State privileges and immunities

Albania

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.

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER II NOTIFICATIONS
Article 142/a Notification of foreign persons enjoying immunity
1. Unless otherwise provided by international agreements, the notification of foreign persons enjoying immunity under the international law shall be done through the ministry responsible of foreign affairs.

TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 254 Prohibition of arrest or detention under certain circumstances
1. No arrest or detention shall be allowed if according to the circumstances of the fact it appears that the action was carried out during the execution a duty or the exercise of a legitimate right or an impunity reason exists.

Rome Statute

Article 27 Irrelevance of official capacity

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.

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.

APIC

ARTICLE 27 Social Security

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.