Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
SECTION 5 - METHODS OR COMPULSION TO ATTEND
Chapter 5: Questioning of the Accused 123-129
Article 129
A. The investigative judge may offer immunity with the agreement of the Felony Court, for reasons recorded in the record, to any person accused of an offence, in order to obtain his testimony against others involved in its commission, on condition that the accused will give a full and true statement. If he accepts the offer, his testimony is heard and he remains an accused person until a decision on the case is issued.
B. If the accused does not submit a full and true statement, whether through deliberate concealment of any important issue or through false statements, he loses his right to immunity by decree of the criminal court, and procedures are taken against him for the offence for which he was offered immunity or any other related offence. His statements are used as evidence against him.
C. If the Felony Court finds that the statement given by the accused who has been offered immunity is full and true, then it will halt permanently legal proceedings against him and release him.
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.