'Immunity - ICC proceedings' in document 'Slovenia - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

IV. ORGANISATION OF THE STATE

a) The National Assembly

Article 83
(Immunity of Deputies)

No deputy of the National Assembly shall be criminally liable for any opinion expressed or vote cast at sessions of the National Assembly or its working bodies.

No deputy may be detained nor, where such deputy claims immunity, may criminal proceedings be initiated against him without the permission of the National Assembly, except where such deputy has been apprehended committing a criminal offence for which a prison sentence of over five years is prescribed.

The National Assembly may also grant immunity to a deputy who has not claimed such immunity or who has been apprehended committing such criminal offence as referred to in the preceding paragraph.

IV. ORGANISATION OF THE STATE

f) The Judiciary

Article 134
(Immunity of Judges)

No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court.

If a judge is suspected of a criminal offence in the performance of judicial office, he may not be detained nor may criminal proceedings be initiated against him without the consent of the National Assembly.

VIII. THE CONSTITUTIONAL COURT

Article 167
(Immunity)

Constitutional Court judges enjoy the same immunity as National Assembly deputies.

The National Assembly decides on such immunity.

RELEVANT ROME STATUTE PROVISIONS

Article 27
Irrelevance of official capacity
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of
sentence.
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.