Perjury
Article 335
A witness, expert witness, translator or interpreter who gives false testimony before a court, in disciplinary, misdemeanour or administrative proceedings, or in another procedure established by law, shall be punished by imprisonment of up to three years.
Obstruction of Justice
Article 336b
Whoever encourages resistance to or failure of judicial decisions, or otherwise obstructs court proceedings, shall be punished by imprisonment of up to three years and a fine.
Assault on a Lawyer*
Article 336c*
Whoever assaults a lawyer or a member of his family, and in relation to the profession of a lawyer,
shall be punished by imprisonment of three months to three years. *
If, during the commission of an offence from paragraph 1 of this Article, the offender inflicts light bodily injury to a lawyer or a member of his family or threatens with use of weapon,
he/she shall be punished by imprisonment of six months to five years.
If, during the commission of the offence from paragraph 1 of this Article, the offender inflicts heavily bodily injury to a lawyer or a member of his family,
he/she shall be punished by imprisonment of one to eight years.*
Whoever destroys, damages or makes an item in the ownership of lawyer or his family member, useless,
he/she shall be punished by a fine or imprisonment of two years.*
Trading in Influence-Peddling
Article 366
Whoever solicits or accepts, directly or through a third party, a reward or any other benefit for himself or another in order to use his or her official or social position, or his or her actual or assumed influence, to intercede for the performance or omission of an official action, shall be punished with imprisonment from six months to five years.
Whoever makes a promise or an offer, or gives to another, directly or through a third party, a gift, reward or any other benefit so that they would use their official or social position, or their actual or assumed influence, to intercede for the performance or omission of an official action, shall be punished with imprisonment of up to three years.
Whoever abuses his or her official or social position, or his or her actual or assumed influence, to intercede for the performance of an official action that should not be performed, or for the omission of an official action that should have been performed, shall be punished by imprisonment from one year to eight years.
Whoever makes a promise or an offer, or gives to another, directly or through a third party, a gift, reward or any other benefit so that they would use their official or social position, or their actual or assumed influence, to intercede for the performance of an official action that should not be performed, or for the omission of an official action that should have been performed, shall be punished by imprisonment from six months to five years.
If, for the act of interceding referred to in paragraph 3, any solicited or received gift or any other benefit has been received, the offender shall be punished by imprisonment from two to ten years.
Trading in Influence-Peddling
Article 366
Whoever solicits or accepts, directly or through a third party, a reward or any other benefit for himself or another in order to use his or her official or social position, or his or her actual or assumed influence, to intercede for the performance or omission of an official action, shall be punished with imprisonment from six months to five years.
Whoever makes a promise or an offer, or gives to another, directly or through a third party, a gift, reward or any other benefit so that they would use their official or social position, or their actual or assumed influence, to intercede for the performance or omission of an official action, shall be punished with imprisonment of up to three years.
Whoever abuses his or her official or social position, or his or her actual or assumed influence, to intercede for the performance of an official action that should not be performed, or for the omission of an official action that should have been performed, shall be punished by imprisonment from one year to eight years.
Whoever makes a promise or an offer, or gives to another, directly or through a third party, a gift, reward or any other benefit so that they would use their official or social position, or their actual or assumed influence, to intercede for the performance of an official action that should not be performed, or for the omission of an official action that should have been performed, shall be punished by imprisonment from six months to five years.
If, for the act of interceding referred to in paragraph 3, any solicited or received gift or any other benefit has been received, the offender shall be punished by imprisonment from two to ten years.
Article 367
An official who, directly or indirectly, solicits or accepts a gift or other benefit, or the promise of a gift or other benefit for himself or another to perform an official act within his competence or in relation to his competence that should not be performed, or not to perform an official act that should be performed, shall be punished with imprisonment of two to twelve years.
An official who, directly or indirectly, solicits or accepts a gift or other benefit, or a promise of a gift or benefit for himself or another to perform an official act within his competence or in relation to his competence that he is obliged to perform, or not to perform an official act that should not be performed, shall be punished with imprisonment of two to eight years.
An official who commits the offence specified in paragraphs 1 and 2 of this Article in respect of uncovering, instigating or conducting criminal proceedings, or the pronouncement or enforcement of criminal sanctions, shall be punished with imprisonment from three to fifteen years.
An official who, after performing or failing to perform an official act specified in paragraphs 1, 2 and 3 of this Article, solicits or accepts a gift or other benefit in relation thereto, shall be punished with imprisonment from three months to three years.
A foreign official who commits the offence specified in paragraphs 1 through 4 of this Article shall be punished by the penalty prescribed for that offence.
A responsible officer in an enterprise, institution or other entity not involved in pursuit of an economic activity, who commits the offence specified in paragraphs 1, 2 and 4 of this Article, shall be punished by the penalty prescribed for that offence.
The received gift or material gain shall be seized.
Trading in Influence-Peddling
Article 366
Whoever solicits or accepts, directly or through a third party, a reward or any other benefit for himself or another in order to use his or her official or social position, or his or her actual or assumed influence, to intercede for the performance or omission of an official action, shall be punished with imprisonment from six months to five years.
Whoever makes a promise or an offer, or gives to another, directly or through a third party, a gift, reward or any other benefit so that they would use their official or social position, or their actual or assumed influence, to intercede for the performance or omission of an official action, shall be punished with imprisonment of up to three years.
