• Shortly after his appointment to the Ministry of Solidarity and People with Disabilities, Damien Abad was charged with attempted rape.

    An investigation has been opened on this subject by the Paris prosecutor's office.

  • During the reshuffle, he was not reappointed and therefore regained his seat as deputy.

  • Some believe that thanks to his mandate, he is untouchable.

    But that's not correct.

    Explanations.

Damien Abad was not reappointed to the Ministry of Solidarity and People with Disabilities on July 4, during the reshuffle of the government of Elisabeth Borne.

He therefore regains his seat as deputy since he won the legislative elections in the 5th constituency of Ain.

A status which, according to some, would protect him from all prosecution.

And that would be a problem since the former minister has been the subject since June 29 of an investigation by the Paris prosecutor's office for attempted rape.

The facts of which he is accused date back to a party in 2010.

Damien Abad denied this accusation and denounced "despicable slanders".

But Internet users affirm it: “He will benefit from parliamentary immunity, which protects him against possible coercive measures within the framework of the investigation for attempted rape of which he is the subject.

Others say: “And 5 years of immunity for the former minister.

Is Damien Abad really "untouchable"?

20 Minutes

takes stock.

FAKE OFF

MPs do enjoy parliamentary immunity, but only up to a point.

Article 26 of the Constitution specifies: “No member of Parliament may be prosecuted, investigated, arrested, detained or judged on the occasion of the opinions or votes expressed by him in the exercise of his functions.

A measure which, according to elected officials, ensures freedom of expression.

Also: "No member of Parliament may be the subject, in criminal or correctional matters, of an arrest or any other measure depriving or restricting freedom without the authorization of the Bureau of the assembly to which he belongs. .

This authorization is not required in the event of a flagrant crime or misdemeanor or a final conviction.

And in the event of crimes, flagrant offenses or convictions, the courts can apply restrictive measures.

No “regime of impunity”

The site of the Assembly specifies that requests for authorizations of arrests or other measures of deprivation of liberty can be formulated "by the public prosecutor at the competent court of appeal, transmitted by the Keeper of the Seals to the President of the Assembly national, instructed by a delegation from the Bureau and then examined by the Bureau”.

Thus, an authorization for waiver of immunity may be given in certain cases.

If the competent authority, made up of 22 deputies, can oppose it, it is specified that this only happens very rarely: “He does so only if the request does not present a serious, loyal and sincere character.

The immunity regime is therefore in no way a regime of impunity.

»

In the case of cases of sexual violence, as is the case for Damien Abad, the Assembly had already lifted the parliamentary immunity of Georges Tron in 2011. He had been indicted for rape and sexual assault in a meeting by no one having authority.

The former minister and ex-mayor of Draveil was sentenced to five years in prison, including three firm, in December 2021.

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