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 420.

1. Sanctions which may be imposed on Judges for offences committed in the performance of their duties are as follows :
a) Warning.
b) Fine of up to 6,000 euros.
c) Compulsory transfer to a Court or Tribunal separated by at least one hundred kilometres from that to which the Judge had been assigned.
d) Suspension of up to three years.
e) Dismissal.

The judge sanctioned with compulsory transfer shall be unable to compete in examinations for a term of one to three years. The duration of the prohibition on competing shall necessarily be determined by the decision finalising the procedure.

2. Minor offences may only be sanctioned with a warning or a fine of up to fifty thousand pesetas or with both; serious offences with a fine of fifty one thousand up to five hundred thousand pesetas, and extremely serious offences shall be sanctioned with suspension, compulsory transfer or dismissal.

3. Sanctions imposed for extremely serious offences shall be prescribed within two years; those for serious offences within a year; and minor offences within the term established in the Criminal Code for prescription of offences. Said terms of prescription shall be computed from the date following the day the decision of the sanctioning body becomes final.

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.