Whoever abuses his or her official or social position, or his or her actual or assumed influence, to intercede for the performance of an official action that should not be performed, or for the omission of an official action that should have been performed, shall be punished by imprisonment from one year to eight years.
Whoever makes a promise or an offer, or gives to another, directly or through a third party, a gift, reward or any other benefit so that they would use their official or social position, or their actual or assumed influence, to intercede for the performance of an official action that should not be performed, or for the omission of an official action that should have been performed, shall be punished by imprisonment from six months to five years.
If, for the act of interceding referred to in paragraph 3, any solicited or received gift or any other benefit has been received, the offender shall be punished by imprisonment from two to ten years.
Article 367
An official who, directly or indirectly, solicits or accepts a gift or other benefit, or the promise of a gift or other benefit for himself or another to perform an official act within his competence or in relation to his competence that should not be performed, or not to perform an official act that should be performed, shall be punished with imprisonment of two to twelve years.
An official who, directly or indirectly, solicits or accepts a gift or other benefit, or a promise of a gift or benefit for himself or another to perform an official act within his competence or in relation to his competence that he is obliged to perform, or not to perform an official act that should not be performed, shall be punished with imprisonment of two to eight years.
An official who commits the offence specified in paragraphs 1 and 2 of this Article in respect of uncovering, instigating or conducting criminal proceedings, or the pronouncement or enforcement of criminal sanctions, shall be punished with imprisonment from three to fifteen years.
An official who, after performing or failing to perform an official act specified in paragraphs 1, 2 and 3 of this Article, solicits or accepts a gift or other benefit in relation thereto, shall be punished with imprisonment from three months to three years.
A foreign official who commits the offence specified in paragraphs 1 through 4 of this Article shall be punished by the penalty prescribed for that offence.
A responsible officer in an enterprise, institution or other entity not involved in pursuit of an economic activity, who commits the offence specified in paragraphs 1, 2 and 4 of this Article, shall be punished by the penalty prescribed for that offence.
The received gift or material gain shall be seized.
Bribery
Offering Bribes
Article 368
Whoever makes or offers a gift or other benefit to an official or another person, within his or her official competence or in relation to his or her competence, to perform an official act that should not be performed, or not to perform an official act that should be performed, or who acts as intermediary in such bribery of an official, shall be punished by imprisonment from six months to five years.
Whoever makes or offers a gift or other benefit to an official or another person, within his or her official competence or in relation to his or her competence, to perform an official act that he or she is obliged to perform, or not to perform an official act that he or she may not perform, or who acts as intermediary in such bribery of an official, shall be punished by imprisonment up to three years.
Provisions of paragraphs 1 and 2 of this Article shall also apply when a bribe is given, offered or promised to a foreign official.
The offender referred to in paragraphs 1 through 3 of this Article who reports the offence before becoming aware that it has been detected may be remitted from punishment.
Provisions of paragraphs 1, 2 and 4 of this Article shall also apply when a bribe is given, offered or promised to a responsible officer in an enterprise, institution or other entity not involved in an economic activity.
A gift or other benefit seized from the person accepting the bribe may, in the case referred to in paragraph 4 of this Article, be returned to the person giving the bribe.
Bribery
Offering Bribes
Article 368
Whoever makes or offers a gift or other benefit to an official or another person, within his or her official competence or in relation to his or her competence, to perform an official act that should not be performed, or not to perform an official act that should be performed, or who acts as intermediary in such bribery of an official, shall be punished by imprisonment from six months to five years.
Whoever makes or offers a gift or other benefit to an official or another person, within his or her official competence or in relation to his or her competence, to perform an official act that he or she is obliged to perform, or not to perform an official act that he or she may not perform, or who acts as intermediary in such bribery of an official, shall be punished by imprisonment up to three years.
Provisions of paragraphs 1 and 2 of this Article shall also apply when a bribe is given, offered or promised to a foreign official.
The offender referred to in paragraphs 1 through 3 of this Article who reports the offence before becoming aware that it has been detected may be remitted from punishment.
Provisions of paragraphs 1, 2 and 4 of this Article shall also apply when a bribe is given, offered or promised to a responsible officer in an enterprise, institution or other entity not involved in an economic activity.
A gift or other benefit seized from the person accepting the bribe may, in the case referred to in paragraph 4 of this Article, be returned to the person giving the bribe.
Article 376
If the defendant or another person commits during the trial a criminal offence which is prosecutable ex officio, the president of the panel will notify the competent public prosecutor thereof.
If there are grounds for suspicion that a witness, expert witness or professional consultant has perjured himself at the trial, the president of the panel will order taking of a special record made of the testimony given by the witness, expert witness or professional consultant which will be delivered to the competent public prosecutor after being signed by the questioned witness, expert witness or professional consultant , or after the president of the panel notes that they have refused to sign it and lists the reasons for that refusal.
Article 401
Before the commencement of the examination of a witness, expert witness or professional consultant, the president of the panel will caution him:
that perjury, or presentation of false finding or opinion, represents a criminal offence;
that he was sworn in before the trial;
about the duty of a witness to tell the truth and to omit nothing during examination, or the duty of an expert witness to present his findings and opinion accurately and fully.
The president of the panel will before the commencement of the examination ask a witness or expert witness or professional consultant who had not been sworn in before the trial to do so.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.