certain cases.194 In Mexico, parliamentary immunity is protected mainly in the Constitution,195 in the Organic Law of the General Congress196 and in the Rules of Procedure of the Senate.197 The Mexican legal system provides for the inviolability of deputies and senators for their opinions in the performance of their duties,198 as well as formal immunity, both in relation to imprisonment and criminal prosecution of parliamentarians.199 Similarly, the Constitution of the Republic of Guatemala enshrines the prerogatives related to parliamentary immunity.200 In Uruguay, parliamentary immunity is regulated in a similar way.201 However, Chile has slightly different regulations regarding formal immunity, since the Court of Appeals is the body in Article 110 of the Constitution of the Republic of Costa Rica establishes that: “A Representative is not liable for any opinions expressed in the Assembly. During legislative sessions, he cannot be arrested on civil grounds, except with the authorization of the Assembly or with his consent. From the time a person is declared elected as Representative or as an alternate Representative, until his legal term in office expires, he may not be deprived of his liberty on criminal grounds, unless he has been previously suspended by the Assembly. Such immunity does not apply in cases of flagrante delicto or when the Representative waives it. Nevertheless, a Representative who has been arrested in flagrante delicto shall be released if the Assembly so orders.” 195 Cf. Constitution of the United Mexican States of February 5, 1917. Available at: http://www.deputies.gob.mx/LawesBiblio/pdf/1_280521.pdf. 196 Cf. Organic Law of the General Congress of the United Mexican States of September 3, 1999. Available at: http://www.deputies.gob.mx/LawesBiblio/pdf/168_080519.pdf. 197 Cf. Rules of Procedure of the Senate of March 5, 2013 Available at: https://www.Senate.gob.mx/comisiones/cogati/docs/RSR.pdf. 198 Article 61 of the Constitution of the United Mexican States establishes: “Article 61. Representatives and senators shall be above criticism related to their opinions in the performance of their duties; they may never be questioned for such opinions. The speaker of each House shall be responsible for enforcing respect to House members’ constitutional immunity and to the inviolability of the place where the House of Representatives meets .” For its part, Article 11(2) of Organic Law of the Congress of the United Mexican States establishes that: “deputies and senators are inviolable on account of the opinions they express in the performance of their duties and may never be challenged or prosecuted for them.” Likewise, Article 6(1) of the Rules of Procedure of the Senate of the Republic of Mexico provides that: "[d]uring the exercise of their office, senators have the immunity established by the Constitution of the United Mexican States and the laws. Said immunity begins once they take the oath indicated in Article 128 of the Constitution and concludes on the last day of their term of office.” 199 Cf. Article 11(3) of the Organic Law of the Congress of the United Mexican States: “deputies and senators are responsible for the crimes they commit during their term of office and for the crimes, misdemeanors or omissions in which they incur in the exercise of the same office, but they may not be detained or prosecuted until the constitutional procedure is followed and a decision is made to remove them from office and subject them to the action of the ordinary courts.” Article 6(2) of the Rules of Procedure of the Senate of the Republic of Mexico provides that "[s]enators are responsible for the crimes they commit during the time they hold office. In order for criminal proceedings to be brought against them, the requirements, formalities and procedures set forth in the Constitution and the applicable regulations must be observed.” In turn, Article 7(1) of the same legal code establishes that “[o]nce the arrest of a senator or any other action by a judicial or administrative authority that hinders or impedes the performance of his office is known, the President shall immediately take the necessary actions to safeguard constitutional immunity.” 200 Article 161 of the Constitution of Guatemala states: “Article 161. Prerogatives of the deputies. The deputies are representatives of the people and dignitaries of the Nation; as a guarantee for the exercise of their functions they will enjoy, from the day they are declared elected, the following prerogatives: a) Personal immunity from arrest or prosecution if the Supreme Court of Justice does not previously declare that there is probable cause, after examining the report of the investigating judge who will be named for this purpose. The case of flagrante delicto is excepted for which the deputy shall be immediately placed at the disposal of the Directive Board or the Permanent Commission of the Congress for the purpose of the corresponding preliminary hearing. b) They may not be held responsible for their opinions, for their initiatives and for the manner of handling public business, in the performance of their duties. […].” Constitution of the Republic of Guatemala of May 31, 1985. Available at: https://www.congreso.gob.gt/assets/uploads/congreso/marco_legal/ab811-cprg.pdf. 201 The Constitution of the Republic of Uruguay establishes that: “Article 112. Senators and Representatives shall never be held liable for the votes they cast or opinions they express in the discharge of their duties. Article 113. No Senator or Representative, from the day of his election until that of his termination, may be arrested except in case of flagrante delicto and then notice shall immediately be given to the respective Chamber, with a summary report of the case. Article 114. No Senator or Representative, from the day of his election until that of his termination, may be indicted on a criminal charge, or even for common offenses which are not specified in Article 93, except before his own Chamber, which, by two-thirds of the votes of its full membership, shall decide whether or not there are grounds for prosecution and if so, shall declare him suspended from office, and he shall be placed at the disposition of a competent Court.” Constitution of the Republic of Uruguay of February 2, 1967 Available at: https://parlament.gub.uy/documentsyLawes/constitucion. 194 -33-

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