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  #21  
Old 05-27-2014, 08:34 AM
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Quote:
Originally Posted by espejor View Post
Hello! In Spain the Constitution says that the King can't be judged by his acts. But I don't know if it is referring to political acts or all the acts (for example, if the King murders somebody).

An in your country?

Regards!

Here is a sample of what the constitution says in different European monarchies.


a) Sweden

"
Chapter V, Article 7
The King cannot be prosecuted for his act or omissions. A Regent cannot be prosecuted for his act or omissions as Head of State."


b) Denmark

" Part III, Section 13


The King shall not be answerable for his actions; his person shall be sacrosanct. The Ministers shall be responsible for the conduct of the government; their responsibility shall be determined by Statute."


c) Belgium


"
Chapter III, Section I, Article 88

The King's person is inviolable; his ministers are responsible."


d) Norway

"Sec. A,
§ 5
The King's person is sacred; he cannot be censured or accused. The responsibility rests with his Council.
"
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  #22  
Old 05-27-2014, 08:55 AM
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Muhler, I believe your right; to my understanding it has never happen in Britain that most of the monarchs in Britain have never been impeached by their own Parliment nor Law Courts, though some have come very close to having to Abdicate with the exception of King George whom loved a commoner and stepped down himself, though it could be done in Britain but as I had said before the wheels would have to turn to make it happen.
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  #23  
Old 05-27-2014, 04:57 PM
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I don't think any British monarch has been charged with something that was a typical crime, but there are a good number of British monarchs who were essentially charged, either by the nobility or the people, with violating their coronation oaths or the rules by which they were allowed to govern.

Henry II, John, Henry III, Edward II, Richard II, Henry VI, Edward IV, Richard III, Henry VII, James I, Charles I, and James II all faced serious opposition, often from Parliament or its predecessors, to their reigns because they ruled in a way that was deemed unfit.
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  #24  
Old 05-27-2014, 05:25 PM
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Quote:
Originally Posted by sirericbreheny View Post
Muhler, I believe your right; to my understanding it has never happen in Britain that most of the monarchs in Britain have never been impeached by their own Parliment nor Law Courts, though some have come very close to having to Abdicate with the exception of King George whom loved a commoner and stepped down himself, though it could be done in Britain but as I had said before the wheels would have to turn to make it happen.
The only thing in DK that has come close to anything like this, was in late 1700's when Christian VII was essentially removed at a coup d'etat. Ans his son was made official Regent.
There was of course a considerable justification for doing that, but that's another story.
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  #25  
Old 05-27-2014, 06:58 PM
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What about Netherlands? If King Willem-Alexander did some heinous crime, could he be forced to abdicate and then stand trial? Is Princess Beatrix still immune since she has now abdicated? Just wondering - interesting topic.
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Old 05-27-2014, 08:35 PM
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Interesting question. Looks like from what Mbruno wrote, a Monarch is basically immune from civil or criminal prosecution. Doesn't really say that they can't be investigated. It would depend on what the monarch did. If it was a minor traffic violation or a non-violent offense they committed, they would probably pay a fine and apologize for what they had done. They wouldn't go to jail over it.

If the offense was a non-violent felony (inside trading or using information to benefit themselves), the same thing would happen, pay back the money and apologize to the nation. They wouldn't go to jail for it.

If it involved a violent felony like Murder or causing the death of another person, the public would demand that they be investigated even if it was self-defense. Whether or not it went to court would be a different matter as the Monarch would say that it was self-defense but I imagine people would question this as the Monarch should be protected enough or have good security so that they wouldn't have to resort to deadly force to protect themselves or their families.

I doubt they would use mental health issues as a defense for murder but then again it's quite possible this would be used.

If it was proven to be First Degree Murder, The Monarch would be at the very least forced to step down or if he/she didn't, new laws would be passed forcing them to do so. The Monarch might not keep their throne even if it were self-defense. If the country had a very strong Monarchy, then they might survive not being forced to step down due to self-defense argument. A weak Monarchy probably wouldn't survive such an incident(this would be its demise) and would end up becoming a Republic.

Regardless of whether it was self-defense or not, the Monarch would be protected by his/her family and by the best lawyers in the world, He/She wouldn't go to a traditional jail.
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