The Law Library of Congress, Global Legal Research Center 

(202) 707-6462 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.go

Immunity from Prosecution for Former P

in Selected Jurisdictions 

October 2017 
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
The Law Library of Congress 

Immunity from Prosecution for Former Presidents in Selected 

by the Staff of the Global Legal Research Directorate 

SUMMARY This chart reports on thirty-two jurisdictions with constitutional or statutory provisions addressing immunity of current and former presidents. 

immunity after they leave office, such provision is noted. The chart also includes each country’s Freedom House aggregate score, a scale that compa

 The chart focuses on jurisdictions where the head of state is a president. Excluded from the report are monarchies, which exist in many countr

sovereign immunity and are inviolable from prosecution. In most cases monarchs serve as long as they are alive. No provisions were found for the r

 In some countries, such as Kazakhstan, Kyrgyzstan, and Turkmenistan, presidents enjoy absolute immunity for any acts committed during office, inc

 It is common among the surveyed countries for presidents to enjoy immunity from criminal prosecution for acts done in the exercise of the functions 

 Rwanda’s Constitution, as amended in 2015, has two unusual provisions relating to treason by the president. One states that the president will “ce

treason or a serious and deliberate violation of the Constitution.” A second provision states that a former president “cannot be prosecuted fo

proceedings in respect of that offence were brought against him or her while in office.” No other country was located with provisions similar 

absolute immunity. 

Country Text of Legal Provision 

Burundi Art. 117 – The President of the Republic is only criminally responsible for the acts accomplished in the exercise of 

his or her functions in cases of high treason. 

There is high treason when, in violation of the Constitution or the law, the President deliberately commits an act contrary to the superior interests of the nation which gravely compromises national unity, social peace, social 

justice, the development of the country, or gravely infringes on human rights, territorial integrity, national 

independence and national sovereignty. 

CONSTITUTIO

[CONSTITUTI

arts. 117, 119

Constitution-https://perma

Central African Republic 

The President of the Republic is liable for acts committed in the exercise of his office only in cases of high treason. [The following] [a]re considered as crimes of high treason, in particular: 

- Violation of the oath of office; - Political homicide; - Corruption; - The creation or maintenance of a militia; 

CONSTITUTIO

CENTRAFRICACENTRAL AFat http://www104713/1278archived at h

* Aggregate scores are drawn from the Freedom House annual report, which “evaluates the state of freedom in 195 countries and 14 territories during calendar year 2016.” FREEDOdefault/files/FH_FIW_2017_Report_Final.pdf, archived at https://perma.cc/NJ78-9BFK. “Each country and territory is assigned between 0 and 4 points on a series of 25 [political the most freedom under a methodology that translates aggregate scores into ratings. Id. For more details about Freedom House’s methodology, including a list of indicators measur

https://freedomhouse.org/report/methodology-freedom-world-2017 (last visited Oct. 30, 2017), archived at https://perma.cc/A7CB-5PXF. 
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

- The refusal to provide defense and security forces with the means necessary to accomplish their mission; - The violation of article 23 [prohibiting the President from simultaneously exercising any other political 

office or lucrative activity]; 

- The failure to establish the institutions of the Republic within the constitutional deadline; - Any act contrary to the superior interests of the Nation. 

Chile Art. 30 – The President, who has completed the full term as president, will immediately acquire the status of ExPresident of the Republic. By virtue of this quality, the provisions of the second, third and fourth paragraphs of 

Article 61 . . . will be applicable to him . . . . Art. 61 – Deputies and Senators only are immune from prosecution for the opinions and votes they cast in the 

fulfilling their official duties, in congressional sessions or in commissions. No Deputy or Senator, as of the date of his election or . . . his oath, . . . may be tried or deprived of his freedom, except in the case of a flagrant crime, if the 

Court of Appeals of the respective jurisdiction, in plenary, has not previously authorized his accusation, declaring 

that there is cause for legal proceedings. This decision can be appealed before the Supreme Court. Any Deputy or 

Senator, in the case of being arrested for a flagrant crime, will be brought immediately before the respective Court 

of Appeals, with the corresponding summary information. The Court will proceed in accordance with what is provided in the previous paragraph. From the moment it is declared by a final decision that there is cause for legal proceedings, the indicted Deputy or Senator will be suspended from his seat and referred to the competent court to further the proceedings. 

CONSTITUCIÓ

CHILE, DIARI

1980, as amehttps://www.

ucion_politichttps://perma

Côte d’Ivoire The President of the Republic is only liable for acts done in the exercise of his/her office, and is only brought before 

the High Court of Justice, in cases of high treason. 

