Immunity - national proceedings

Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 14. Operation of the Criminal Law in Regard to Persons Who Committed Crimes in the Territory of the Republic of Tajikistan

(4) If a crime is committed in the territory of the Republic Tajikistan by diplomatic representatives of foreign countries or other citizens who have immunity, the question of criminal liability is decided on the basis of norms of International law.

Rome Statute

Article 27 Irrelevance of official capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

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.