Immunity - national proceedings

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

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

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.