CONSTITUTIO

constitutionnat https://perm

Djibouti The President of the Republic is only liable for acts done in the exercise of his office in cases of high treason. CONSTITUTIO

1992 [CONST4, 1992], art. int/edocs/lexdat https://perm

Equatorial Guinea 

Art. 33(1) – The President of the Republic is the Chief of State. . . . 

Art. 34 – The Chief of State is inviolable. The Law regulates the privileges and immunities of Chiefs of State after their terms. [Note: A law regulating this provision could not be located.] 

Art. 85 – Former presidents are deemed “nato” senators [roughly translated as “for life” senators], with all the 

rights, prerogatives and immunities, provided that they keep their dignity and social and political reputation. [Note: A law regulating this provision could not be located.] Art. 62 – No Senator may be persecuted or detained for opinions expressed while in office. No judicial or governmental authority may detain or prosecute a senator without the indispensable requirement of previously obtaining authorization from the Senate board, except in cases of a flagrant crime.

Ley Fundame33(1), 34, avhttp://www.g

12/LEYFUNarchived at h
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

Fiji CHAPTER 10 – IMMUNITY 

Immunity granted under the Constitution of 1990 continues 

155. Notwithstanding the abrogation of the Constitution Amendment Act 1997 and despite the repeal of the 

Constitution of 1990, Chapter XIV of the Constitution of 1990 continues in force in accordance with its tenor, and the immunity granted in Chapter XIV of the Constitution of 1990 shall continue. Immunity granted under the Limitation of Liability for Prescribed Political Events Decree 2010 continues 

156.—(1) The immunities granted to prescribed persons for prescribed political events under the Limitation of Liability for Prescribed Political Events Decree 2010 shall continue in existence. (2) Notwithstanding anything contained in this Constitution, the Limitation of Liability for Prescribed Political Events Decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament. Further immunity 157. Absolute and unconditional immunity is irrevocably granted to any person (whether in their official or personal 

or individual capacity) holding the office of, or holding the office in, as the case may be— 

(a) the President; (b) the Prime Minister and Cabinet Ministers; (c) Republic of Fiji Military Forces; (d) Fiji Police Force; (e) Fiji Corrections Service; (f) Judiciary; (g) public service; and (h) any public office, from any criminal prosecution and from any civil or other liability in any court, tribunal or commission, in any 

proceeding including any legal, military, disciplinary or professional proceedings and from any order or judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment or involvement 

in the Government from 5 December 2006 to the date of the first sitting of the first Parliament elected after the 

commencement of this Constitution, provided however any such immunity shall not apply to any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of 

this Constitution). Immunity entrenched 158.—(1) Notwithstanding anything contained in this Constitution, this Chapter and any immunity granted or 

continued in this Chapter shall not be reviewed, amended, altered, repealed or revoked. (2) Notwithstanding anything contained in this Constitution, no court or tribunal shall have the jurisdiction to accept, hear or make any decision or order with respect to any challenge against the provisions of this Chapter and any immunity granted or continued in this Chapter. (3) No compensation shall be payable by the State to any person in respect of damage, injury or loss to his or her property or person caused by or consequent upon any conduct from which immunity has been granted under this Chapter. 

CONSTITUTIOhttp://www.f

1757-4e27-8download-thehttps://permaReferring to Constitution Republic of F(Constitution promu/promuarchived at h(granting immd’etat, along police, and thallegiance to Limitation of Events DecreRepublic of F11, no. 36 (Mfj/getattachm50dec2a3680Liability-for-https://permaimmunity to who was Preamong other Crimes DecreRepublic of F10, no. 95 (Ngetattachmen71377917b6e2009-(pdf).ashttps://permafrom immuni2013 Constituoffenses, forgadministratioproperty offe
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

France The President of the Republic shall incur no liability by reason of acts carried out in his official capacity, subject to 

the provisions of Articles 53-2 [recognizing the potential jurisdiction of the International Criminal Court] and 68 [providing the possibility for the Parliament to remove the President for “breach of his duties patently incompatible with his continuing in office”]. 

CONSTITUTIO

[CONSTITUTI

https://www.

dTexte=LEGhttps://perma

Guinea The High Court of Justice is competent to judge the acts accomplished in the exercise of or on the occasion of their 

functions by: 1. The President of the Republic in the case of high treason; 2. The Prime Minister and the other members of the Government for crimes and misdemeanors. 

