Immunity - national proceedings

Central African Republic

Central African Republic - Constitution 2004 (2016) EN

Title 4 Of the Legislative Power

Article 67

The members of the Parliament enjoy parliamentary immunity. Consequently, no Parliamentarian may be prosecuted, investigated or arrested, detained or judged on the occasion of the opinions or votes emitted by them in the exercise of their functions.

During the sessions, a Parliamentarian may only be prosecuted or arrested in a correctional matter, with the authorization of the National Assembly or of the Senate[,] granted by vote by secret ballot[,] with the absolute majority of the members who compose the Chamber concerned.

Out of session, a Parliamentarian may only be prosecuted or arrested with the authorization of the Bureau of the National Assembly or of the Bureau of the Senate. This authorization may be suspended if the National Assembly or the Senate so decides with the absolute majority.

The Parliamentarian caught in fragrante delicto or in flight[,] after the commission of criminal acts or misdemeanors, can be prosecuted and arrested without the authorization of the National Assembly, of the Senate or of their Bureaus.

The prosecution of a Parliamentarian is suspended until the end of his mandate, except in cases of the lifting of parliamentary immunity, if the Chamber concerned requires it by vote with the absolute majority of the members who compose it.

The Parliamentarian who is made the object of a definitive criminal conviction is removed [radiƩ] from the list of Parliamentarians within the conditions established by the organic law relative to each Chamber.

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.