Title 5: Federal Authorities
Chapter 2: Federal Assembly
Section 2: Procedure
Art. 162 Immunity
1 The members of the Federal Assembly and the Federal Council as well as the Federal Chancellor may not be held liable for statements that they make in the Assembly or in its organs.
2 The law may provide for further forms of immunity and extend its scope to include other persons.
CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION
Art. 4 Consultations
The Central Authority shall conduct consultations as indicated in article 97 of the Statute, in particular when the execution of a request:
d. could violate State or diplomatic immunity (art. 98 in connection with art. 27 of the Statute).
CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION
Art. 6 Immunities
1 On application by the Federal Department of Justice and Police (Department), the
Federal Council shall decide on questions of immunity relating to article 98 in conjunction with article 27 of the Statute which arise in the course of the execution of requests..
2 Where paragraph 1 applies, the Department may order arrest or other preventive measures.
Book Two : Specific Provisions
Title Twelvequater : Common Provisions for Title Twelvebis and Title Twelveter
Art. 264n
The prosecution of offences under Title Twelvebis, Title Twelveter and under Article 264k does not require authorisation in accordance with any of the following provisions :
a. Article 7 paragraph 2 letter b of the Criminal Procedure Code ;
b. Article 14 and 15 of the Government Liability Act of 14 March 1958 ;
c. Article 17 of the Parliament Act of 13 December 2002 ;
d. Article 61a of the Government and Administration Organisation Act of 21 March 1997;
e. Article 11 of the Federal Supreme Court Act of 17 June 2005 ;
f. Article 12 of the Federal Administrative Court Act of 17 June 2005 ;
g. Article 16 of the Patent Court Act of 20. March 2009 ;
h. Article 50 of the Criminal Justice Authorities Act of 19 March 2010.
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.
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.
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.