Suggested solution to case 31 –

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50 Cases for exam preparation


The police officers may arrest Ruepel, if no special right as a Member of Parliament is contrary. Such a right could be the immunity of article 46 II GG. It protects in principle Member of Parliament Ruepel from prosecution. But the immunity does not protect in case of surprising in the act and this is given here. Therefore, the police officers can arrest Ruepel. Fischix was offended by Ruepel. He can proceed against Ruepel if he as a Member of Parliament is not protected through special rights. Such a right could be indemnity from article 46 I GG. This freedom of speech and vote however is limited only to statements in parliament or in the committees. The statements made in the fish store are not protected by indemnity.

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