Diplomatic immunity ethnical scenario
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  Diplomatic immunity ethnical scenario
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Author Topic: Diplomatic immunity ethnical scenario  (Read 799 times)
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BRTD
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« on: December 04, 2012, 11:25:16 PM »

Yes, this is from a TV show.

Police investigating a rape at a party find the likely culprit is the son of a foreign diplomat, and thus protected by diplomatic immunity, and he is released. But someone in the DA's office manages to dig up an obscurish loophole allowing them to revoke diplomatic immunity. Would you consider this OK?

I ask because I know there are a lot of people here that have a real belief in strict adherence to the law and standards and would consider exploiting a loophole like this to go against it even if the person in question is obviously guilty and quite unsympathetic.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: December 05, 2012, 01:05:36 AM »

Sounds like sloppy writing on the part of the writers.  I'm guessing the story involves something stupid like having the alleged perp be someone who would be entitled to diplomatic immunity if they entered the country on official business, but since they entered on their own private business they don't get to claim immunity.  But who would believe such a cockamamie story?  However, please tell me the idiot writers didn't succumb to stereotyping and make the villain an arrogant Frenchman.
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I spent the winter writing songs about getting better
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« Reply #2 on: December 05, 2012, 01:17:06 AM »

Sounds like sloppy writing on the part of the writers.  I'm guessing the story involves something stupid like having the alleged perp be someone who would be entitled to diplomatic immunity if they entered the country on official business, but since they entered on their own private business they don't get to claim immunity.  But who would believe such a cockamamie story?  However, please tell me the idiot writers didn't succumb to stereotyping and make the villain an arrogant Frenchman.

There's actually two people in question, initially one is let go but the prosecutor points out to a judge the other can be held because he is actually Taiwanese and therefore not the son of a diplomat of a recognized country and not subject to diplomatic immunity. The other is a Dutch citizen but the prosecutor gets him to talk (turns out he wasn't actually guilty but was aware of the other one) by pointing out that he dropped a class this semester, thus reducing him to 8 credits at the university he went to, therefore he is no longer a full time student and doesn't inherit his parents' diplomatic immunity.

The protagonist though is actually the defense attorney for the Taiwanese man, with them trying to prove the Dutchman was actually guilty and at first the prosecutor looking like a power tripping jerk. That the Taiwanese guy turns out to be guilty after all is a bit of a twist (though it's definitely not the first time the show did the "this particular prosecutor who often comes across as a power tripping jerk is right and the innocent-looking client is guilty after all" twist).
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Bacon King
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« Reply #3 on: December 05, 2012, 03:45:43 AM »

First off, arresting anyone that's believed to have diplomatic immunity is a major no-no, as is obliging them to serve as a witness or offer any sort of testimony.

Also, diplomatic immunity for adult children still applies in most circumstances, unless the Dutch son was not living in the parents' household and not dependent on them at all.

Lastly, Taiwan's unofficial "diplomats" and their families still get diplomatic immunity just as if they were a recognized foreign state, per the 1980 Agreement on Priveleges, Exemptions, and Immunities between Taiwan and the USA's pseudo-private "institutes."

tl;dr, lazy writers make fake loopholes.
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Link
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« Reply #4 on: December 05, 2012, 08:11:13 PM »

If a person commits a serious crime you can simply ask the person's country to waive immunity and then proceed as usual.  You just have to follow procedure.  But someone can't just go around raping people and claim diplomatic immunity.  You may not have the right to arrest them and hand cuff them initially but you can find out who they are and release them.  Then you check with their government and see if you can proceed.

And I don't think you can unilaterally "revoke" diplomatic immunity.  Either the person had it or they didn't.  If you assumed they had it and later found out they didn't that isn't "revoking."  And diplomatic immunity is not ladled out in the exact same fashion to everyone.  For some people they've got it the entire time they are in the country.  For others they only have it while they are actually doing their job... not on their day off or when they are at a bar having drinks with a hooker.

That's the way these things are set up from the get go so it's not a "technicality" to actually check and see if diplomatic immunity applies.  That's the way the treaties are set up.
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