BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER III
On covering up

Article 451

Whoever has knowledge of a felony committed and, without having intervened in it as a principal, subsequently intervenes in its execution, in any of the following manners, shall be punished with a sentence of imprisonment of six months to three yearsm :

1. Aiding the principals or accomplices to benefit from the gains, product or price of the offence, without intending personal profit ;

2. Hiding, altering or destroying the evidence, effects or instruments of an offence, to prevent it being discovered ;

3. Aiding the suspected criminals to avoid investigation by the authority or its agents, or to escape search or capture, whenever any of the following circumstances concur :
a) That the act covered up amounts to treason, regicide, the homicide of any of the King’s ascendants or descendents, of the Queen Consort or the Consort of the Queen, the Regent or any other member of the Regency, of the Heir to the Throne, genocide, crimes against humanity, crimes against protected persons and assets in the event of armed conflict, rebellion, terrorism, homicide, piracy, trafficking in human beings or trafficking in human organs ;
b) When the person abetting has acted in abuse of his public functions. In this case, in addition to the punishment of custodial sentence, that of special barring from public employment and office for a term of two to four years shall be imposed if the felony concealed is less serious, and of absolute barring for a term from six to twelve years if it is serious.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER VI
On perjury

Article 458

1. A witness who does not tell the truth in his deposition in a court case shall be punished with imprisonment of six months to two years and a fine of three to six months.

2. If perjury is committed against the accused in a criminal case, the penalties shall be of imprisonment from one to three years and a fine from six to twelve months. If a conviction is handed down due to that deposition, the higher degree penalties shall be imposed.

3. The same penalties shall be imposed if the perjury takes place before International Courts of Law that, by virtue of treaties duly ratified under the Spanish Constitution, exercise powers deriving therefrom, or when committed in Spain on declaring by virtue of letters rogatory issued by a foreign court.

Article 459

The penalties set forth in the preceding Articles shall be imposed in the upper half on experts or interpreters who maliciously misconstrue the truth in their opinion or translation, who shall also be punished with the penalty of special barring from profession or trade, public employment and office, for a term from six to twelve years.

Article 460

Should the witness, expert or interpreter, without substantially misconstruing the truth, alter it with hesitation, inexactness or by silencing relevant facts or data known to him, he shall be punished with the penalty of a fine from six to twelve months and, when appropriate, suspension from public employment and office, profession or trade, of six months to three years.

Article 461

1. Whoever were to knowingly produce false witnesses or misleading experts or interpreters, shall be punished with the same penalties as those established for them in the preceding Articles.

2. Should the offender of such a felony be a solicitor, barrister, chartered labour consultant or representative of the Public Prosecutor, in their professional practice or duties of office, in each case the punishment in its upper half and that of special barring from public employment and office, profession or trade, for a term of two to four years, shall be imposed.

Article 462

Whoever, having committed perjury in a criminal case, retracts in a timely, due manner, declaring the truth in order for it to take effect before judgement is handed down in the proceedings concerned, shall be exempt of punishment. If a custodial sentence has been enforced as a consequence of the perjury, the lower degree penalties shall be imposed.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER VII
On obstruction of justice and professional disloyalty

Article 464

1. Whoever, by means of violence or intimidation directly or indirectly attempts to influence the accuser, a party or the accused, solicitor, barrister, expert, interpreter or witness in proceedings, in order for him to change his behaviour in the proceedings, shall be punished with a sentence of imprisonment of one to four years and a fine from six to twenty- four months.

Should the principal thereof achieve his objective, the punishment shall be imposed in its upper half.

2. The same penalties shall be imposed on whoever commits any act contrary to life, integrity, liberty, sexual freedom or assets, in retaliation against the persons mentioned in the preceding Section, due to their action in the judicial proceedings, without prejudice to the relevant punishment for the offence to which these amount.

Article 465

1. Whoever, when intervening in proceedings as a solicitor or barrister, abusing his duties, destroys, makes void or conceals documents or proceedings notified to him in that capacity shall be punished with a sentence of imprisonment of six months to two years, a fine for seven to twelve months and special barring from his profession, public employment and office of three to six years.

2. Should the acts described in Section one of this Article be perpetrated by a private individual, the punishment shall be a fine of three to six months.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER IX
On felonies against the Judicial Administration of the International Criminal Court

Article 471 bis

1. A witness who intentionally commits perjury in his deposition before the International Criminal Court, being bound to tell the truth pursuant to the rules and regulations of procedure and evidence of that Court, shall be punished with imprisonment from six months to two years. Should the perjury be committed against the accused, the punishment shall be imprisonment from two to four years. Should a conviction be handed down as a consequence of the witness statement, the punishment of imprisonment from four to five years shall be imposed.

2. Whoever presents evidence before the International Criminal Court knowing that it is false or has been forged shall be punished with the penalties stated in the preceding Section of this Article.

3. Whoever intentionally destroys or alters evidence, or interferes with the procedures for giving evidence before the International Criminal Court, shall be punished with a sentence of imprisonment of six months to two years and a fine for seven to twelve months.

