ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 286. Impeding to implementation of justice, manufacture of preliminary investigation
286.1. Intervention in any form of court activity with a view of impending to implementation of justice -
is punished by the penalty at a rate from two hundred up to five hundred of nominal financial unit or imprisonment for the term up to two years.
286.2. Intervention in any form to activity of the prosecutor office, inspector or person making inquiry, with a view of impending to objective, full and all-round investigation of case -
is punished by the penalty at a rate from two hundred up to five hundred of nominal financial unit, or public works for the term from hundred fifty up to two hundred forty, or imprisonment for the term about six months.
286.3. The acts provided by articles 286.1 and 286.2 of the present Code, committed by a person with use of the service position -
is punished by the penalty at a rate of from five hundred up to eight hundred of nominal financial unit or with imprisonment for the term up to three years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 287. Attempt on life of a person who is carrying out justice or preliminary investigation
Attempt on life of a judge, jurymen, and also prosecutor, investigator, person making inquiry, defender, expert, judicial supervisor, judicial executor, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court, either manufacture of preliminary investigation or execution of decision or other judicial action, committed with a view of hindrance lawful activity of a specified persons or from revenge for such activity -
is punished by imprisonment for the term from twelve up to fifteen years.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 288. Threat or violent actions in connection with implementation of justice or manufacture of preliminary investigation
288.1. Threat murder, causing of harm to health, destruction or damage of property concerning a judge, jurymen, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court -
is punished by the penalty at a rate from one up to three thousand of nominal financial unit or imprisonment for the term from two up to five years.
288.2. The same act committed concerning prosecutor, investigator, person making inquiry, defender, expert, judicial supervisor, judicial executor, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court, either manufacture of preliminary investigation or execution of decision or other judicial actions -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit or imprisonment for the term up to three years.
288.3. The acts provided by articles 288.1 or 288.2 of the present Code, committed with application of the violence not dangerous to life or health -
is punished by imprisonment for the term from three up to five years.
288.4. The acts provided by articles 288.1 or 288.2 of the present Code, committed with application of the violence dangerous to life or health -
is punished by imprisonment for the term from five up to ten years.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 289. Disrespect to court
289.1. Disrespect to court, insult of participants of proceeding -
is punished by the penalty at a rate up to three hundred of nominal financial unit or public works for the term of from hundred sixty up to two hundred hours, or imprisonment for the term about six months.
289.2. The same act committed concerning judge or jurymen -
is punished by the penalty at a rate from three hundred up to five hundred of nominal financial unit, or corrective works for the term up to two years, or imprisonment for the term about six months.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 293. Compulsion to evidence
293.1. Compulsion suspected, accused, suffering, witness to evidence at interrogation, and also expert to a summer residence of conclusion by application of threats, blackmail, humiliation of advantage or other illegal actions by prosecutors office, investigator or person making inquiry, or at their instigation -
is punished by imprisonment for the term up to three years.
293.2. The same act committed with application of torture -
is punished by imprisonment for the term from five up to ten years.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 294. Falsification of proofs
294.1. Falsification of proofs on a civil case by person participating in case, or his representative -
is punished by the penalty at a rate of from five hundred up to one thousand of nominal financial unit, or corrective works for the term from one year up to two years, or imprisonment for the term about six months.
294.2. Falsification of proofs on criminal case by a person making inquiry, investigator, prosecutor or defender -
is punished by imprisonment for the term up to three years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.
294.3. Falsification of proofs on criminal case on minor serious or serious crimes, as well as falsification of proofs on other cases, entailed heavy consequences -
is punished by imprisonment for the term from five up to seven years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 297. Obviously false testimonies, conclusions of expert or wrong translation
297.1. Obviously false testimonies of witness, victim or obviously false conclusion of expert, as well as obviously wrong translation in court or by manufacture of preliminary investigation -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit, or public works for the term from hundred sixty till two hundred hours, or corrective works for the term from one year up to two years, or restriction of freedom for the term up to two years, or imprisonment for the term about six months.
297.2. The same acts connected to accusation of a person in commitment of minor serious or serious crime -
is punished by imprisonment for the term from two up to six years.
NOTE : 1. The persons provided in article 297.1 of the present Code shall be released from a criminal liability, if they voluntary during inquiry, preliminary investigation or proceeding before judgment or decisions of court, have declared about false indications given by them, conclusion or obviously wrong translation.
