GENERAL PART

CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY

Perjury
Article 335

(1) A witness, expert witness, translator or interpreter who gives false testimony before a court, in disciplinary, misdemeanour or administrative proceeding or other procedure established by law,
shall be punished by imprisonment up to three years.

(2) The penalty specified in paragraph 1 of this Article shall also be imposed on the party who, during presentation of evidence by testimony of parties in judicial or administrative proceedings, gives a false statement and such statement serves as grounds for disposition in such proceedings.

(3) If perjury is committed in criminal proceedings or under oath, the offender shall be punished by imprisonment of three months to five years.

(4) If the offences specified in paragraph 3 resulted in particularly grave consequences for the accused, the offender shall be punished by imprisonment of one to eight years.

(5) The offender who voluntarily revokes false testimony prior to final disposition may be remitted from punishment.

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.

The penalty specified in paragraph 1 of this Article shall also be imposed on a party who, during presentation of evidence by testimony of parties in judicial or administrative proceedings, gives a false statement and such statement serves as grounds for disposition in such proceedings.

If perjury is committed in criminal proceedings or under oath, the offender shall be punished by imprisonment from three months to five years.

If the offences referred to in paragraph 3 resulted in particularly serious consequences for the accused, the offender shall be punished by imprisonment from one to eight years.

The offender who voluntarily revokes false testimony prior to final disposition may be remitted from punishment.

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.