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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE 1
GENERAL PROVISIONS

CHAPTER TWO
APPLICATION OF THE CRIMINAL CODE IN TIME, TERRITORY AND WITH REGARD TO THE PERSONS FALLING INTO ITS SCOPE

Article 13. Grounds and Rules of Application of the Criminal Law to the Persons Who Committed Crimes in the Territory of Mongolia

13.3. The matter of criminal liability of the persons who enjoy diplomatic immunity and those who do not fall within the criminal jurisdiction of Mongolian courts under the laws in force and international agreements shall be settled through the diplomatic channels.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 301. Attack against persons enjoying the international protection

306.1. Attack against a government representative, officer of an international organization, their offices, dwellings or means of transport with the purpose of tensing the relations between nations shall be punishable by imprisonment for a term of more than 5 to 8 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.