CONSTITUTION OF THE KINGDOM OF CAMBODIA

CHAPTER II - THE KING

Article 7

The King shall be the Head of State for life. The King shall be inviolable.

CONSTITUTION OF THE KINGDOM OF CAMBODIA

CHAPTER VII - THE NATIONAL ASSEMBLY

Article 80: The deputies shall enjoy parliamentary immunity.

No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his (her) duties.

The accusation, arrest, or detention of an assembly member shall be made only with the permission of the National Assembly or by the Standing Committee of the National Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the National Assembly or to the Standing Committee for decision.

The decision made by the Standing Committee of the National Assembly shall be submitted to the National Assembly at its next session for approval by a 2/3 majority vote of the assembly members.

In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the National Assembly members.

CONSTITUTION OF THE KINGDOM OF CAMBODIA

CHAPTER VIII – THE SENATE

Article 104 - New (Added March 1999):

The Senator shall enjoy parliamentary immunity.

No Senator shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties.

The accusation, arrest, or detention of a senator shall be made only with the permission of the Senate or by the Standing Committee of the Senate between sessions, except in the case of flagrante delicto.

In that case the competent authority shall immediately report to the senate or to the Standing Committee for decision.

The decision made by the Standing Committee of the Senate shall be submitted to the Senate at its session for approval by a two-thirds majority vote of all senators. In any case, detention or prosecution of a Senator shall be suspended by a three-quarters majority vote of all senators.

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.