Absolute immunity

Updated on Oct 03, 2024

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Absolute immunity is a form of legal immunity for government officials that confers total immunity from criminal prosecution and lawsuits so long as they are acting within the scope of their duties. Absolute immunity contrasts with qualified immunity, which only applies if specified conditions are met.

In common law jurisdictions, absolute civil immunity applies in the following circumstances:

lawmakers engaged in the legislative process;

judges acting in their judicial capacity;

government prosecutors while making charging decisions (although prosecutors are only entitled to qualified immunity if they are acting outside of their function as a prosecutor);

witnesses while testifying in court (although the witness may be prosecuted for perjury if the testimony is deliberately false);

lawyers in certain circumstances related to fraud

References

Absolute immunity Wikipedia

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