Immunity - national proceedings

Congo, Democratic Republic of the

DRC - Constitution 2006 (2011) EN

TITLE III OF THE ORGANIZATION AND OF THE EXERCISE OF POWER

Chapter 1 Of The Institutions of the Republic

Section 2 Of the Legislative Power

Paragraph 3 Of Immunities and of Incompatibilities

Article 107

No parliamentarian may be prosecuted, searched, arrested, detained or judged as a result of opinions or votes emitted by him in the exercise of his functions.
A parliamentarian may, during the sessions, be prosecuted or arrested only with the authorization of the National Assembly or of the Senate, as the case may be, except in cases of flagrante delicto.

TITLE III OF THE ORGANIZATION AND OF THE EXERCISE OF POWER

Chapter 1 Of The Institutions of the Republic

Section 2 Of the Legislative Power

Paragraph 3 Of Immunities and of Incompatibilities

Article 107

Out of session, a parliamentarian may only be arrested with the authorization of the Bureau of the National Assembly or of the Bureau of the Senate, except in cases of flagrante delicto, of authorized prosecution or of definitive sentence.
The detention or prosecution of a parliamentarian is suspended if the Chamber of which he is a member requires it. The suspension may not exceed the duration of the session in course.

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.