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Indemnity of members of the German Bundestag

The term “indemnity” describes a special legal protection afforded to Bundestag members in the performance of their parliamentary duties. 

Bundestag members may therefore not be subject to criminal proceedings or disciplinary action for votes they cast or statements they make in the Bundestag or a meeting of its parliamentary groups or committees, except in the case of defamatory statements. Such protection is to enable Bundestag members to voice their political views freely and independently without having to fear legal or professional consequences. This protection from punishment continues to apply after the end of their term of office.

The protection afforded by indemnity applies to Bundestag members only. It does not extend to other individuals who speak in the Bundestag or any of its committees, for example members of the Federal Government, unless they do so in their role as Bundestag members.

Statements made by Bundestag members outside the Bundestag are not protected by indemnity. This refers in particular to anything they say during party or election rallies, but also in interviews, talk shows and on official trips, in press, radio and television interviews or meetings with constituents at their constituency offices. In such cases, the organisational framework of parliament does not apply as the Bundestag members are not acting in their capacity as members of parliament. 

Indemnity also does not extend to parliamentary measures for the maintenance of order. If anything a Bundestag member says violates parliamentary order, the President of the German Bundestag may take measures to maintain order in the Bundestag.

Last update: 16 October 2026