Immunity - national proceedings

Congo, Republic of the

Congo Rep - Constitution 2002 (2015) EN

Title 4 Of the Executive Power

Sub-Title 1 Of the President of the Republic

Article 96

Prosecution for acts qualified as crimes or misdemeanors or for grave failure in his duties committed on the occasion of the exercise of his function may no longer be exercised against the President of the Republic after the cessation of his functions.

The violation of the above provisions constitutes the crime of breach of duty [forfaiture] or high treason according to the law.

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.