Chapter Five – Legislative Power

Part One: The National Council of the Slovak Republic

Article 78

(1) No Member of Parliament shall be prosecuted for his voting in the National Council of the Slovak Republic or in its committees, not even after expiration of his or her mandate.

(2) No Member of Parliament shall be prosecuted for statements presented in duration of the post in the National Council of the Slovak Republic or in its body, not even after expiration of his or her mandate. The Member of Parliament is subject to disciplinary powers of the National Council of the Slovak Republic. Civil responsibility of a Member of Parliament shall remain unaffected.

(3) No Member of Parliament shall be prosecuted, sanctioned by any disciplinary measure or held in pre-trial detention without approval of the National Council of the Slovak Republic. If the National Council of the Slovak Republic denies granting of such approval, the prosecution or pre-trial detention of a Member of Parliament shall be precluded during the term of his mandate. In such case, the period of limitation does not lapse in duration of the mandate.

(4) If a Member of Parliament has been detained while committing a criminal offence, the competent body shall be obliged to notify the President of the National Council of the Slovak Republic immediately. If the Mandate and Immunity Committee of the National Council of the Slovak Republic does not approve the arrest consequently, the Member of Parliament must be released immediately.

(5) In duration of the arrest, the mandate of a Member of Parliament is not terminated but shall not be exercised.

Chapter Six – Executive Power

Part One: The President of the Slovak Republic

Article 107

The President may be prosecuted only for a wilful infringement of the Constitution or for treason. The National Council of the Slovak Republic shall decide on the bringing of a prosecution on a President by a three-fifth majority of all Members of Parliament. The National Council of the Slovak Republic shall file the prosecution to the Constitutional Court of the Slovak Republic, which shall decide on it in plenary session. A condemning decision of the Constitutional Court of the Slovak Republic shall mean the loss of the presidential post and of the eligibility to regain this post.

Chapter Seven – Judicial Power

Part One: The Constitutional Court of the Slovak Republic

Article 136

(1) Members of the Constitutional Court enjoy immunity in the same way as deputies of the National Council of the Slovak Republic.

(2) The consent to the criminal prosecution of a judge of the Constitutional Court, or to taking him into custody, is given by the Constitutional Court.

(3) The Constitutional Court gives consent to the criminal prosecution or to the taking into custody of the chairman and deputy chairman of the Supreme Court of the Slovak Republic.

(4) If the Constitutional Court refuses its consent, the prosecution or the pre-trial detention shall be precluded for the duration of the function of a Constitutional Court judge, the function of a judge or the function of the General Prosecutor.

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.