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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 14. Operation of the Criminal Law in Regard to Persons Who Committed Crimes in the Territory of the Republic of Tajikistan

(4) If a crime is committed in the territory of the Republic Tajikistan by diplomatic representatives of foreign countries or other citizens who have immunity, the question of criminal liability is decided on the basis of norms of International law.

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.