PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 84
Dismissal of Criminal Report
2.3. the period of statutory limitation for criminal prosecution has expired or the criminal
offense is covered by an amnesty, pardon, or the case has been adjudicated by a final
decision, or there are other circumstances that preclude prosecution ;
2.4. the suspect is protected by immunity and a waiver is not possible or not granted
by the appropriate authority
PART THREE ADMINISTRATION OF PROCEDURE
CHAPTER XXIX OTHER PROVISIONS
Article 492
Immunity under International Law
1. The rules of international law apply for exclusion from criminal prosecution of foreign persons,
who enjoy immunity.
2. If there is a doubt as to the immunity enjoyed by a person, based on paragraph 1 of the
present Article, the body that conducts the procedure addresses the issue to the Ministry of
Foreign Affairs for clarification.
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.