How can the Member of Parliament be detained

The RA Law the Rules of Procedure of the National Assembly of the Republic of Armenia provide for the Immunity of the Deputy

Article 9 of the Law provides:

1. When exercising his/her powers and afterwards the Deputy may not be prosecuted or held liable for any action arising from his/her status of a Deputy, including any opinion expressed in the National Assembly, unless it is defamatory or insulting.

2. A Deputy may not be involved as accused or remanded in custody, nor may a question on subjecting him/her to administrative liability through judicial procedure may be initiated without the consent of the National Assembly granted in the manner prescribed by Article 98 of this Law.

3. In the case of arrest of the deputy the Chairperson of the National Assembly is immediately notified.

According to Article 98 of the same law:

1. The motion on giving consent to arresting a deputy, involving him/her as accused, remanding him/her in custody or subjecting him/her to administrative liability by a judicial procedure is submitted by the Prosecutor General to the Chairperson of the National Assembly, who immediately notifies the deputy of this and ensures that the motion is distributed to the Deputies in the building of the National Assembly.

2. The motion is debated by the National Assembly in the manner prescribed by Article 55 of this Law, with the following differences:
a) the Prosecutor General and the Deputy indicated in the motion deliver up to 20-minute speeches and may be asked questions;
b) only Deputies may make speeches at the time of the exchange of opinions;
c) the Deputy indicated in the motion and the Prosecutor General each deliver an up to 20-minute concluding speech.

3. If the Deputy indicated in the motion is not present at the sitting (is not registered in accordance with the established procedure) when the debate on the issue begins and s/he has not notified the Chairperson of the National Assembly of the reason for his/her absence in advance, or s/he has notified the Chairperson of the National Assembly, but the latter has not considered it to be a good reason, then the issue is debated by the National Assembly without the Deputy’s participation.

4. The resolutions of the National Assembly on giving consent to arresting a deputy, involving him/her as accused, remanding him/her in custody or subjecting him/her to administrative liability by a judicial procedure are adopted by secret ballot and by the majority of the number of the voting Deputies if more than half of the total number of the Deputies have voted.

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