Immunity - national proceedings

Chad

Chad - Constitution (EN) 2018

Chapter 4 Of the Legislative Power

Article 117

The members of the National Assembly benefit from parliamentary immunity.

No Deputy may be prosecuted, investigated, arrested, detained or tried for the opinions or votes cast by him in the exercise of his functions.

During the session, a Deputy may only be prosecuted or arrested in a criminal or correctional matter with the permission of the National Assembly, except in cases of flagrante delicto.

A Deputy, out of session, may only be arrested with the authorization of the Bureau of the National Assembly, except in case of flagrante delicto, of authorized prosecutions or definitive condemnation.

In the case of an established crime or offense, the immunity can be lifted by the National Assembly during the sessions or by the Bureau of the said Assembly out of session.

In cases of flagrante delicto, the Bureau of the National Assembly is immediately informed of their arrest.

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.