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Parliamentary Immunity and Complaint: What Still Applies Even if Withdrawn

Published January 8, 2026, 12:21
Parliamentary Immunity and Complaint: What Still Applies Even if Withdrawn

Lawyer Thanasis Athanasiou analyzed the constitutional framework regarding parliamentary immunity, following the case involving MP Nikos Sykas. He explained that an MP cannot be prosecuted while holding their seat, except in cases of arrest in flagrante delicto for offenses punishable by more than five years in prison. Lifting immunity requires a court decision, following an application by the Attorney General to the Supreme Court, which examines whether the lifting serves the public interest. This process has been applied only four times in Cyprus since the founding of the Republic. Even if the MP does not object, the Supreme Court must consider the application. If approved, the authorities can proceed with a full investigation. The withdrawal of a complaint does not affect the process, as Cyprus has ratified the Istanbul Convention on the prevention and combating of violence against women. Mr. Athanasiou emphasized that the lifting of immunity does not depend on the will of the MP, but is a judicial act. Preventing such incidents is achieved through preventive measures and the imposition of penalties.