SECTION II .
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CAREER CONSULAR OFFICERS AND
OTHER MEMBERS OF A CONSULAR POST
Article 40
Protection of consular officers
The receiving State shall treat consular officers with due respect and shall take all appropriate
steps to prevent any attack on their person, freedom or dignity.
Article 41
Personal inviolability of consular officers
1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a
grave crime and pursuant to a decision by the competent judicial authority.
2. Except in the case specified in paragraph 1 of this article, consular officers shall not be
committed to prison or be liable to any other form of restriction on their personal freedom save in
execution of a judicial decision of final effect.
3. If criminal proceedings are instituted against a consular officer, he must appear before the
competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by
reason of his official position and, except in the case specified in paragraph 1 of this article, in a manner
which will hamper the exercise of consular functions as little as possible. When, in the circumstances
mentioned in paragraph 1 of this article, it has become necessary to detain a consular officer, the
proceedings against him shall be instituted with the minimum of delay.
Article 42
Notification of arrest, detention or prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of
criminal proceedings being instituted against him, the receiving State shall promptly notify the head of
the consular post. Should the latter be himself the object of any such measure, the receiving State shall
notify the sending State through the diplomatic channel.
Article 43
Immunity from jurisdiction
1. Consular officers and consular employees shall not be amenable to the jurisdiction of the
judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of
consular functions.
2. The provisions of paragraph 1 of this article shall not, however, apply in respect of a civil
action either:
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