State privileges and immunities

Croatia

Croatia - Constitution 1990 (2013) EN

IV. Organisation of Government
1. The Croatian Parliament
Article 76
Deputies in the Croatian Parliament shall enjoy immunity.
No deputy shall be held criminally liable, detained or sentenced for an opinion expressed or a vote cast in the Croatian Parliament.
No deputy shall be detained nor shall any criminal proceeding be instigated against him/her without approval by the Croatian Parliament.
A deputy may be detained without approval from the Croatian Parliament only if he/she has been caught in the perpetration of a criminal offence carrying a sentence of imprisonment exceeding five years. In such a case, the Speaker of the Croatian Parliament shall be notified thereof.

IV. Organisation of Government
2. The President of the Republic of Croatia
Article 106
The President of the Republic shall enjoy immunity.
The President of the Republic shall not be detained nor shall any criminal prosecution be instigated against him/her without prior approval by the Constitutional Court.
The President of the Republic may be detained without approval from the Constitutional Court only if he/she has been caught in the perpetration of a criminal offence carrying a sentence of imprisonment exceeding five years. In such a case, the governmental agency which has detained the President of the Republic shall forthwith notify the Chief Justice of the Constitutional Court thereof.
Article 107

IV. Organisation of Government
4. Judicial Power
Article 119
Judges shall enjoy immunity in accordance with law.

Croatia - Implementation of Statute of ICC 2003 (2004) EN

I. GENERAL PROVISIONS
APPLICATION OF NATIONAL LEGISLATION
Article 6
(3) Legal regulations on immunities and privileges shall not apply in procedures involving the criminal offences referred to in Article 1 of this Law.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 6

(4) Legal regulations on immunities and privileges shall not apply in procedures involving the crimes referred to in Article 2 of this Law.

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.