Immunity - national proceedings

El Salvador

El Salvador - Constitution 1983 (2014) EN

TITLE VIII: RESPONSIBILITY OF PUBLIC FUNCTIONARIES

Article 238
The Deputies may not be tried for serious offenses they commit from the day of their election until the end of the period for which they were elected, without the Legislative Assembly previously declaring that there are grounds for trial, in conformity with the procedure established in the preceding Article.
For the less serious crimes and misdeeds they commit during the same period they may not be detained or imprisoned, nor called to testify until after the conclusion of the period of their election.
If the President, Vice-President of the Republic or a Deputy were to be caught in flagrante delicto, from the day of their election until the end of the period for which they were elected, they may be detained by any person or authority, who shall be obliged to place the case immediately at the disposition of the Assembly.

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.