State privileges and immunities

Republic of Serbia

Serbia - Criminal Procedure Code 2007 (2012) EN

Article 136
1. No judge of the Constitutional Court shall be criminally prosecuted for his/her decision-making, not even after expiration of his/her office.

2. Should a judge of the Constitutional Court be apprehended while committing a criminal offence and then arrested, the authority concerned shall be obliged to notify the President of the Constitutional Court immediately, and should it be the President of the Constitutional Court him/herself, then the vice-president of the Constitutional Court must be notified. No judge of the Constitutional Court shall be remanded without the consent of the Constitutional Court.

3. The Constitutional Court may consent to the remanding into custody of any judge or the Prosecutor General. The Constitutional Court convenes disciplinary proceedings against the Chief Justice of the Slovak Republic, Deputy Chief Justice of the Slovak Republic or the Prosecutor General.

Rome Statute

Article 27 Irrelevance of official capacity

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.