4. Whoever bribes a witness, obstructs his appearance or deposition before the International Criminal or interferes with them, shall be punished with a sentence of imprisonment of one to four years and a fine from six to twenty- four months.

5. Whoever obstructs an officer of the Court, bribes or intimidates him, to oblige or induce him not to carry out his duties or to do so unduly, shall be punished with imprisonment from one to four years and a fine from six to twenty- four months .

6. Whoever retaliates against an officer of the International Criminal Court due to the duties he or another officer has carried out shall be punished with a sentence of imprisonment of one to four years and a fine from six to twenty- four months.

The same punishment shall be incurred by whoever retaliates against a witness for his deposition before the Court.

7. Whoever solicits or accepts a bribe as an officer of the Court of Law and in relation to his official duties shall incur a sentence of imprisonment from two to five years and a fine of one to three times the value of the handout solicited or accepted.

VOLUME IV
JUDGES

TITLE III
Judges’ liabilities

CHAPTER III
DISCIPLINARY LIABILITY

Article 416.

2. Extremely serious offences shall be brought to justice within a period of two years ; serious offences, within one year; minor offences within the term stipulated in the Criminal Code for prescription of offences.

The term for action shall commence from the date in which the offence was committed. However, in the case indicated in Article 417.5, the term shall be initiated from the moment the judgment declaring the Judge‟s civil liability becomes final.

3. The prescriptive term shall be interrupted from the date of notification of the decision to initiate disciplinary proceedings or, if appropriate, informative enquiries relating to the conduct investigated by the Judge.

The prescriptive limit shall recommence if the enquiries or the proceedings are stopped for a period of six months due to reasons which are not attributable to the Judge subject to the disciplinary procedure.

Article 417.

The following are deemed to be extremely serious offences:

1. Conscious failure to comply with the duty of loyalty to the Constitution as established in Article 5.1 of this Law, when this is evident in a final judgment.
2. Political parties‟ or unions‟ membership or carrying out work or holding office in their service.
3. Reiterated provocation of serious conflicts with the authorities within the area defining the Judge's duties, on grounds other than the performance of his/her jurisdictional duties.
4. The interference, through orders or pressure of any other type, in another Judge's exercise of their jurisdictional powers.
5. Actions or omissions which have given rise in a final judgment to a statement of civil liability contracted in the performance of their duties due to unlawful conduct or serious negligence pursuant to Article 411 of this Law.
6. The performance of any of the activities incompatible with the post of Judge, established in Article 389 of this Law, except those which constitute a serious offence in accordance with the terms of Article 418.14 of this same Law.
7. Instigating own appointment for Courts and Tribunals when the appointee is in one of the situations of incompatibility or prohibition established in Articles 391 to 393 of this Law, or to maintain the performance of duties in the post in those bodies without informing the General Council of the Judiciary of the circumstances required to proceed to compulsory transfer stipulated in Article 394.
8. The failure to observe the need for abstention while knowingly aware that one of the legally established grounds for abstention is present.
9. Disregard or unjustified and reiterated delay in initiating, processing or ruling in procedures and cases or in the performance of any judicial duties.
10. Abandonment of service or unjustified and continued absence for a period of seven calendar days or more, from the court or judicial body to which the Judge is assigned.
11. Failure to state the truth in applications for leave, authorisations, declarations of compatibility, expenses and financial assistance.
12. Disclosure by the Judge of facts or data made known in the course of his/her duties, when this would damage any proceedings or any person.
13. Abuse of the post of Judge to obtain favourable and unjustified treatment from authorities, civil servants or Professionals.
14. Inexcusable ignorance in fulfilling their judicial duties.
15. A total and manifest lack of grounds for judicial decisions requiring these, provided that the defect has been noted in the final judgment. If the judgment delivered without grounds cannot be appealed, a requirement for proceeding shall be the complaint lodged by whoever was part of the procedure.
16. Perpetration of a serious offence when a Judge who has been previously sanctioned for another two serious offences, which have become final, without the corresponding orders having been cancelled or the cancellation being appropriate, pursuant to the terms of Article 427 of this Law.

Article 418.

The following are deemed to be serious offences:

