PERSONAL IMMUNITY IN CRIMINAL LAW Cover Image

PERSONALNI KRIVIČNOPRAVNI IMUNITETI
PERSONAL IMMUNITY IN CRIMINAL LAW

Author(s): Sakib Softić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Immunity; Head of State; Head of Government; Minister of Foreign Affairs; the exemption

Summary/Abstract: This article deals with the determination of the extent to which state officials are subjected to prosecution before national courts of other state for international crimes. International law gives personal immunities to foreigne state officials in situations where reasonable suspicion that a state official has committed a international crime exists. This article proves that the personal i This article proves that the personal immunities apply in situations where exsist reasonable doubt that the actual state official committed crime. When it is about former high states officials, they enjoy only functional immunities. They are protected by immunity from prosecution for criminal acts committed in the performance of their official duties. While they could be trialled for all other crimes committed before, during and after the exercise of their functions. Here are discarded traditional arguments about the scope and merits of personal immunities and considered new, based on new judgments of international and domestic courts rendered at the end of previous and at beginning of this century.

  • Issue Year: 6/2013
  • Issue No: 11
  • Page Range: 130-150
  • Page Count: 21
  • Language: Bosnian