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

Kazakhstan

Kazakhstan - Criminal Code 2014 (2023) EN

Article 415. Compulsion of evidence
Compulsion of suspected, accused, injured, witness of evidence, filing of application on committed crime or compulsion of failure to give evidence, or compulsion of expert of giving conclusion by use of threats, blackmail or other illegal actions on the part of prosecutor or person, executing prejudicial investigation, -
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to four years, or imprisonment for the same term, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to four years.


Article 416. Falsification of evidences and operational-search, counterintelligence materials

1. Falsification of evidences on civil case by person, participating in the case, or by his (her) representative –
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term.

2. Falsification of evidences on the cases on administrative infractions, committed by civil servant, authorized to drawing up protocol on administrative infractions, -
shall be punished with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with the deprivation of the right hold certain positions or engage in certain activities for up to five years.

3. Falsification of investigative, counterintelligence materials or protocols of secret investigative actions or annexes to them by an official of the body, carrying out operational-investigative, counterintelligence activities, –
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to six years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to six years.

4. Falsification of evidences in the course of criminal proceedings by person, executing prejudicial investigation, prosecutor, specialist, participating in the procedural actions, or defence counsel –
shall be punished with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to seven years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.

5. The actions, provided by first, second, third or fourth parts of this Article, entailed imposition of illegal sentence, decision or other judicial act, -
shall be punished with imprisonment for a term of three to eight years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.

6. Tampering with evidence in a criminal proceeding on a crime against sexual inviolability of a minor, a grave or especially grave crime, as well as entailing grave consequences, -
shall be punished with imprisonment for a term of five to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to eight years.

Article 422. Bribery or compulsion to give false evidences or evasion of giving evidences, false conclusion or to erroneous translation

1. Bribery of a witness, injured person in order to give by them the false evidences or expert in order to give by him (her) false conclusion or false evidences, as well as translator in order to make him (her) erroneous translation –
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.

2. Compulsion of a witness, injured person to give false evidences, expert to give false conclusion or translator to making erroneous translation, as well as compulsion of specified persons to evasion of giving evidences, linked with blackmail, threat of homicide, infliction of harm to the health, destruction of property of these persons or their relatives, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.

3. The actions, provided by second part of this Article, committed with the use of force, not danger for life or health of specified persons, -
shall be punished by restriction of liberty for the term of up to six years or imprisonment for the same term.

4. The actions, provided by first or second parts of this Article, committed by criminal group or with the use of force, danger for life or health of specified persons, as well as linked with accusation of commission of corruption, grievous or especially grave crime, -
shall be punished by imprisonment for the term of two to eight years.

Kazakhstan - Criminal Code 1997 (2004) EN

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 347. Coercion to Provide Evidence

1. Coercion of a suspect, defendant, a victim, or a witness to give evidence, or coercion of an expert to present findings, by way of threatening, blackmail, or other illegal actions on behalf of a given investigator or a person carrying out an inquest, -

shall be punished by imprisonment for a period up to three years.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 354. Subornation or Coercion to Giving False Evidence or to Evasion of Giving Evidence, or False Findings, or Incorrect Translation

1. Subornation of a witness or victim for the purposes of the giving of false evidence by them, or of an expert for the purpose of the issuing by him of false findings, as well as of a translator for the purposes of making by him of an incorrect translation, -

shall be punished by a fine in an amount up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to ten months, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.

2. Coercion of a witness or a victim to give false evidence, or of an expert to issue false findings, or a translator to make incorrect translation, as well as coercion of said persons to evade giving evidence, which is combined with blackmail, threatening with murder, causation of damage to health, destruction of property of those persons or of their relatives, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years.

3. An act stipulated by the second part of this Article which is committed with violence not dangerous for life or health of said persons, -

shall be punished by imprisonment for a period up to five years.

4. Acts stipulated by the first or second part of this Article, which are committed by an organised group or with violence which is dangerous for life or health of said persons, and equally associated with accusation of committing a corruption crime, grave or especially grave crime, -

shall be punished by imprisonment for a period from two to eight years.

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:

(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;