Consular Immunity from Criminal Liability: Features of Legal Regulation

The article analyzes the legal foundations of consular immunity from criminal liability. The provisions of the Vienna Convention on Consular Relations of 1963, the Consular Charter of the Russian Federation, and other regulatory acts are examined. The functional nature of immunity, which applies only to acts performed in the course of official duties, is revealed. A comparative analysis of consular and diplomatic immunities is conducted (Brownlie, 2019; Denza, 2016). The problems of law enforcement related to distinguishing between official and private acts are highlighted using case law from the US and the EU (Arrest Warrant Case, 2002; Commonwealth v. Jerez, 1983). It is concluded that consular immunity is balanced: it protects state interests without creating a «zone of impunity» for personal crimes. The study uses formal-legal, comparative-legal methods, and case analysis. The results may be useful for law enforcement officers, diplomats, and researchers of international law.

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Publication Details

Journal
Advances in Law Studies
Published
2026-06-30
DOI
https://doi.org/10.29039/2409-5087-2026-14-2-41-45
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

Consular Immunity from Criminal Liability: Features of Legal Regulation

Mariya Budeeva
Advances in Law Studies
International Law and Human Rights
article

Consular Immunity from Criminal Liability: Features of Legal Regulation

Mariya Budeeva
article en

Abstract

The article analyzes the legal foundations of consular immunity from criminal liability. The provisions of the Vienna Convention on Consular Relations of 1963, the Consular Charter of the Russian Federation, and other regulatory acts are examined. The functional nature of immunity, which applies only to acts performed in the course of official duties, is revealed. A comparative analysis of consular and diplomatic immunities is conducted (Brownlie, 2019; Denza, 2016). The problems of law enforcement related to distinguishing between official and private acts are highlighted using case law from the US and the EU (Arrest Warrant Case, 2002; Commonwealth v. Jerez, 1983). It is concluded that consular immunity is balanced: it protects state interests without creating a «zone of impunity» for personal crimes. The study uses formal-legal, comparative-legal methods, and case analysis. The results may be useful for law enforcement officers, diplomats, and researchers of international law.

Advances in Law StudiesVol. 14(2)
Siberian Federal University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
International Law and Human Rights
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