Article 35 of the Organic Law of Local People's Congresses and Local People's Governments stipulates that deputies to local people's congresses at or above the county level shall not be arrested or put on criminal trial without the permission of the presidium of the people's congress at the corresponding level, and when the congress is not in session, without the permission of the standing committee of the people's congress at the corresponding level.
If a criminal is detained in flagrante delicto, the public security organ executing the detention shall immediately report to the presidium or the Standing Committee of the people's congress at the corresponding level.
Extended data
The Representative Law stipulates that deputies to people's congresses at or above the county level shall not be arrested or put on criminal trial without the permission of the Standing Committee of the people's congress at the corresponding level when the people's congress is not in session. According to the above provisions, NPC deputies enjoy the "special right of personal protection". There is only protection right in law, and there is no immunity.
In addition, the reason why deputies to the National People's Congress should be given this "privilege" is to ensure that they perform their duties on behalf of the people without interference and retaliation. Therefore, regardless of whether the representative has committed any illegal acts, the judicial organs have no right to arrest and question him without the National People's Congress Standing Committee (NPCSC)'s permission. This shows respect for NPC and its representatives, and also helps to defend the independence of the representatives in performing their duties.
However, as deputies to the National People's Congress, we must clearly realize that the right to protection is not an amulet, but a spell. The law protects people who perform their duties on behalf of others, not those who violate the law and discipline. Deputies to the National People's Congress have never had "criminal immunity", and individuals who judge their own laws will never become indestructible because of "special personal protection".
The only thing that needs to be reminded is that local people's congresses should be cautious when applying to public security organs, and don't delay. Official website National People's Congress Network (NPC) made it clear early in the morning that as long as the judicial organs didn't intentionally obstruct NPC deputies from performing their duties or take revenge, they should give approval in time, so as not to affect the trial of cases.
Baidu Encyclopedia-Organic Law of Local People's Congresses and Local People's Governments at Various Levels
China News Network -NPC representatives have never had "criminal immunity"