Spans in 'Montenegro - Criminal Procedure Code' tagged with 'State privileges and immunities'

'State privileges and immunities' in document 'Montenegro - Criminal Procedure Code'

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The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter XVI
PREJUDICIAL ISSUES AND OTHER PROVISIONS

Application of the Regulations of international law

Article 252
(1) The rules of international law shall apply with respect to exemption from criminal prosecution of aliens who enjoy the right to immunity in Montenegro.

(2) Should there be any doubt as to the status of persons referred to in Paragraph 1 of this Article the Court shall seek clarification from the administration authority competent in foreign affairs.

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.