GENERAL PART
Section One : GENERAL PROVISIONS
CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE
Article 5. Peculiarities in the Effect of the Criminal-Procedure Law
2. Peculiarities of criminal proceedings against or involving persons, who are entitled to diplomatic or other immunity and privileges shall be determined in accordance with the provisions of the international treaties of the Republic of Armenia, this Code and other laws.
GENERAL PART
Section One : GENERAL PROVISIONS
CHAPTER 4. CRIMINAL PROSECUTION AND ITS TYPES
Article 35. Circumstances Excluding Criminal Prosecution
1. 12) The person is liable to exemption from criminal liability as stipulated in the General Part of the Criminal Code of the Republic of Armenia.
PART 13. PECULIARITIES OF CRIMINAL PROCEEDINGS ON CERTAIN CRIMES
CHAPTER 51. PECULIARITIES OF PROCEEDINGS CONCERING PERSONS ENJOYING PRIVILEGES AND IMMUNITY ENVISAGED BY INTERNATIONAL TREATIES
Article 444. Persons with diplomatic immunity under the jurisdiction of the Republic of Armenia
Persons with diplomatic immunity can be under the jurisdiction of the Republic of Armenia in those cases when the foreign country in question or the international organization will give a special consent on that occasion.
Article 445. Persons enjoying diplomatic immunity
The following persons enjoy diplomatic immunity:
heads of foreign diplomatic missions, the members of the diplomatic staff of these missions and the members of their families residing with them, if they are not citizens of the Republic of Armenia;
on reciprocal basis, the administrative and technical employees of the diplomatic missions and their family members residing with them, if they are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia;
on reciprocal basis, the service staff of the diplomatic mission who are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia; diplomatic couriers;
heads of consular offices and other officials;
representatives of foreign states, members of advisory and governmental delegations and, reciprocally, other members of a foreign delegation who arrived for international negotiations, conferences or on other official businesses or with same purposes they are
in the territory of the Republic of Armenia in transit, the family members of these persons if they are not citizens of the Republic of Armenia.
Heads of foreign missions in the international organizations, members and staff, their officials who are in the territory of the Republic of Armenia on the basis of commonly known international traditions;
The heads of diplomatic missions in third countries, members of diplomatic missions who are in the Republic of Armenia in transit and their family members accompanying them or travel separately to join them or travel back to their home country.
Article 446. Personal immunity
Persons mentioned in article 445 of this Code enjoy personal immunity. They can not be arrested or detained, except those case when this is necessary for the implementation of the verdict concerning them which has come into effect.
The preliminary investigation body which arrested or detained the persons mentioned in the first part of this article, the prosecutor or other the court must immediately inform the foreign ministry of the country in question with a telegram, by phone or other means of communication.
Article 447. Immunity to criminal prosecution
In the territory of the Republic of Armenia, the persons mentioned in article 445 of this Code enjoy immunity to criminal prosecution. The issue of involvement of such persons as the accused or the suspects is resolved by diplomatic channels.
The service employees of diplomatic missions who are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia, heads of consular offices and other officials in the Republic of Armenia enjoy immunity to criminal prosecution only in their line of duty.
Article 448. Immunity when testifying
Persons mentioned in article 445 of this Code must not testify as witnesses or the injured, in the case of agreement to testify are not obligated to go to the investigator, the prosecutor or to the court.
When these persons testify during the inquest as witnesses or the injured, and have not appeared in court trial, the court can publicize their testimonies.
Heads of consular offices and other officials can not refuse from testimonies as witnesses or the injured, except those cases when the testimony is concerned with the implementation of their professional duties. In the case of refusal to testify by consular officers, no enforcement measures can be applied to them.
In the case of agreement mentioned in the first part of this article, the notification handed to these persons can not contain a clause on the enforcement measures applied in the case of failure to appear.
Persons enjoying diplomatic immunity are not obligated to submit to the prosecutor or to court correspondence or other documents concerning their duties.
Article 449. Immunity of facilities and documents
The building occupied by the diplomatic mission, the residence of the head of diplomatic mission, the dwellings of the diplomatic personnel, their property and vehicles are immune. Entrance to these facilities, searches, seizures, arrest of property can be done only with consent of the head of diplomatic mission or other official.
Reciprocally, the rights envisaged in the first part of this article are extended to the administrative and technical personnel of diplomatic missions, their dwellings occupied by family members living together, if these persons and their family members are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia. The buildings occupied by consular offices and the residences of heads of consulates, reciprocally, are immune. Entrance to these facilities, searches, seizures, arrest of property can be done only with consent or at the request of the head of diplomatic mission or the consulate.
The archive of the diplomatic mission or consulate, the documents and official correspondence are immune. Diplomatic mail can not be opened and taken.
The bodies in charge of criminal proceedings obtain the consent from the heads of diplomatic missions or consulates for cases mentioned in parts 1, 2, 3 through the ministry of foreign affaires of the Republic of Armenia.
Searches, seizures and arrests in the above mentioned premises are by all means done in the presence of the prosecutor and representative of the foreign ministry of the Republic of Armenia.
2. Las inmunidades y las normas de procedimiento especiales que conlleve el cargo oficial de una persona, con arreglo al derecho interno o al derecho internacional, no obstarán para que la Corte ejerza su competencia sobre ella.
1. La Corte no dará curso a una solicitud de entrega o de asistencia en virtud de la cual el Estado requerido deba actuar en forma incompatible con las obligaciones que le imponga el derecho internacional con respecto a la inmunidad de un Estado o la inmunidad diplomática de una persona o un bien de un tercer Estado, salvo que la Corte obtenga anteriormente la cooperación de ese tercer Estado para la renuncia a la inmunidad.
2. La Corte no dará curso a una solicitud de entrega en virtud de la cual el Estado requerido deba actuar en forma incompatible con las obligaciones que le imponga un acuerdo internacional conforme al cual se requiera el consentimiento del Estado que envíe para entregar a la Corte a una persona sujeta a la jurisdicción de ese Estado, a menos que ésta obtenga primero la cooperación del Estado que envíe para que dé su consentimiento a la entrega.
A partir de la fecha en que la Corte establezca un sistema de seguridad social, las personas a que se hace referencia en los artículos 15, 16 y 17 estarán exentas, en relación con los servicios prestados a la Corte, de toda contribución obligatoria a los sistemas nacionales de seguridad social.