By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Sarajevo TimesSarajevo TimesSarajevo Times
  • HOME
  • POLITICS
    • BH & EU
  • BUSINESS
  • BH TOURISM
  • INTERVIEWS
    • BH & EU
    • BUSINESS
    • ARTS
  • SPORT
  • ARTS
    • CULTURE
    • ENTERTAINMENT
  • W&N
Search
  • ABOUT US
  • IMPRESSUM
  • NEWSLETTER
  • CONTACT
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Reading: Do Diplomats have Immunity from Criminal Prosecution?
Share
Font ResizerAa
Sarajevo TimesSarajevo Times
Font ResizerAa
  • HOME
  • POLITICS
  • BUSINESS
  • BH TOURISM
  • INTERVIEWS
  • SPORT
  • ARTS
  • W&N
Search
  • HOME
  • POLITICS
    • BH & EU
  • BUSINESS
  • BH TOURISM
  • INTERVIEWS
    • BH & EU
    • BUSINESS
    • ARTS
  • SPORT
  • ARTS
    • CULTURE
    • ENTERTAINMENT
  • W&N
Follow US
  • ABOUT US
  • IMPRESSUM
  • NEWSLETTER
  • CONTACT
© 2012 Sarajevo Times. All rights reserved.
Sarajevo Times > Blog > POLITICS > Do Diplomats have Immunity from Criminal Prosecution?
POLITICS

Do Diplomats have Immunity from Criminal Prosecution?

Published: August 9, 2016
Share
SHARE

novi_pasos_bihBosnia and Herzegovina has 44 diplomatic-consular branch offices (embassies) in the world.

Generally, diplomatic status is allowed to diplomatic staff and members of their families for the period of their official stay and work in BiH. In some countries, this period usually lasts around four years, sometimes three. One person cannot hold a diplomatic and official passport at the same time.

Ministry of Foreign Affairs of BiH published a Guide on diplomatic protocol, which gives information on issuing confirmation of diplomatic status for the purpose of tax and custom reliefs that foreign diplomatic and consular branch offices, missions of international organization and their staff are allowed to exercise in BiH within the diplomatic privileges foreseen in international agreements, regulations of Bosnia and Herzegovina and on the basis of reciprocity.

Persons with diplomatic status enjoy diplomatic immunity and certain privileges regulated with many international conventions, primarily the Vienna convention on diplomatic relations, but also with the principle of reciprocity and mutual relationship of certain countries.

Therefore, immunity and privileges are valid from the moment when a foreign representative crosses the border of the host country, and are valid until the foreign representative leaves the country. Duration of immunity starts before the reception, i.e. the handing over of credentials, and does not end with the submission or reception of letters of revocation. After the submission or reception of letters of revocation, there is a deadline within which a diplomat must leave the country.

“Diplomatic representative enjoys immunity from criminal jurisdiction (criminal court) of the state where the diplomatic representative is accredited, as well as from civil and administrational jurisdiction (civil and administrational court) with certain exceptions.

Diplomatic representative is entirely exempt from criminal jurisdiction of the host country. That refers to all their actions and behaviors, not only those committed during performing official duty. The rule of immunity from criminal prosecution has absolute value, just like a directive of the Convention on Inviolability of Personality, thus diplomats cannot be tried regardless of whether the incriminating act was executed during the performance of official duties or when the representative acted as a legal entity.

A diplomat cannot be deprived of freedom in the case of a severe criminal offense either. No criminal procedure can be launched against a diplomat in the country where the diplomat is performing diplomatic functions,” explained Satko Bitanga, advisor in the Ministry of Foreign Affairs of BiH.

A dispute was long led between writers of international law regarding the fact if a country can launch procedure and bring to the court a foreign representative in extremely severe cases. Today, it is generally accepted that criminal immunity is valid for all actions and that territorial state cannot bring a diplomatic representative before the court, but only request that the diplomat is punished in the country of origin.

Therefore, immunity from jurisdiction does not mean freedom from punishment in absolute sense. If a diploma cannot be tried in the host country, the diplomat who performed a criminal offense can be tried in the country of origin.

(Source: radiosarajevo.ba)

The Arrival of Ursula von der Leyen is a boost to reform Processes in BiH
B&H Chairman of the Council of Ministers at the EBRD Conference in London
Ballots from Srebrenica arrived in East Sarajevo, counting on Monday
Analysis: Will Dodik lose his Position soon?
Brigadier General Eric Folkestad: Support for the civil authorities in times of crisis is vital part of the mission
TAGGED:#criminal#diplomats#interesting#jurisdiction#Prosecution
Share This Article
Facebook Whatsapp Whatsapp Telegram Threads Bluesky Email Print
Share
What do you think?
Love0
Sad0
Happy0
Sleepy0
Angry0
Dead0
Wink0
Previous Article Emigrants from BiH integrate well in the West
Next Article BiH to obtain Candidate Status in Spring?
Leave a Comment Leave a Comment

Leave a Reply Cancel reply

You must be logged in to post a comment.

Stay Connected

10.2KFollowersLike
10.1KFollowersFollow
414FollowersFollow

Latest News

Military Exercise ‘Immediate response 26’, more than 1,200 Members of the Armed Forces of BiH participate
October 17, 2026
The Tax Administration of FBiH imposed fines of almost 376,000 BAM
October 17, 2026
Covic: Election Law Is a Priority, Government Should Be Formed as soon as possible
October 17, 2026
“Sarajevo Safari”: Austria to decide on possible Indictment against Two Citizens
October 17, 2026
Sarajevo Water Utility Company informs Consumers about Night Reductions
October 17, 2026
The Central Election Commission of BiH orders a Control Count at 89 Polling Stations
October 17, 2026
BiH in the Focus of the Republic of Croatia’s New Aid Program until 2030
October 17, 2026
Cvijanovic: Filipovic and I share the same Stance on certain Issues, but I am not forming an Alliance with Anyone
October 16, 2026
What is the average Monthly Net Salary in the Federation of BiH?
October 16, 2026
CEC BiH: Counting of mail-in Ballots begins Today
October 16, 2026
Sarajevo TimesSarajevo Times
Follow US
© 2012 Sarajevo Times. All Rights Reserved.
  • ABOUT US
  • IMPRESSUM
  • NEWSLETTER
  • CONTACT
Go to mobile version
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?