Immunity

Republic of Serbia

Criminal Procedure Code

Part I
GENERAL PROVISIONS

Chapter XVII
PREJUDICIAL ISSUES AND OTHER PROVISIONS

The international legal immunity
Article 250
(1) The rules of international law shall apply regarding the exemptions of aliens enjoying immunity in Serbia and Montenegro from the criminal prosecution.
(2) In case of doubt of the identity of the persons concerned, the authority conducting the proceeding shall ask for clarification from the Ministry in charge of foreign affairs.

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.

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.