The Flagrant Crime and its Impact on the Demise of Parliamentary Immunity: Study in the Kuwaiti Legislation Compared with its Egyptian Counterpart
Dr. Fares Menahi Al-Mutairi
Assit. Prof. – Criminal Law
Dr. Ghazi Obeid Al Ayash
Assit. Prof. – Pubic Law
Department of Law – School of Business Studies
General Authority for Applied Education – Kuwait
Abstract
This study addresses several questions, some of which fall within the scope of constitutional law, while others fall within the scope of procedural criminal law: What is the concept of immunity? What are the various types of immunity? What is the defect of immunity? What are the measures to waive the immunity as stipulated by law? What is the concept of the Flagrant Crime? What are the procedural implications of the Flagrant Crime? What is the impact of that crime on parliamentary immunity? This study adopts the analytical approach in answering the above mentioned questions in the framework of comparison with the Egyptian legislation. This study is the first of its kind in terms of linking the two questions in Kuwait. Therefore, we will divide the study plan into two sections:
The first topic: parliamentary immunity in terms of concept, type and procedures for waiving the immunity.
The second topic: the Flagrant Crime and similar cases and their impact on immunity.