Inmunity and Privileged Jurisdiction: Procedural Aspects

Abstract

The inviolability and parliamentary immunity are exceptions provided in the constitution in order to defend parliament against attacks whose objective is to alter the composition of the houses. this work analyzes the legal contours of immunity and, as a consequence of it, the privilege jurisdiction, both from a substantive and procedural level of such mechanism, highlighting its evolution, both in doctrine and in jurisprudence. Along with these notes, the procedural aspects of the privilege jurisdiction are discussed, in the practice followed by the Second Chamber of the Supreme Court, which is in charge of its processing, in accordance with arts. 71 and 102 of the Spanish Constitution. Finally, the work addresses future criminal reforms, particularly the one that affects the Criminal Procedure Law of 2020.