2. The person, given obviously a false testimony against wives (husband), children, parents and other close relatives which circle is determined by the legislation if he was forced to testify against the specified persons shall be not subject to the criminal liability.
ESPECIAL PART
SECTION XI
CRIMES AGAINST STATE POWER
CHAPTER 32
CRIMES AGAINST JUSTICE
Article 299. Payoff money or compulsion to evasion from testifying, obviously false testimonies or conclusions or wrong translation
299.1. The payoff money of witness who has suffered with a view of giving by them of false testimonies or expert with a view of giving by him of the false conclusion or false testimonies, as well as translator with purpose of wrong translation -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit, or public works for the term from hundred eighty up to two hundred forty hours, or corrective works for the term up to two years, or imprisonment for the term a bout six months.
299.2. Compulsion of witness who has suffered from giving false testimonies, expert from giving false conclusion or translator to wrong translation, as well as compulsion of specified persons to evasion from evidence, connected with blackmail, threat murder, causing of harm to health, destruction or damage of property of these persons or their close relatives -
is punished by the penalty at a rate of from one up to three thousand of nominal financial unit or imprisonment for the term up to three years.
299.3. The acts provided by article 299.2 of the present Code, committed with application of violence not dangerous to life or health of specified persons -
is punished by imprisonment for the term from two up to five years.
299.4. The acts provided by articles 299.1 or 299.2 of the present Code, committed by organized group or with application of violence dangerous to life or health of specified persons -
is punished by imprisonment for the term from three up to seven years.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 286. Impeding to implementation of justice, manufacture of preliminary investigation''
286.1. Intervention in any form of court activity with a view of impending to
implementation of justice—
is punishable by the penalty at a rate from one thousand to two thousand
manats or imprisonment for the term up to two years.
286.2. Intervention in any form to activity of the prosecutor office, inspector or
person making inquiry, with a view of impending to objective, full and all-round
investigation of case—
is punishable by the penalty at a rate from one thousand to two thousand
manats, or public works for the term from three hundred up to four
hundred eighty hours, or imprisonment for the term about six months.
286.3. The acts provided by articles 286.1 and 286.2 of the present Code,
committed by a person with use of the service position—
is punishable by the penalty at a rate of from two thousand to three
thousand manats, or restraint of freedom for the term up to three
years, or imprisonment for the term up to three years with deprivation of
the right to hold the certain posts or to engage in the certain activities for
the term up to three years.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 287. Attempt on life of a person who is carrying out justice or preliminary investigation''
Attempt on life of a judge, jurymen, and also prosecutor, investigator, person
making inquiry, defender, expert, executive officer, as well as on their close
relatives in connection with disposal of legal proceeding or appropriate materials
in court, either manufacture of preliminary investigation or execution of decision
or other judicial action, committed with a view of hindrance lawful activity of a
specified persons or from revenge for such activity—
is punishable by imprisonment for the term from fourteen up to twenty
years.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 288. Threat or violent actions in connection with implementation of justice or manufacture of preliminary investigation''
288.1. Threat murder, causing of harm to health, destruction or damage of
property concerning a judge, as well as on their close relatives in connection with
disposal of legal proceeding or appropriate materials in court—
is punishable by the penalty at a rate from three thousand to six thousand
manats or imprisonment for the term from two up to five years.
288.2. The same act committed concerning prosecutor, investigator, person
making inquiry, defender, expert, executive officer, as well as on their close
relatives in connection with disposal of legal proceeding or appropriate materials
in court, either manufacture of preliminary investigation or execution of decision
or other judicial actions—
is punishable by the penalty at a rate from two thousand to four thousand
manats or imprisonment for the term up to three years.
288.3. The acts provided by articles 288.1 or 288.2 of the present Code,
committed with application of the violence not dangerous to life or health—
is punishable by imprisonment for the term from three up to five years.
288.4. The acts provided by articles 288.1 or 288.2 of the present Code,
committed with application of the violence dangerous to life or health—
is punishable by imprisonment for the term from five up to ten years.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 290. Attraction of obviously innocent to a criminal liability''
290.1. Attraction of obviously innocent to a criminal liability—
is punishable by imprisonment for the term up to three years.
