viana convention

[eama]

Article 37


1.The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36.

2.Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported at the time of first installation.



This is the main law which is being referred by Americans.

Here is the article 29 which is referred above.

Article 29

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

Article 30

1.The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

2.His papers, correspondence and, except as provided in paragraph 3 of article 31, his property,shall likewise enjoy inviolability.

Article 31

1.A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) A real action relating to private immovable property situated in the territory of the receiving State,unless he holds it on behalf of the sending State for the purposes of the mission;

(b) An action relating to succession in which the diplomatic agent is involved as executor,administrator, heir or legatee as a private person and not on behalf of the sending State;

(c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

I am unable to understand is diplomatic people have immunity to criminal jurisdiction completely of receiving state?

[sana_krn]

dear eama read the exceptions carefully a diplomat is immune only when performing duty or any act on behalf of its state, he is not immune to any act done by him in his personal capacity art. 31 has clearly xplained it