Immunity

Cambodia

Cambodia - Constitution 1993 (2008) EN

CHAPTER VII ON THE NATIONAL ASSEMBLY
Article 80.
Members of the National Assembly shall enjoy parliamentary immunity.
No National Assembly’s Member can in any case be prosecuted, arrested, kept in police custody or detained because of his/her opinions or of the votes expressed during the exercise of his/her functions.
The prosecution against, the arrest, the police custody or the detention of any Member of the National Assembly is possible only when approved by the National Assembly or by the Standing Committee during the interval between sessions, except in flagrante delicto case. In this last case, the competent ministry must urgently report to the National Assembly or to the Standing Committee for decision.
The decision of the National Assembly’s Standing Committee must be submitted to the next session of the National Assembly for adoption by two-third majority of all its members.
In all the aforementioned cases, the detention of, the prosecution against any National Assembly’s Member shall be suspended, if the National Assembly so decided by three-forth majority of all its members.

CHAPTER VIII new ON THE SENATE
Article 104 new
The Senators shall enjoy parliamentary immunity.
No Senator can in any case be prosecuted, arrested, kept in police custody or detained because of his/her opinions or of
the votes expressed during the exercise of his/her functions. The prosecution against, the arrest, the police custody or the detention of a Senator is possible only when approved by the Senate or by the Standing Committee during the interval between sessions, except in flagrante delicto case. In this last case, the competent ministry must urgently report to the Senate or to the Standing Committee for decision.
The decision of the Senate’s Standing

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.