290.2. The same act connected to accusation of a person on commitment of minor
serious or serious crime—
is punishable by imprisonment for the term from three up to seven years.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 293. Torture, cruel, inhuman or degrading treatment or punishment not considered torture''
293.1. Cruel, inhuman or degrading treatment or punishment against a person
committed by an official of state body in connection with performing its official
duties, or other person so acting, or with its instigation or consent, or other
persons under his awareness, in case of no evidences of tortures stipulated for by
the article 293.2 of present Code in such act -
punishable by a fine at the rate of four thousand to six thousand manats,
or imprisonment for a period of up to two years with deprivation of the
right to occupy certain positions or engage in certain activities for a
period of up to two years.
293.2. Torture committed by an official of state body in connection with
performing its official duties, or a person so acting, or with its instigation or
consent, or other persons under his awareness -
punishable by imprisonment for a period of three to eight years with
deprivation of the right to occupy certain positions or engage in certain
activities for a period of up to three years.
293.3. The same acts committed with the infliction of serious or less serious harm
-punishable by imprisonment for a period of six to eleven years.
Note: “Tortures” in this article, and in the other articles of the Code means the
infliction of acute physical pain or mental sufferings in order to obtain
information or confession from the person himself or another person, or
intimidations in respect of him or other persons, punishment for an act committed
by him or any other person or of which he or another person is suspected, forcing
to commit an act against will or for any reason, based on discrimination.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 294. Falsification of proofs''
294.1. Falsification of proofs on a civil case by person participating in case, or his
representative—
is punishable by the penalty at a rate of from three thousand to six
thousand manats, or corrective works for the term from one year up to two
years, or restraint of freedom for the term up to one year, or
imprisonment for the term about six months.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 297. Obviously false testimonies, conclusions of expert or wrong translation''
297.1. Obviously false testimonies of witness, victim or obviously false
conclusion of expert, as well as obviously wrong translation in court or by
manufacture of preliminary investigation—
is punishable by the penalty at a rate from one thousand to two thousand
manats, or public works for the term from three hundred twenty to four
hundred hours, or corrective works for the term from one year up to two
years, or restraint of freedom for the term up to one year, or
imprisonment for the term about six months.
''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 299. Payoff money or compulsion to evasion from testifying, obviously false testimonies or conclusions or wrong translation''
299.1. The payoff money of witness who has suffered with a view of giving by
them of false testimonies or expert with a view of giving by him of the false
conclusion or false testimonies, as well as translator with purpose of wrong
translation—
is punishable by the penalty at a rate from one thousand to two thousand
manats, or public works for the term from three hundred sixty up to four
hundred eighty hours, or corrective works for the term up to two years, or
imprisonment for the term about six months.
299.2. Compulsion of witness who has suffered from giving false testimonies,
expert from giving false conclusion or translator to wrong translation, as well as
compulsion of specified persons to evasion from evidence, connected with
blackmail, threat murder, causing of harm to health, destruction or damage of
property of these persons or their close relatives—
is punishable by the penalty at a rate from three thousand to six thousand
manats or imprisonment for the term up to three years.
299.3. The acts provided by article 299.2 of the present Code, committed with
application of violence not dangerous to life or health of specified persons—
is punishable by imprisonment for the term from two up to five years.
299.4. The acts provided by articles 299.1 or 299.2 of the present Code,
committed by organized group or with application of violence dangerous to life or
health of specified persons—
is punishable by imprisonment for the term from three up to seven years.
SPECIAL PART
SECTION EIGHT
PROCEEDINGS IN THE COURT OF FIRST INSTANCE
Chapter XLI
GENERAL CONDITIONS GOVERNING COURT HEARINGS
Article 310. Keeping order in court
310.6. The following steps may be taken by court decision against those who commit serious breaches of order during court hearings, after prior warning, with the exception of public prosecutors and defence counsel :
310.6.1. a fine equivalent to 50 times the minimum wage ;
310.6.2. detention for a period of 3 to 48 hours ;
310.6.3. expulsion from the courtroom for the whole or part of the court’s examination of the case.
310.7. A party to the proceedings who is permitted to return to the hearing by court decision shall have the right to become acquainted with the procedural measures that have taken place in his absence.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(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;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.