Immunity - national proceedings

Lesotho

Lesotho - Constitution 1993 (2018) EN

''CHAPTER V. THE KING, 50. Protection of the King and of certain persons in respect of legal proceedings''

(2) Whilst any person exercises the functions of the office of King as Regent or by virtue of a designation under section 45(3) of this constitution, no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity, and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done by him in his private capacity.

Lesotho - Penal Code Act 2010 EN

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Judicial immunity
21. Except as expressly provided by this Code, a judicial officer is not criminally responsible for any thing done or omitted to be done by him or her in good faith in the exercise of his or her judicial functions, although the act done is in excess of his or her judicial authority or although he or she is bound to do the act omitted to be done.

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.