National penalties - offences against the administration of justice

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2009) EN

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Submitting false evidence

Article 366-a

(1) One that in procedure in front of a court or in administrative procedure will submit evidence for which he/she knows that are false, shall sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be imposed on one that will remove or destroy evidence that are significant for a procedure in front of a court or in administrative procedure.

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.

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.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Coercion against a judiciary employee

Article 375

(1) A person who by force or by serious threat, coerces a judge, a jury-judge, a public prosecutor, a public legal officer, or their deputy, to do, not to do, or to endure something, shall be punished with a fine, or with imprisonment of up to three years.

(2) If during performing of the crime, the persons from paragraph 1, or persons close to them, suffered physical injury, the perpetrator shall be sentenced with imprisonment of one to ten years.

(3) The attempt of the crimes stipulated in the paragraph 1, 2 and 3 is punishable.

Macedonia - Criminal Code 1996 (2018) EN

''Submitting false evidence, Article 366-a''

1) The person that shall intentionally submit false evidence before the court or
during an administrative procedure shall be given a prison sentence of one to three
years.
2) The punishment from paragraph (1) also applies to the person that shall either
remove or destroy evidence significant to the court procedure or administrative
procedure

''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

''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.

''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.

''Evading prohibitions from security measures and legal consequences from a sentence, Article 376''

1) A person who enables another to perform a certain vocation, professional
activity or function, or other matters, even though they know that this is
prohibited to them by a pronounced sentence, or by legal consequences from a
sentence, shall be punished with a fine, or with imprisonment of up to one year.
2) If the crime from paragraph 1 was committed by an official person, they shall
be punished with a fine, or with imprisonment of up to three years.
3) If the act outlined in paragraph (1) is carried out by a legal entity, it shall be
punished with a fine.

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.

Rome Statute

Article 70 Offences against the administration of justice

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.

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.