1. Diplomatic personnel enjoy criminal immunity.
2. Diplomatic immunity applies to any diplomatic representative, whether he is a permanent representative or a temporary special envoy, including his limited dependents, such as spouse, minor children and unmarried adult daughters. Details are as follows:
(1) Diplomatic representatives of foreign embassies in China and their families.
(2) Foreign heads of state and government, foreign ministers and other officials with the same status visit China.
(3) Foreign diplomatic representatives in third countries who pass through China and their spouses and minor children who live with them.
(4) Foreign officials who come to China with China diplomatic visas or passports (visa-free countries only).
(5) Other foreigners who enjoy the privileges and immunities stipulated in this article with the consent of the China Municipal Government.
Characteristics of criminal immunity:
1, immunity is a professional privilege. Immunity is the exclusive right given to defense lawyers by law. Other subjects in criminal proceedings, such as agents ad litem, witnesses and expert witnesses, do not enjoy this right. Immunity is the inevitable demand of the prosecution and defense litigation mode, and it is also an important guarantee to realize the balance of rights between the prosecution and defense.
2. Immunity is a procedural right. Immunity only occurs in criminal proceedings and related procedures, and the personal behavior and related speeches of defense lawyers outside their professional activities are not protected by this privilege. If a lawyer knows the relevant facts of other cases outside his practice activities,
3. Immunity is an irrevocable right. Immunity is based on the entrustment of the parties or the designation of the court. Its purpose is to protect the legitimate rights and interests of the parties, ensure substantive justice and procedural justice, and thus realize the fundamental task of punishing crimes and safeguarding human rights in the criminal procedure law.
To sum up, it means that in criminal proceedings, based on the entrustment of criminal suspects and defendants, the law gives defense lawyers the right to refuse to testify to judicial organs on matters related to their clients, and they will not be investigated and punished by relevant laws because of their legal practice.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 26 1
Civil proceedings brought against foreigners, foreign organizations or international organizations enjoying diplomatic privileges and immunities shall be handled in accordance with the relevant laws of People's Republic of China (PRC) and the provisions of international treaties concluded or acceded to by People's Republic of China (PRC).