Article 553. Persons with diplomatic immunity from criminal prosecution CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 553. Persons with diplomatic immunity from criminal prosecution CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. In accordance with the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan, the following persons enjoy immunity from criminal prosecution in the Republic of Kazakhstan:

1) heads of diplomatic missions of foreign states, members of the diplomatic staff of these missions and members of their families, if they live together with them and are not citizens of the Republic of Kazakhstan;

2) on the basis of reciprocity, employees of the service personnel of diplomatic missions and members of their families residing with them, if these employees and members of their families are not citizens of the Republic of Kazakhstan or do not permanently reside in Kazakhstan, heads of consulates and other consular officials in relation to acts committed by them in the performance of their official duties, unless otherwise provided stipulated by the international treaty of the Republic of Kazakhstan;

3) on the basis of reciprocity, employees of the administrative and technical staff of diplomatic missions and their family members living with them, if these employees and their family members are not citizens of the Republic of Kazakhstan or do not permanently reside in Kazakhstan;

4) Diplomatic couriers;

5) heads and representatives of foreign states, members of parliamentary and government delegations and, on the basis of reciprocity, employees of foreign delegations arriving in Kazakhstan to participate in international negotiations, international conferences and meetings or with other official assignments, or following for the same purposes in transit through the territory of the Republic of Kazakhstan, and family members of these persons who accompany them, if these family members are not citizens of the Republic of Kazakhstan;

6) heads, members and staff of representative offices of foreign states in international organizations, officials of these organizations located in the territory of the Republic of Kazakhstan, on the basis of international treaties or generally recognized international customs;

7) heads of diplomatic missions, members of the diplomatic staff of representative offices of foreign states in a third country passing through the territory of the Republic of Kazakhstan, and members of their families who accompany these persons or travel separately in order to join them or return to their country;

8) other persons in accordance with the international agreement of the Republic of Kazakhstan.

2. The persons specified in paragraphs 1), 4) – 7) of the first part of this article, as well as other persons, in accordance with an international treaty of the Republic of Kazakhstan, may be subject to criminal prosecution only if a foreign state grants a definite waiver of immunity from criminal prosecution. The issue of such refusal is resolved by the submission of the Prosecutor General of the Republic of Kazakhstan through the Ministry of Foreign Affairs of the Republic of Kazakhstan through diplomatic channels. In the absence of a waiver by the relevant foreign State of immunity from criminal prosecution of these persons, the criminal case is subject to termination.

3. The rules of the second part of this article do not apply to the persons specified in paragraphs 2) and 3) of the first part of this Article, except in cases when the crime committed by these persons is related to the performance of their official duties and is not directed against the interests of the Republic of Kazakhstan, unless otherwise provided by an international treaty of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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