Soliciting or accepting a bribe as an official of the Court

Spain

Criminal Code 1995 (2013)

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.

Organic Law No. 6/1985 on the Judicial Power on the 1985 (2007)

VOLUME IV
JUDGES

TITLE III
Judges’ liabilities

CHAPTER III
DISCIPLINARY LIABILITY

Article 417.

The following are deemed to be extremely serious offences :

4. The interference, through orders or pressure of any other type, in another Judge's exercise of their jurisdictional powers.

VOLUME IV
JUDGES

TITLE III
Judges’ liabilities

CHAPTER III
DISCIPLINARY LIABILITY

Article 417.

The following are deemed to be extremely serious offences :

13. Abuse of the post of Judge to obtain favourable and unjustified treatment from authorities, civil servants or Professionals.

VOLUME IV
JUDGES

TITLE III
Judges’ liabilities

CHAPTER III
DISCIPLINARY LIABILITY

Article 418.

The following are deemed to be serious offences :

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.

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court 2003

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

Article 471 Bis
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.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.