CONSTITUTIO

MAY 7, 2010

Guyana Immunities of President: Subject to the provisions of article 180 [which deals with removal from office for violation 

of Constitution or gross misconduct] the holder of the office of President shall not be personally answerable to any court for the performance of the functions of his or her office or for any act done in the performance of those 

functions and no proceedings, whether criminal or civil, shall be instituted against him or her in his or her personal capacity in respect thereof either during his or her term of office or thereafter. 

CONSTITUTIO

REPUBLIC OF 

of 1980, as a1/2012), http

pdf, archived 

Iceland The President of the Republic may not be held accountable for executive acts. The same applies to those who 

exercise presidential authority. The President may not be prosecuted on a criminal charge except with the consent of Althingi [the Icelandic Parliament].

11gr. STJÓRN

[STJÓRNSKIPUCONSTITUTIO

http://www.a

archived at h

Ireland The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and 

performance of the powers and functions of his office or for any act done or purporting to be done by him in the 

exercise and performance of these powers and functions.

BUNREACHT 

http://www.ir

archived at h

Kazakhstan Art. 3 – Immunity of the First President of the Republic of Kazakhstan – Elbasy 

The first President of the Republic of Kazakhstan – Elbasy [leader of the nation] enjoys immunity. He cannot be held liable for actions committed during his term of office as the President of the Republic of Kazakhstan, as well as after its end—in connection with his status as the First President of the Republic of Kazakhstan – Elbasy. He 

cannot be detained, arrested, or held in custody, searched, interrogated, or personally inspected. 

Immunity extends to all property belonging to the First President of the Republic of Kazakhstan – Elbasy and his family members living together with him, as well as to residential and office premises used by them, office vehicles, means of communication, correspondence, and documents belonging to them. Immunity also extends to property 

belonging to the foundation of the First President of the Republic of Kazakhstan – Elbasy and other legal entities 

that he establishes. The property owned privately by the First President of the Republic of Kazakhstan – Elbasy and his family 

members living together with him, as well as the property of the legal entities he establishes, cannot be subject to 

ConstitutionaKazakhstan oof Kazakhsta2000, VEDOM

KAZAKHSTAN 

232, http://on

id=1019103#at https://perm
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

any restrictions. Bank secrecy and immunity of bank accounts of the First President of the Republic of Kazakhstan – Elbasy and his 

family members living together with him are guaranteed. 

Kyrgyzstan Art. 12 – Immunity of the Ex-President of the Kyrgyz Republic 

The ex-president of the Kyrgyz Republic enjoys immunity. He cannot be held criminally or administratively liable 

for acts or omissions he committed during his term of office as the President of the Kyrgyz Republic, or be detained, 

arrested, searched, interrogated, or personally inspected. 

The immunity of the ex-president of the Kyrgyz Republic extends to his residential and office premises, vehicles 

used by him, means of communication, archives, other property, documents, baggage, and his correspondence. 

Law of the KActivities of Republic, No

(official gazehttp://cbd.minru/1278?cl=rhttps://perma

Lebanon No responsibility attaches to the President of the Republic while discharging his duties except when he violates the 

Constitution or in the event of high treason. Responsibility concerning ordinary crimes is subject to the general laws. He cannot be charged for these crimes or for violating the Constitution or for high treason except by a vote of a two-thirds majority of the members of Parliament. He is tried by the Supreme Council provided for in article 80 of the Constitution. 

LEBANESE CO

http://www.p

stem/DocumArabic), arch(copy links to 

Madagascar The President of the Republic is only responsible for the acts accomplished and connected with the exercise of his 

functions in the case of high treason, of grave violation of, or of repeated violations of the Constitution, or of breach of his duties manifestly incompatible with the exercise of his mandate. 

CONSTITUTIO

[CONSTITUTI

available at h

docs/ELECT8/Madagasca2010.pdf, arc33WQ. 

Malta Provided that no criminal action shall be prosecuted against the President of Malta in respect of acts done in the 

exercise of the functions of his office. 

CRIMINAL COhttp://www.ju

ument.aspx?ahttps://perma

Mauritania The President of the Republic is not liable for his acts undertaken in the exercise of his functions except in the case 

of high treason. He cannot be charged except by a vote of the absolute majority of the two Assemblies and tried by the Supreme Court of Justice. 

