of Gunnar Beck, a Member elected in Germany, at the request of the Chief Public Prosecutor in Düsseldorf.¶¶ The request concerns a preliminary investigation into suspected theft of low-value property, intentional bodily injury and resistance to law enforcement officials.¶ Parliament found no evidence of fumus persecutionis, meaning no factual elements indicating the legal proceeding aims to damage a Member's political activity.¶
Key points
- Parliament waives the immunity of Gunnar Beck.¶
- The waiver responds to a request from the Chief Public Prosecutor in Düsseldorf, transmitted by the German Federal Ministry of Justice and Consumer Protection, for a preliminary investigation into suspected criminal offences.¶
- The suspected offences are theft of low-value property in combination with intentional bodily injury and resistance to law enforcement officials under sections 242(1), 248a, 223(1), 230(1) sentence 1, 113(1) and 53 of the German Criminal Code.¶
- The alleged incident occurred on 29 October 2022 in a department store in Neuss, Germany, where Gunnar Beck allegedly took tester products without paying, was restrained by store detectives, and did not comply with law enforcement officials' requests not to resist.¶
- The alleged offences do not concern opinions expressed or votes cast in the performance of a Member's duties within the meaning of Article 8 of Protocol No 7.¶
- Under Article 9 of Protocol No 7, Members enjoy in their own state the immunities accorded to members of their national parliament.¶
- Parliament cannot assume the role of a court, and in a waiver procedure a Member cannot be regarded as a 'defendant'.¶
- The purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings related to activities carried out in the performance of parliamentary duties.¶
- Parliament found no evidence of fumus persecutionis in this case.¶
Who is affected
Figures and deadlines
Legal basis: Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union and Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage.¶