SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Giving a false statement

Article 367

(1) A witness, expert, translator or interpreter who gives a false statement before the court or in an administrative, petty offense or disciplinary procedure, shall be punished with a fine, or with imprisonment of up to three months.

(2) The punishment from item 1 shall apply also to a party which gives a false statement when presenting evidence by interrogation of the parties in a process or administrative procedure, and the decision made in this procedure is based on this statement.

(3) If the false statement from item 1 is given in a criminal proceeding, the offender shall be punished with imprisonment of three months to five years.

(4) If because of the crime from item 3, especially serious consequences were caused for the accused, the offender shall be punished with imprisonment of one to ten years.

(5) If the offender calls off his false statement of own volition, before a decision that has come into effect is passed, he may be acquitted from punishment.

''Giving a false statement, Article 367''

(1) A witness, expert, translator or interpreter who gives a false statement before
the court, public prosecutor, notary public, a certified enforcer, administrative body
or another body that adopts decisions in a legally determined procedure shall be
punished with a fine, or with imprisonment of up to three months.
2) The punishment from paragraph 1 from the present Article shall apply also to an
expert that provides a false opinion and findings in the cases determined by law, or
upon request of an interested person- requestor.
(3) The punishment referred to in paragraph (1) shall be applied to a party that by
providing evidence in a hearing with third parties, in a litigation or administrative
procedure shall provide false statement on which the decision adopted in that
procedure is based.
4) If the false statement from paragraph (1) from the present Article has been
provided in a criminal procedure, the perpetrator shall be punished:
1) with imprisonment of one to three years if for the criminal act for which a
criminal procedure is being carried out, a punishment of imprisonment of six months
to five years has been prescribed;
2) with imprisonment of one to five years if for the criminal act for which a criminal
procedure is being carried out, a punishment of imprisonment of up to ten years
has been prescribed;
3) with imprisonment of at least four years if for the criminal act for which a
criminal procedure is being carried out, a punishment of imprisonment of twenty
years or life imprisonment has been prescribed;
5) If because of the crime from paragraph 3, of the present Article a conviction was
adopted or there were especially serious consequences for the accused, the
perpetrator shall be punished with imprisonment of one to ten years.
6) If the perpetrator of the act referred under paragraphs (1), (2) and (3) of the
present Article calls off their false statement of own volition, before a decision that
has come into effect is passed, they may be acquitted from punishment