Can a US diplomat's wife be charge for a crime?

Question

A Filipino citizen is married to a US diplomat can she have immunity as well or she can still be charge of any crime?

Answer 1

Unfortunately, many of these answers are incorrect. As this could potentially be an issue with legal ramifications, it is important that your friend also be in contact with a lawyer regarding any criminal accusations or charges.



On the issue of diplomatic immunity, the answer is an unequivocal NO. Diplomats have diplomatic immunity, consuls and consular officers have limited diplomatic immunity, but family members enjoy no such protection anywhere in the world, regardless of rank. Even wives or husbands of ambassadors are not granted diplomatic immunity.



A US diplomat is an individual nominated by congress and confirmed in writing by the president of the United States. While family members may legally hold a diplomatic passport, and may be entitled to certain limited rights as a holder of a diplomatic passport, they are never extended diplomatic immunity.



If your friend is a Filipino citizen living in the Phillippines, she is subject to any and all laws. Her husband cannot intercede for her, nor can he use any diplomatic privileges to block her sentence (or, for that matter, prevent her from getting a divorce or keeping custody of her children). Diplomatic immunity simply prevents a diplomat from prosecution by the government of the country to which he is accredited.

Answer 2

It depends on the level of the diplomat. For instance if it were the ambassador to the Philippines from the U.S. then certainly, diplomatic immunity applies to spouses children etc. If the person is diplomatic support staff, then it varies. More often than not they do have diplomatic immunity regarding immediate family including spouses, however, the U.S. will more than likely choose to waive the immunity if there is real evidence of a crime, so as to avoid an international incident. Therefore, if a real crime, with solid evidence was committed, you will more than likely be charged and convicted.

Answer 3

Problem is she's a Philippines citizen residing in Philippines, she's not a foreign national in Philippines on a diplomatic passport. She probably does not have diplomatic immunity while in her country of citizenship.



If she carried a diplomatic passport while in a foreign country, it would be different. But she is not an accredited foreign diplomat while in her country of citizenship. And she is not an accredited diplomat of the Philippines, therefore she will never get a Philippines diplomatic passport. Until her husband's country issues her a diplomatic passport from hubby's country, she has a problem. Only way out would be to contact hubby's country's consulate and let the diplomats smooth things over.

Answer 4

You ask a good, straightforward, "Yes or No" question. But you don't provide enough info for a good answer. The US diplomat certainly has diplomatic immunity. When he and his Filipina wife arrived, did he ask for similar immunity for his family members? If so, and *if* the Philippine Government granted diplomatic immunity to someone with a domestic passport, then she has diplomatic immunity.



Diplomatic immunity is granted on a person-by-person basis. The embassy asks, the foreign ministry grants individual immunities. Being married to a person who has diplomatic immunity is a good basis to request immunity, but does not guarantee that the person will be graned immunity.



A marital relatiionship with a diplomat does not, by itself, grant diplomatic immunity. So unless you can tell us that the woman has already been granted diplomatic immunity, a "yes-or-no" answer is impossible. ... Take care!

Answer 5

Yes, diplomatic immunity applies also to the spouses of diplomats when the diplomat and his family are posted abroad.



It could be a problem for her though if she ever wants to divorce him in the Phillipines or to claim child support because her husband as a diplomat can block that by claiming diplomatic immunity.

http://legal-dictionary.thefreedictionary.com/Diplomatic+Immunity

Answer 6

she can be charged of course



if she is Filipino citizen who lives in United States and commits a crime then she must demand to speak with the Filipino consul in US.It is her right.

Answer 7

She can be charged.