MAURITANIA

http://www.a

Arabic), archKKNH. 
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

Myanmar 2008 Constitution: 

No proceeding shall be instituted against the said Councils or any member thereof or any member of the 

Government [meaning Councils and the Government that existed before the new government was established under the 2008 Constitution], in respect of any act done in the execution of their respective duties. Former Presidents’ Security Law: The text of the law is not available in English. According to a news article, the law states that former presidents are “immune from any prosecution for his actions during his term in accordance with the law.” (San Yamin Aung, Outgoing Parliament Approves Presidential Protection, Immunity Bill, IRRAWADDY (Jan. 28, 2016), 

https://www.irrawaddy.com/news/burma/outgoing-parliament-approves-presidential-protection-immunity-bill.html, 

archived at https://perma.cc/GD4P-UN3S.) 

CONSTITUTIO

OF MYANMAR 

gov.mm/moiof_Myanmarhttps://permaFormer PresiHluttaw Law https://myanmspip.php?pagarchived at h

Namibia After a President has vacated that office: 

(a) no Court may entertain any action against him or her in any civil proceedings in respect of any act done in his or 

her official capacity as President; (b) a civil or criminal Court shall only have jurisdiction to entertain proceedings against him or her, in respect of acts of commission or omission alleged to have been perpetrated in his or her personal capacity whilst holding 

office as President, if Parliament by resolution has removed the President on the grounds specified in this Constitution and if a resolution is adopted by Parliament resolving that any such proceedings are justified in the public interest notwithstanding any damage such proceedings might cause to the dignity of the office of President. 

NAMIBIA CONhttps://laws.p

namibian-conat https://perm

Niger The President of the Republic is not responsible for the acts accomplished in the exercise of his functions except in 

the case of high treason. He is judged by the High Court of Justice. 

There is high treason when the President of the Republic violates his oath, refuses to obey an order of the Constitutional Court, is recognized as the author, co-author, or accomplice of grave and manifest violations of human rights, of fraudulent cession of a part of the national territory, of compromising the national interests in the 

matters of administration of the natural resources and the subsoil and of the introduction of toxic wastes inside the national territory. The forfeiture is declared by the Constitutional Court at the end of the procedure before the High Court of Justice according to the provisions of this Constitution. The High Court of Justice is competent to judge the members of the Government for the reason of the acts qualified 

as crimes or misdemeanors committed in the exercise, or on the occasion of the exercise off, their functions. 

CONSTITUTIO

[CONSTITUTI

http://www.c

niger.org/docarchived at h
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

Russia Article 3. Inviolability of the Former President of the Russian Federation 

The former President of the Russian Federation enjoys immunity. He cannot be held criminally or administratively liable for acts committed by him during his term of office as the President of the Russian Federation, or be detained, arrested, searched, interrogated, or personally inspected. 

The immunity of the former President of the Russian Federation extends to his residential and office premises, 

vehicles used by him, means of communication, his other documents, his luggage, and his correspondence. The former President of the Russian Federation may be stripped of immunity in case a criminal investigation of a grave crime committed by him during his term of office is initiated, and the termination of immunity is approved by both houses of the national legislature. 

Federal Law Guarantees to Federation WFunctions anSOBRANIE ZA

FEDERATSII (

617, last amehttp://constitu

(official vershttps://perma

Rwanda Art. 105 – The President of the Republic ceases to hold office if he or she is definitively sentenced by the Supreme 

Court for treason or a serious and deliberate violation of the Constitution. The decision authorizing charges to be filed against the President of the Republic in the Supreme Court is taken by a 

two-thirds (2/3) majority vote of members of each Chamber of Parliament in a joint sitting. Art. 114 – A former President of the Republic cannot be prosecuted for treason or serious and deliberate violation 

of the Constitution when no legal proceedings in respect of that offence were brought against him or her while in office. 

CONSTITUTIO

2003 REVISED 

http://mininfr

raft/RWANDOfficial_Gazarchived at h

Senegal The President of the Republic is only responsible for the acts accomplished in the exercise of his functions in the 

case of high treason. He may only be impeached by the two assemblies, deciding by an identical vote by secret ballot, with a majority of three-fifths of the members composing them; he is judged by the High Court of Justice. 

CONSTITUTIO

SENEGAL] artspip.php?artihttps://perma

Sudan The President of the Republic and the First Vice President has immunity against any legal proceedings and they 

cannot be accused or sued in any court of law during their term in office. Without violating the above paragraph the President of the Republic or the First Vice President may be charged before the Constitutional Court by a decision of three-fourths of the members of the National Legislative Body for high treason or for disgraceful conduct related to State affairs. 