1. A lack of respect for senior members of the hierarchy in their presence, in writing addressed to said senior members or in an announcement.
2. Enquiring, by means of any type of recommendation into the performance of the jurisdictional activity of another Judge.
3. Addressing congratulations or censure to official powers, authorities, or public servants or corporations for their actions mentioning their rank as Judge or making use of this rank.
4. Correcting the application or interpretation of the legal system made by less senior members of the jurisdictional order, except when exercising jurisdiction.
5. Excess or abuse of authority, serious lack of consideration for citizens, institutions, Clerks of the Court, forensic physicians or any other personnel in the service of the Administration of Justice, members of the Public Prosecution service, Lawyers and Procuradores, Social Workers and members of the Police in the service of the Court.
6. The use in judicial decisions of unnecessary or inappropriate or extravagant or manifestly offensive or disrespectful expressions from the point of view of legal reasoning. In this case, the General Council of the Judiciary shall only proceed in the light of attestation submitted or communication from the High Court in respect of which the judgment was issued, and which is hearing the appeal.
7. Failure to require disciplinary liability from the Clerks of the Court and subordinate ancillary staff when they become aware or should be aware of serious non compliance of said personnel in the performance of their duties
8. Disclosure by the judge and outside the established sources of judicial information facts or data discovered or learnt in the performance of their duties or when this does not constitute an extremely serious offence pursuant to section 12 of Article 417 of this Law.
9. Abandonment of service or unjustified and continued absence for more than three calendar days, and less than seven from the Court to which the Judge is assigned.
10. Unjustified and reiterated non-compliance of the schedule for public hearing and unjustified failure to attend procedural acts in previously announced public hearings, when this does not constitute an extremely serious offence.
11. Unjustified delay in initiating or committing proceedings or cases to be heard by the Judge in the performance of his/her duties when this does not constitute an extremely serious offence.
12. Reiterated non compliance or disregard for requirements which, in the exercise of their legitimate competence, are imposed by the General Council of the Judiciary, the President of the Supreme Court, of the National Court and the High Courts of Justice or Governing Chambers, or the obstruction of the inspection duties of these bodies.
13. Failure to comply with the requirement to compile a list and review of cases pending in the event of the case established in Article 317 section 3 of this Law.
14. Any activity of those deemed to be compatible as referred to in Article 389.5.º of this Law, without obtaining the pertinent authorisation, when required, or having obtained it by omitting the truth in the alleged proposals.
15. Unjustified abstention when declared by the Governing Chamber in conformance with the terms of Article 221.3 of this Law.
16. Adopting decisions in clear abuse of procedures, generating fictitious increments in work volume in respect of the calculation systems set by the General Council of the Judiciary.
17. Obstructing inspection work.
18. The perpetration of a minor fault or offence having been previously sanctioned in a final decision for two other minor faults when these have not been cancelled, or started proceedings to cancellation of the corresponding annotations, pursuant to the terms of Article 427.

Article 419.

The following are deemed to be minor faults or offences:

1. Lack of respect for senior ranks when such circumstances do not constitute a serious offence.
2. Disregard or lack of consideration for officials of equal or lower rank in the hierarchy, citizens, members of the Public Prosecution service, Forensic Physicians, Lawyers and Procuradores, Social Workers, Clerks of the Court or any other personnel working in the service of the Court Office, or for members of the Police in the service of the Court.
3. Unjustified or non-motivated non-compliance with the legally established terms for delivering judgements in any category of case heard by the Judge.
4. Unjustified and continued absence of more than one calendar day and less than four days from the Court to which the Judge is assigned.
5. Disregard for the requirements which, in the exercise of their legitimate competence are imposed by the General Council of the Judiciary, the President of the Supreme Court, of the National Court and the High Courts of Justice or Governing Chambers.

TITLE XX. OFFENCES AGAINST THE ADMINSTRATION OF JUSTICE
CHAPTER IX. OFFENCES AGAINST THE ADMINSTRATION OF JUSTICE OF THE INTERNATIONAL CRIMINAL COURT

Article 471 Bis
1. Any witness who intentionally gives false testimony before the International Criminal Court, being under an obligation to tell the truth pursuant to the substantive provisions and Rules of Procedure and Evidence of that Court, shall be sentenced to six months to two years’ imprisonment. If the false testimony is given against the accused, the sentence shall be two to four years’ imprisonment. If, as a result of the testimony, a guilty verdict is reached, the sentence shall be four to five years’ imprisonment.

2. Anyone who gives evidence before the International Criminal Court knowing that it is false or has been forged shall be sentenced to a term of imprisonment as per the provisions of the preceding paragraph.

3. Anyone who intentionally destroys or tampers with evidence, or interferes with the collection of evidence before the International Criminal Court shall be sentenced to six months to two years’ imprisonment and fined an amount calculated on the basis of a standard rate multiplied by seven to twelve months.

4. Anyone who corruptly influences a witness, obstructs his or her attendance or testimony before the International Criminal Court or interferes with the same shall be sentenced to one to four years’ imprisonment and fined an amount calculated on the basis of a standard rate multiplied by six to twenty-four months.

5. A sentence of between one and four years’ imprisonment and a fine calculated on the basis of a standard rate multiplied by six to twenty-four months shall be imposed on anyone impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform his or her functions or to perform them improperly.

6. Anyone who retaliates against an official of the International Criminal Court as a result of duties that such official or another official has performed shall be sentenced to a period of imprisonment of between one and four years and fined a amount calculated on the basis of a standard rate multiplied by six to twenty-four months.
The same sentence will apply to whoever retaliates against a witness for giving testimony before the Court.

7. Any official of the Court who solicits or accepts a bribe in connection with his or her official duties shall be sentenced to two to five years’ imprisonment and be fined three times the value of the bribe that is solicited or accepted.