State privileges and immunities

Republic of Moldova

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 5. Application of Criminal Procedural Law to Foreign and Stateless Citizens

(2) Criminal proceedings involving persons availing themselves of diplomatic immunity shall be applied in line with the Vienna Convention on Diplomatic Relations dated April 18, 1961, the Vienna Convention on Consular Relations dated April 24, 1963 and with other international treaties to which the Republic of Moldova is a party.

Article 129. Procedure for Searches or Seizures on the Premises of Diplomatic Missions
(1) A search or seizure on the premises of diplomatic missions including the premises where the diplomatic mission members and their families live may be performed only at the request or consent of the foreign state as expressed by the chief of the diplomatic mission. Consent for a search or seizure shall be requested by the Ministry of External Affairs and European Integration of the Republic of Moldova.

(3) A search for or seizure of objects and documents on the premises of diplomatic missions shall be performed in line with the provisions of this Code.

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.