INTERIM CON

SUDAN art. 6

الي_لعام_2005

9.87.D8.A7.Dat https://permtranslation avorg/docid/4bhttps://perma

Syria The President of the Republic is not liable for the actions he undertakes in the performance of his duties except for 

high treason. 

CONSTITUTIO

art. 117, avaiiq/images/Coarchived at h
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

Tajikistan Art. 5 – Immunity of the Founder of Peace and National Unity – Leader of the Nation 

1. The Founder of Peace and National Unity – The Leader of the Nation has the right to immunity. He cannot be held liable for actions committed during the term of his office as the Chairman of the Supreme Council of the Republic of Tajikistan – the Head of State, the President of the Republic of Tajikistan and the Founder of Peace and National Unity – the Leader of the Nation. 2. It is prohibited to detain, arrest, search, and subpoena the Founder of Peace and National Unity – the Leader of 

the Nation. 3. Immunity extends to private property, as well as to the property of family members, to residential and office premises, transportation, means of communications, correspondence and documents belonging to the Founder of Peace and National Unity – the Leader of the Nation. 

Constitutionaon the FoundThe Leader o2016, ABKHO

TAJIKISTAN (

872, http://ww

128047 (in Rhttps://perma

Togo The High Court of Justice is the sole jurisdiction competent to take cognizance of the infractions committed by the 

President of the Republic. The political responsibility of the President of the Republic is only engaged in case of high treason. 

CONSTITUTIO

[CONSTITUTI

http://www.a

2015/pdf/Conhttps://perma

Trinidad and Tobago 

1. Subject to section 36 [which provides a procedure for removal from office], the President shall not be answerable 

to any court for the performance of the functions of his office or for any act done by him in the performance of 

those functions. 

CONSTITUTIO

AND TOBAGO 

38(1), availa

lexdocs/lawshttps://perma

Turkmenistan Art. 18 – Immunity of the President of Turkmenistan, Who Has Ceased to Exercise His Powers, and Immunity of 

the Members of His Family 1. The President of Turkmenistan, who has ceased to exercise his powers (hereinafter referred to as the exPresident), enjoys immunity. He cannot be held criminally or administratively liable for acts committed by him 

during the period of execution of the powers of the President of Turkmenistan, or be detained, arrested, searched, 

questioned, or personally inspected if the said actions are taken in connection with the execution of the powers of 

the President of Turkmenistan. The immunity of the ex-President and his family members extends to the residential and office premises occupied by them, their vehicles, means of communication, documents and luggage belonging to them, [and] their correspondence. 2. The ex-President may be deprived of immunity if a criminal case is instituted in connection with the commission of a grave crime. 

Law of TurkmTurkmenistanVEDOMOSTI M

(official gazeturkmenbusinistana-o-prezarchived at h
Immunity from Prosecution for Former Presidents in Selected Jurisdictions 

The Law Library of Congress 

Country Text of Legal Provision 

Uruguay Art. 172 – The President of the Republic may not be impeached except in the manner indicated in Article 93, and 

even then, only while he holds office or within six months thereafter, during which time he shall be subject to 

residence requirements, unless authorization to leave the country is granted by an absolute majority of the votes of the full membership of the General Assembly meeting in joint session. 

If the impeachment is approved by a two-thirds vote of the total membership of the Chamber of Representatives, the 

President of the Republic shall be suspended from office. Art. 93 – The Chamber of Representatives has the exclusive rights of impeachment, before the Chamber of Senators, of the members of both Chambers, of the President and Vice President of the Republic, the Ministers of 

State, the members of the Supreme Court of Justice, the Contentious-Administrative Tribunal, the Court of Accounts, and of the Electoral Court, for violation of the Constitution or for other serious offenses, after taking cognizance of the matter upon petition by a party or by one of its members, and having decided that there are 

grounds for prosecution. 

CONSTITUCIO

URUGUAY art

1967, with am

esiglo.com.uy63_ConstitucUruguay.pdf, KYZS. 

Uzbekistan Art. 2 – Immunity of the President of the Republic of Uzbekistan 

Inviolability and immunity is also enjoyed by the ex-President of the Republic of Uzbekistan throughout his life. 

An ex-President of the Republic of Uzbekistan cannot be subject to criminal or other responsibility for actions 

related to the execution of the powers of the President of the Republic of Uzbekistan. He cannot be detained, 

interrogated, searched, or personally inspected. 

Law of the REssential GuaPresident of tII of April 25

RESPUBLIKI U

4, 2003, item 

GetAct.aspx?archived at h