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
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