TITLE III - Assembly of the Republic

Chapter I - Status, role and election

Article 157 Immunities

1. Members shall not be civilly or criminally liable for or subject to disciplinary proceedings in relation to their votes or the opinions they express in the performance of their functions.

2. Members shall not appear as makers of declarations or defendants without the Assembly’s authorisation. In the event of strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years, the Assembly shall obligatorily authorise a Member’s appearance as defendant.

3. No Member may be detained, arrested or imprisoned without the Assembly’s authorisation, save for a serious crime punishable by the type of prison term referred to in the previous paragraph and in flagrante delicto.

4. In the event that criminal proceedings are brought against any Member and he is definitively charged, the Assembly shall decide whether or not he is to be suspended so that the proceedings can take their course. In the event of a crime of the type referred to in the previous paragraphs, the Assembly shall obligatorily suspend the Member .

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.