State privileges and immunities

Slovak Republic

Slovakia - Constitution 1992 (2017) EN

Article 78
1. A Member of Parliament may not be prosecuted for his voting in the National Council of the Slovak Republic, or its bodies; this applies also after the termination of his mandate.

2. For statements made in the National Council of the Slovak Republic, or its body, while discharging the function of a Member of Parliament, a Member of Parliament may not be criminally prosecuted; this applies also after the termination of his mandate. A Member of Parliament is subject to the disciplinary powers of the National Council of the Slovak Republic.

3. No Member of Parliament shall be taken into custody without the consent of the National Council of the Slovak Republic.

107
The President can be prosecuted only for deliberate violation of the Constitution or high treason. The decision on the indictment against the President is made by the National Council of the Slovak Republic by a three-fifth majority vote of all Members of Parliament. The indictment against the President is filed by the National Council of the Slovak Republic with the Constitutional Court of the Slovak Republic, which decides on the indictment in a plenary meeting. A sentencing decision of the Constitutional Court of the Slovak Republic means the loss of the office of the President and eligibility to run for the office again.

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.

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.