Professional paper
https://doi.org/10.31141/zrpfs/2269
Parliamentary Immunity as an Obstruction of the Rights of the Aggrieved Party in Criminal Proceedings
Ivana Đuras
; Ustavni sud Republike Hrvatske
Abstract
Leading case for this article is a review of the current decision of the Constitutional Court on
the determination of a violation of the right to respect for private life guaranteed by Article 35 of the
Constitution of the Republic of Croatia, the paper has shown the substandard nature of the Criminal
Procedure Code in the part regulating the appeal procedure before a appelate judicial council. Due
to the defendant’s acquisition of parliamentary immunity during the appeal procedure, appelate
judicial council issued a negative verdict and thus limited the right to a court in terms of access to
the court until the decision on the appeal and receiving a response to the aggrieved party’s appeal
allegations for the committed criminal offense of defamation. Author is suggesting de lege ferenda
solution, along with a review of the issue of immunity in legal theory and practice.
Keywords
immunity; right to access to court; criminal procedure; defamation
Hrčak ID:
352092
URI
Publication date:
30.6.2026.
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