Immunity - national proceedings

Venezuela, Bolivarian Republic of

Constitution of the Bolivarian Republic of Venezuela 1999 (2009)

TITLE V
Organization of National Public Authority

Chapter I
National Legislative Power

Section Three: Deputies of the National Assembly

Article 200: Deputies of the National Assembly shall enjoy immunity in the exercise of their functions from the time of their installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall have competence over any crimes may be charged as committed by members of the National Assembly, and only the Supreme Tribunal of Justice, subject to authorization in advance from the National Assembly, shall have the power to order their arrest and prosecution. In the case of a flagrant offense commit¬ted by a legislator, the competent authority shall place such legislator under house arrest and immediately notify the Supreme Tribunal of Justice of such event.

Public officials who violate the immunity of members of the National Assembly shall incur criminal liability and shall be punished in accordance with law.

TITLE V
Organization of National Public Authority

Chapter IV
Citizen Power

Section Two: People Defender’s Office

Article 282: The People Defender shall enjoy immunity in the exercise of his functions, and therefore shall not be subject to pursuit, arrest or prosecution for acts relating to the performance of his official functions. In any such case, exclusive competence shall be vested in the Supreme Tribunal of Justice.


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.