Beginning and end of privileges and immunities

The beginning and end of privileges and immunities are governed by Article 39 of the VCDR in association with Article 10 thereof and Article 53 of the VCCR in association with Article 24 thereof.

As a rule, the abovementioned privileges and immunities begin when notification is effected:

• in the case of a visa application, on entry
• without notification not until registration
• end with departure from Germany / end of posting
  

Limited immunity in the case of German nationality

In accordance with Article 38 of the Vienna Convention on Diplomatic Relations or Article 71 of the Vienna Convention on Consular Relations, home-based members of diplomatic missions or career consular posts who possess German nationality (even if dual nationals) as a rule enjoy immunity from jurisdiction and inviolability only in respect of official acts performed in the exercise of their functions (“functional immunity”).

Their family members have no privileges or immunity from jurisdiction.

Limited immunity in the case of permanent residence

For home-based members of diplomatic missions or career consular posts who have been in the receiving State for more than ten years, the regulations set out in the information on length of residence and permanent residence apply.

Administrative and criminal offences

If members of diplomatic missions or career consular posts or members of their families commit an administrative or criminal offence, the judicial authorities will communicate the outcome of their investigations into the matter to the Federal Foreign Office.

All administrative and criminal offences committed by members of diplomatic missions or career consular posts in Germany are recorded at the Federal Foreign Office, which will, depending on the severity of the offence, decide what measures are to be taken.

You can find further information on traffic offences in the information on conduct in road traffic.