PART TWO CRIMINAL PROCEEDINGS
CHAPTER XV COOPERATIVE WITNESSES
Article 231
Cooperative Witnesses
5. A cooperating witness is interviewed in the capacity of a witness. He bears criminal liability in
accordance with the law for any false statement or testimony.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER III CONDUCT OF THE MAIN TRIAL
Article 299
Criminal Offenses Committed at Main Trial
1. If the accused commits a criminal offense at the main trial, the provisions of Article 349 of the
present Code apply.
2. If a person other than the accused commits a criminal offense while the court is in session
at the main trial, the single trial judge or trial panel may, upon an oral charge by the state
prosecutor, recess the main trial and try the criminal offense committed right away or may
consider it after concluding the main trial.
3. Where there are grounds to suspect that a witness or an expert witness has given false
testimony at the main trial, such offense may not be tried immediately. In such case, the single
trial judge or presiding trial judge may order that a separate record be made of the testimony of
the witness or the expert witness and that the record be referred to the state prosecutor.
Article 383
False statement under oath
1. Whoever, having taken an oath before an authority competent to administer affidavits or oaths, and thereafter signs an affidavit or states any matter that he or she does not believe to be true, or knowingly conceals or omits to state any matter relevant to the proceedings shall be punished by a fine or by imprisonment of up to three (3) years.
2. When the declaration provided for in paragraph 1. of this Article has been given in the course of criminal proceedings, the perpetrator shall be punished by a fine or imprisonment of up to five (5) years.
3. When the perpetrator of the criminal offense provided for in paragraph 1. of this Article voluntarily withdraws his or her statement before the end of his or her testimony the court may reduce the punishment.
Article 384 False statements
1. A party, witness, expert witness, translator or interpreter who gives a false statement, expert opinion or report in judicial or criminal proceedings, pre-trial proceedings, minor offence proceedings, administrative proceedings before a notary public or disciplinary proceedings shall be punished by a fine or by imprisonment of up to one (1) year.
2. When the false statement is a basis for the final decision in the proceedings, the perpetrator shall be punished by imprisonment of three (3) months to three (3) years.
3. When the criminal offence provided for in paragraph 1. of this Article results in serious consequences, the perpetrator shall be punished by imprisonment of one (1) to five (5) years.
4. When the perpetrator of the criminal offence provided for in paragraph 1. of this Article voluntarily withdraws his or her statement before a final decision has been issued, the court may reduce the punishment.
Article 385
False statements of co-operative witnesses
1. A co-operative witness who gives a statement or testimony that is false in any relevant part or who purposely omits to state the complete truth to a prosecutor or the police shall be punished by a fine or imprisonment of three (3) months to five (5) years.
2. Whoever commits the offense referred to in paragraph 1. of this Article and subsequently withdraws the statement or testimony and reports or testifies truthfully before the end of his or her interview or testimony shall be punished by a fine of up to five hundred (500) EUR or by imprisonment of up to three (3) months, or the court may waive the punishment if there are mitigating circumstances.
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;