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Immunity of members of the German Bundestag

The term “immunity” describes the special legal protection against criminal prosecution which is afforded to members of the German Bundestag during their term of office.

Immunity does not rule out criminal proceedings or other coercive measures, but their initiation or imposition requires the authorisation of the Bundestag. The aim is to preserve the Bundestag’s ability to function effectively and protect its members in the performance of their official duties, particularly against politically motivated criminal proceedings.

Restrictions on the personal liberty of a Bundestag member also require prior parliamentary approval.

An exception applies if a member is apprehended while committing an offence or on the following day at the latest, in such cases, further criminal prosecution measures may be taken.

Legal bases

Article 46 (2) to (4) of the Basic Law (GG)
Sections 127 I, 104 I of the Code of Criminal Procedure (StPO)

Last update: 16 October 2026