State privileges and immunities

Democratic Republic of the Congo

DRC - Constitution 2006 (2011) EN

TITLE III OF THE ORGANIZATION AND OF THE EXERCISE OF POWER

Chapter 1 Of The Institutions of the Republic

Section 2 Of the Legislative Power

Paragraph 3 Of Immunities and of Incompatibilities

Article 107

No parliamentarian may be prosecuted, searched, arrested, detained or judged as a result of opinions or votes emitted by him in the exercise of his functions.
A parliamentarian may, during the sessions, be prosecuted or arrested only with the authorization of the National Assembly or of the Senate, as the case may be, except in cases of flagrante delicto.

TITLE III OF THE ORGANIZATION AND OF THE EXERCISE OF POWER

Chapter 1 Of The Institutions of the Republic

Section 2 Of the Legislative Power

Paragraph 3 Of Immunities and of Incompatibilities

Article 107

Out of session, a parliamentarian may only be arrested with the authorization of the Bureau of the National Assembly or of the Bureau of the Senate, except in cases of flagrante delicto, of authorized prosecution or of definitive sentence.
The detention or prosecution of a parliamentarian is suspended if the Chamber of which he is a member requires it. The suspension may not exceed the duration of the session in course.

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.