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

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2009) EN

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Preventing the collection of evidence

Article 368

(1) A person who with the intention of preventing or hindering the collection of evidence, hides, destroys, damages or makes useless, partially or completely, another's document or object that is serves as evidence, shall be punished with a fine, or with imprisonment of up to one year.

(2) The punishment from item 1 shall apply also to a person who, with the same intention, removes, destroys, damages, shifts or moves a boundary, land-measurement or other sign, regarding ownership, or some other right based on real estate or the rights for the use of water, or to a person who with the same intention falsely sets up such a sign.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Illegal influence on witnesses

Article 368-a

(1) One who will influence on some person to appear or not to appear as a witness in a procedure in front of a court or in administrative procedure or is called as a witness to give or not to give statement i certain sense, using threat on the life or the body or on the property in greater scope, offering bribe, disruption or in any other way, shall be sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that, for revenge for the statement given by the person called as a witness, will revoke some right, mistreat or cause physical injury to the person called as a witness or a person close to him/her.

(3) If especially severe consequences occurred on the defendant in criminal procedure or the witness or a person close to him/her suffered severe physical injury, shall be sentenced with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Unlawful usurpation of objects during search or in a procedure for execution

Article 374

An official person who, during the search of a home, premises or persons, or in a procedure of execution, unlawfully takes away another's movable object, with the intention of usurpation, shall be punished with imprisonment of one to ten years.

Macedonia - Criminal Code 1996 (2018) EN

Preventing the collection of evidence Article 368

(1) (1) A person who with the intention of preventing or hindering the collection of evidence, hides, destroys, damages or makes useless, partially or completely, another's document or object that is serves as evidence, shall be punished wi

fine, or with imprisonment of up to one year.(2) The punishment from paragraph 1 shall apply also to a person who, with the same intention, removes, destroys, damages, shifts or moves a boundary, land-measurement or other sign, regarding ownership, or some other right based on real estate or the rights for the use of water, or to a person who with the same intention falsely sets up such a sign

Obstruction of Justice Article 368-a

(1) The person intending to persuade a person that might be called as a witness, witness or expert to provide false statement, or prevent or obstruct the collecting of evidence or proving process in the criminal procedure or a procedure before a court or another body administering a procedure according to the law, largely threatens the life and body or property of a person that might be called as a witness,

witness or expert or close persons thereof, or influences them by applying force, illegal deprivation of freedom, by offering bribe or by using other means prevents the person from attending as a person that cannot be called as a witness, witness or expert in the procedure or if they are called as a witness, witness or expert to provide or not provide a statement in a certain context, shall be punished with imprisonment from one to five years.

2) The punishment from paragraph (1) of the present Article shall apply to the person who victimizes or physically injures or deprives the person from paragraph (1) of the present Article from a certain right, due to revenge for the given statement .

3) If, due to the criminal act from paragraphs (1) and (2) of the present Article, there were especially hard consequences for the accused in the criminal procedure or a person from paragraph (1) of the present Article suffered a heavy bodily injury, or the act has been committed against a protected or vulnerable witness or a person close thereto, the perpetrator shall be punished with imprisonment

from one to ten years.

4) If, due to the criminal act from paragraphs (1) and (2) of the present Article, the person from paragraph (1) of the present Article has been deprived of his/ her life, the perpetrator shall be punished with a minimum of ten years up to life imprisonment.

5) The person that forcibly, with serious threat or promising or providing some benefit influences a judge, public prosecutor or another official or a lawyer to take

or not to take legally envisaged actions before a court or another competent body for administering a procedure regulated by law, contrary to their official or legal duty and authorizations or prevents the performance of such actions shall be punished with imprisonment of one to ten years.

6) If, in the performance of the act from paragraph (5), the persons from the stated paragraph or persons close thereto suffer a bodily injury, the perpetrator shall be punished with imprisonment of a minimum of four years.

7) If, in the performance of the act from paragraph (5), the persons from the stated paragraph or persons close thereto suffer a heavy bodily injury, the perpetrator shall be punished with imprisonment of a minimum of five years.

8) The punishment of paragraph (5) of the present Article shall apply to the official or responsible person that denies or groundlessly postpones to perform an order or a legally based request of a court, public prosecutor or another competent body or a lawyer for gathering, storing or submitting written documents, papers or cases or intends to prevent or obstruct the proving process by covering, destroying, counterfeiting or in another manner making the written documents, papers or cases

unusable, which could have served as evidence in the procedure before the court or another body competent for administration of the procedure determined by law.

9) If the act from paragraph (8) of the present Article has been committed in a previous criminal procedure or in a criminal procedure, the perpetrator shall be punished with imprisonment of four to ten years.

10) If the act from paragraphs (8) and (9) of the present Article is committed by a legal entity, they shall be punished with a monetary penalty.

11) Under the conditions determined with Article 38-b of the present Code, the court shall impose to the perpetrator a ban for performing a profession, activity or duty with duration of one to ten years for the criminal act referred under the present Article.

12) The attempt for the stated criminal act shall also be punishable.

Unlawful usurpation of objects during search or in a procedure for execution Article 374

An official person who, during the search of a home, premises or persons, or in a procedure of execution, unlawfully takes away another's movable object, with the intention of usurpation, shall be punished with imprisonment of one to ten 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;