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'State privileges and immunities' in document 'Russia - Criminal Code'

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More information about the document 'Russia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

Section I. Criminal Law

Chapter 2. The Operation of Criminal Law in Time and Space

Article 11. The Operation of Criminal Law in Respect of Persons Who Have Committed Crimes in the Territory of the Russian Federation

4. Question of the criminal responsibility of diplomatic representatives of foreign States and other individuals who enjoy immunity shall be settled in conformity with the standards of international law, if these persons have committed crimes in the territory of the Russian Federation

Special Part

Section XII. Crimes Against the Peace and Security of Mankind

Chapter 34. Crimes Against the Peace and Security Mankind

Article 360. Assaults on Persons or Institutions Enjoying International Protection

1. Assault on a representative of a foreign state, or on a staff member of an international organization that enjoys international protection, as well as on official premises or living quarters, or transport vehicles of persons enjoying international protection -
shall be punishable by deprivation of liberty for a term of up to five years.

2. The same deed committed for the purpose of provoking a war or of complicating international relations -
shall be punishable by deprivation of liberty for a term of three to seven years .

RELEVANT ROME STATUTE PROVISIONS

Article 27
Irrelevance of official capacity
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.

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.