Parliamentary immunity did not prevent Foldyna from being ordered to leave home. Police also confiscated his weapons
Police ordered SPD MP Jaroslav Foldyna to leave his home in Děčín on suspicion of domestic violence. Parliamentary immunity did not protect him at this stage.
Parliamentary immunity did not prevent Foldyna from being ordered to leave home. Police also confiscated his weapons
Police ordered SPD MP Jaroslav Foldyna to leave his home in Děčín on suspicion of assaulting his wife. This occurred despite Foldyna holding parliamentary immunity. Police do not require immunity in the case of ordering someone to leave their home, according to lawyer Ondřej Preuss from Charles University, who explained this to the website Novinky.cz.
Immunity protects legislators from politically motivated pressure by the executive. "The purpose of immunity is not to protect individual MPs in the sense that they would have the ability to do whatever they want. It is not intended to privilege MPs," said Preuss. If police wanted to prosecute Foldyna, they would have to obtain the consent of the Chamber of Deputies. Until then, the authorities may not prosecute or detain him, with the exception of cases of detention directly during the act or immediately after it.
Foldyna confirmed the order to leave home, but maintains his innocence. According to information from iRozhlas, police officers confiscated several firearms from him. He refused to comment on details of the case. His wife stated that she has a ban from police and cannot comment on the matter. The district state prosecutor in Děčín, Lukáš Otipka, stated that they would issue a press release during the course of Thursday.
An amendment to the Civil Code, which came into force last July, extended the period for ordering someone to leave home from ten to fourteen days. Throughout this period, the person ordered to leave must not contact the victim or approach them. Breaching the prohibition constitutes the criminal offence of obstructing the performance of an official decision, for which a sentence of up to two years imprisonment is threatened.
Source: Novinky.cz
Source: Novinky.cz