Obligations arising out of State or diplomatic immunity

Republic of Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 10. Immunity from Criminal Proceedings
Immunity from criminal proceedings completely or partially frees a person from participation in criminal proceedings, as well as from the provision of evidence and the issuance of documents and objects, and prohibits or restricts the right to perform the criminal prosecution of such person and to apply security measures against such person, as well as the right to enter and perform investigative actions on the premises in the possession of such person.

Section 116. Grounds for Immunity from Criminal Proceedings

(1) The grounds for immunity from criminal proceedings are the special legal status of a person, information or a place specified in the Constitution, this Law, other laws and international treaties, which guarantees the rights for a person to completely or partially not fulfil a criminal procedural duty, or that restricts the rights to perform specific investigative actions.

Section 897. Frameworks of Criminal-legal Co-operation

(2) The immunity of a person provided for in Latvian laws or in international laws and regulations, or the special procedural provisions that it is possible to connect with the position to be held by a person subject to an investigation, may not be an impediment to the jurisdiction over such person implemented by an international court.

Rome Statute

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.