When the accusation of rape of a woman comes to the agenda, the fez prepared for Tuma Çelik, who resigned from his party, comes to the agenda of the mixed commission.
The mixed commission, consisting of constitutional and justice commissions, will meet on Wednesday. Agenda, a crescent about Steel.
Çelik, whose immunity was demanded to be lifted in order to prosecute his allegations, before the HDPHe resigned from.
WHAT WILL HAPPEN AFTER?
The process will continue in accordance with Constitution 83 and Rule 131 and 132.
Article 83 of the Constitution regulates that if an MP is alleged to commit a crime before or after the election, it will not be questioned, arrested and prosecuted unless there is a decision of the Assembly. However, the same article excludes the crime requiring heavy punishment and the crimes listed in article 14 of the Constitution from this provision.
When there is an accusation against a deputy, the prepared prepared by the prosecutor’s office is sent to the Parliament from the Ministry of Justice and the Presidency, and referred to the mixed commission by the Parliament’s Presidency.
More than 1000 people are waiting to be discussed in the mixed commission.
If a decision is made in the mixed commission, some of the court names selected from these chapters can be discussed and resolved. Rule 131 and 132 regulate the process.
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COMMISSION BY COURSE
Accordingly, the mixed commission, which will meet on Wednesday, will establish a preparatory commission consisting of five people from each party using the lottery method.
This commission will take the defense of the deputy after examining the documents and allegations. The preparatory commission will complete its work within a month. The mixed commission will decide on this report in a month. The defense of the deputy will be taken in the mixed commission. If a decision is taken to lift immunity, this decision will be discussed and voted at the General Assembly of the Assembly. The absolute majority of the total number of members, that is, 301 votes, will be sufficient to decide on the removal of immunity.
HEAVY PENAL AND ARTICLE 14
However, when the mixed commission evaluates the accusations against a deputy outside the scope of the legislative immunity within the Constitution, it is possible to express a view that a direct trial can be made without the need for lifting the immunity, without the need for the removal of the immunity, which requires heavy punishment. Due to the fact that the crimes against the state and the Constitution are covered by Article 14, direct trials were held against HDP deputies without removing immunity.
If the interpretation of “crime requiring heavy punishment” is interpreted in the steel court, it may be possible to send the court directly to the judiciary with the interpretation that the trial can be held without waiting for the two-month process starting from the preparatory commission.
