Re N

• Jurisdicción: Argentina
• Fecha: 11 Diciembre 1958
• Emisor: Justices of Peace (Argentina)

Argentina, Cmara de Apelaciones del Tribunal Municipal de Faltas.

Re N.

DIPLOMATIC AND CONSULAR INTERCOURSE AND PRIVILEGES

Permanent diplomatic envoys Privileges and immunities of Diplomatic envoys and their staff Whether exempt from application of local traffic laws Jurisdiction of local courts The law of Argentina.

Consuls Privileges and immunities of Whether Consul exempt from application of local traffic law Jurisdiction of local courts The law of Argentina.

The Facts.The Tribunal Municipal de Faltas, or Magistrate's Court, of Buenos Aires, is an administrative court which deals with infringements of municipal ordinances. In the present case, the appellate division of the municipal courts addressed itself to the problem of jurisdiction over infractions of municipal ordinances committed by diplomatic and consular officers.

Held: that the Magistrate's Court could not assume jurisdiction over infractions of municipal ordinances committed by diplomatic and consular officers.

The Court said: The matter before us arises out of charges against diplomats, consuls, and other personnel of foreign missions accredited to this country for infractions of local ordinances which have been brought before this Court. An examination of the various incidentssome of them disagreeablein which the alleged offenders have denied the charges, refused to answer summonses issued by the Traffic Division, or in which the Protocol Office of the Ministry of Foreign Relations has intervened, gives rise to the following questions:

(a) May local authorities prosecute diplomatic or consular officers for infractions of municipal ordinances;

(b) If the above question is answered in the affirmative, what court has jurisdiction over such offences;

(c) What is the appropriate procedure for bringing such offences...