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

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

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More information about the document 'Mongolia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
GENERAL PROVISIONS

CHAPTER ONE
LEGISLATION ON CRIMINAL PROCEDURE

Article 4. Application of Law on Criminal Procedure with Respect to Foreign Citizens and Persons without Citizenship

4.3. Consent for executing criminal proceedings with respect to persons enjoying diplomatic
immunity and inviolability shall be sought through central state administration organ in charge of external affairs of Mongolia.

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.