Cases of Overlap
When a person, who enjoys a personal immunity and has committed a criminal act covered also by functional immunity, leaves office, the personal immunity is removed as usual. This is what happened in the Pinochet case before the House of Lords. Senator Pinochet was only able to be extradited to face charges that were not caught by the functional immunity (and also met the separate tests for extradition under English law).
Read more about this topic: Immunity From Prosecution (international Law)
Famous quotes containing the words cases of, cases and/or overlap:
“I do not believe in lawyers, in that mode of attacking or defending a man, because you descend to meet the judge on his own ground, and, in cases of the highest importance, it is of no consequence whether a man breaks a human law or not. Let lawyers decide trivial cases.”
—Henry David Thoreau (1817–1862)
“After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice, even as far as men understand it.”
—Henry David Thoreau (1817–1862)
“A lady is nothing very specific. One man’s lady is another man’s woman; sometimes, one man’s lady is another man’s wife. Definitions overlap but they almost never coincide.”
—Russell Lynes (b. 1910)