Immunity

Albania

Albania - Constitution 1998 (2016) EN

PART FOURTEEN THE HIGH STATE AUDIT
Article 165
2. The Head of the High State Audit has the immunity of a member of the High Court.

PART NINE THE COURTS
Article 137
1. The judge shall enjoy immunity in connection with the opinions expressed and the decisions made in the course of assuming the functions, except where the judge acts based upon personal interests or malice.

PART EIGHT CONSTITUTIONAL COURT
Article 126
The Constitutional Court judge shall enjoy immunity in connection with the opinions expressed and the decisions made in the course of assuming the functions, except where the judge acts based upon personal interests or malice.

PART FIVE THE COUNCIL OF MINISTERS
Article 103
3. Members of the Council of Ministers enjoy the immunity of a deputy.

PART FOUR THE PRESIDENT OF THE REPUBLIC
Article 90
1. The President of the Republic is not held responsible for acts carried out in the exercise of his duty.

Albania - Criminal Code 1995 (2013) EN

1 General Part

Chapter 1- Criminal Law and its Application

Article 9 Responsibility of a foreign citizen who enjoys immunity

Any case concerning the responsibility of a foreign citizen who commits a criminal act within the territory of the Republic of Albania and enjoys immunity according to international law is resolved diplomatically.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

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.