Request for the waiver of immunity of Gunnar Beck

The European Parliament adopted a decision to waive the immunity of Gunnar Beck (ID, DE).

As a reminder, the Chief Public Prosecutor in Düsseldorf requested the waiver of the immunity of Gunnar Beck, Member of the European Parliament elected in Germany, with a view to initiating preliminary proceedings for theft of low-value property in combination with intentional bodily injury and resistance to law enforcement officials.

On 29 October 2022 in a department store in Neuss (Germany), Gunnar Beck allegedly took some sample of tester products on display for customers to try out, with, allegedly, a view to taking them away without paying for them. A shoplifting offence was reported. Gunnar Beck allegedly tried to leave the premises and the store detectives restrained him. Afterwards, law enforcement officials intervened on the scene and, allegedly, Gunnar Beck did not comply with their requests to not resist.

Germany’s guidelines for criminal proceedings and fines governs waivers of the immunity of Members of the European Parliament and states that a Member of the European Parliament from the Federal Republic of Germany should be entitled to the immunity granted to a Member of the German Bundestag.

Parliament stated that the alleged offences do not concern opinions expressed or votes cast in the performance of the duties of a Member of the European Parliament.

Parliament also considered that the alleged offence does not constitute opinions expressed or votes cast in the performance of Gunnar Beck’s duties as a Member of the European Parliament.

In this case, Parliament has found no evidence of fumus persecutionis, which is to say factual elements which indicate that the intention underlying the legal proceeding may be to damage a Member’s political activity and thus the European Parliament.

Therefore, following the recommendation of its Legal Affairs Committee, the European Parliament has decided to waive the immunity of Gunnar Beck.