SPECIAL PART
CHAPTER IX- CRIMINAL ACTS AGAINST JUSTICE
Article 301- Obstruction of justice in revealing the truth
Committing actions to change the scene where a criminal act was committed by destroying, changing or removing traces or by moving, hiding, annihilating, stealing, falsifying an item or document with the intent of increasing the difficulty on preventing the discovery of a criminal act and its perpetrator, is punishable by a fine or up to three years of imprisonment
SPECIAL PART
CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE
Article 311- Threat to remain silent
A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.
SPECIAL PART
CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE
Article 316- Opposing and assaulting a judge
Opposing violently, assaulting or committing other violent acts against a judge or other members of the trial panel, a prosecutor, defense lawyer, experts, any arbitrator assigned to a case, with the intent to prevent him from carrying out his duty or because of it, is punishable by a fine or up to seven years of imprisonment.
Article 317- Threat to a judge
A threat to a judge, other members of trial panel, prosecutor, defense lawyer, experts, or every arbitrator assigned to a case because of their activity, is punishable by a fine or up to three years of imprisonment.
Article 318- Insulting a judge
Insulting a judge or other members of trial a panel, the prosecutor, the defense lawyer, the experts, or any arbitrator assigned to a case, because of their activity, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.
SPECIAL PART
CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE
Article 319- Asking for or receiving [unlawful] remuneration
Asking for or unlawfully receiving remuneration, gifts or other benefits, as well as procuring promises to get them, by the judge, the prosecutor, the defense lawyer, the experts, every arbitrator assigned for a case, with the intent of carrying out or avoiding to carry out an act which is connected to the function, is punishable by five to ten years of imprisonment.
Procurement conducted by the person interested in the case or by any other person for remuneration, gifts or other benefits in favor of persons cited in first paragraph of this article, is sentenced up to three years of imprisonment.
Article 304- Obligation to report the evidence
Failing to appear promptly to report or testify before the prosecutor, court or organs of public order about evidence that a person knows which exculpates an accused or convicted person from a criminal act, is punishable by a fine or up to five years of imprisonment.
The perpetrator of the criminal act, as well as the individuals who become aware of the evidence because of their capacity and profession and are compelled not to report or testify it are excluded from the obligation to report.
Article 305- False report
Falsely reporting a crime which has not been committed, or falsely reporting a person who is known that has not committed a crime, as well as fabricating false evidence with the intent of commencing criminal prosecution, is punishable by a fine or up to five years of imprisonment.
Article 306- Perjury
Perjury made before the organ of criminal prosecution or before the court constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.
False testimony in court constitutes a criminal contravention and is punished by fine or up to two years of imprisonment.
Article 307- Refusing to testify
Refusing to answer questions concerning knowledge of a criminal act or its executor, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.
When false testimony is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.
Article 308- False translation
Intentional distortion of the content of a document or writing offered for translation by the organs of criminal prosecution or by the court or false translation committed before them, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.
When refusal to testify is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.
Article 309- False expertise
Intentional provision of false results in reports by an expert , conducted in writing or verbally before organs of criminal prosecution or before the court is punishable by a fine or up to three years of imprisonment.
When false expertise is provided for embezzlement or any other interest given or promised, it is punishable by a fine or up to five years of imprisonment.
Article 310- Refusing to appear as a witness, expert or translator
Refusing to appear as a witness, expert or translator, without reasonable cause, or refusal to carry out duties assigned by the organ of criminal prosecution or the court, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.
Article 311- Threat to remain silent
A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.
Article 312- Corrupting or threat for false testimony, expertise or translation
Proposing or giving remuneration, gifts or other benefits, or threatening or committing other violent acts made to a person in order to provide false declarations or testimony, expertise or translation or refuse to carry out their duties before the organs of criminal prosecution or the court, is punishable by a fine or up to three years of imprisonment.
CHAPTER IV THE DEFENDANT
Article 36/a Statements of the collaborator of justice
1. A collaborator of justice shall be questioned as a witness. In case of false statements or testimony, he shall be held criminally liable pursuant to the law.
2. The statements of the collaborator of justice are evaluated pursuant to the criteria established by paragraph 3 of article 152 of this Code.
CHAPTER IV THE DEFENDANT
Article 37/a Cooperation with justice
3. The collaboration agreement shall be revoked if the collaborator of justice breaches the terms of the collaboration agreement, conceals information on assets or facts of justice interest, or renders false statements or testimony. The rules of paragraph 1, of article 480 of this Code shall apply mutatis mutandis.
CHAPTER II TYPES OF EVIDENCE
SECTION I TESTIMONY
Article 165 Liability for false testimony or refusal to testify
1. If during the questioning a witness makes contradictory or incomplete statements or statements which are in contrast with the evidence taken, the court shall note this fact, warning him of the criminal liability for false testimony.
1. The same warning is made by the court also to the witness refusing to testify. If the witness insists on his/her refusal to testify, the court shall request the prosecutor to proceed pursuant to the law.
2. If the witness refuses to testify on the grounds that he invokes protection measures or enrolment in a witness protection program, pursuant to the law, the prosecutor shall not register the criminal charge for false testimony until a decision on his/her request has been issued.
3. If by a final judgment, the court deems that the witness has made a false testimony, the court shall transmit the documents to the prosecutor to proceed pursuant to the law.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 341 Directing the hearing
2. The presiding judge is obliged to take measures to guarantee respect for court dignity and solemnity of adjudication and security in the courtroom and to avoid any insult, threat or attack against other parties and other participants in the trial.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 341 Directing the hearing
3. When the defendant, the defense lawyer, the victim , the witness, expert or interpreter do not observe the court orders to maintain order and silence, offend the dignity of the court or act in a way that threatens the solemnity of adjudication, the presiding judge shall warn them of the consequences. Where the person continues to break the order and silence and fails to obey, the court may impose him a fine up to 30,000 ALL. The repetition of such breach shall constitute grounds for the removal from the courtroom.
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.