Chapter 8 Crimes against Activities of State Bodies and Public Organisations and Persons Performing Public Functions
Section 2 Malfeasances
Article 282
(1) (Amended, SG No. 28/1982) An official who violates or fails to fulfil his official duties, or exceeds his powers or rights for the purpose of acquiring a benefit for himself or for another, or to cause damage to another, from which significant harmful consequences may set in, shall be punished by imprisonment for up to five years, whereas the court may also rule deprivation of the right under Article 37 (1), sub-paragraph 6, or by probation.
(2) (Amended, SG No. 28/1982, SG No. 89/1986) If from the act major harmful consequences have set in, or the act has been committed by a person occupying a responsible official position, the punishment shall be imprisonment from one to eight years, whereas the court may rule deprivation of the right under Article 37 (1), sub-paragraph 6.
(3) (New, SG No. 89/1986) For particularly grave cases under the preceding paragraph the punishment shall be imprisonment from three to ten years, and the court shall also rule deprivation of the right under Article 37 (1), sub-paragraph 6.
(4) (New, SG No. 62/1997) The punishment under paragraph (3) shall also be imposed on officials who have committed the crime with the participation of persons under Article 142, paragraph (2), subparagraphs 6 and 8.
(5) (New, SG No. 21/2000) Where the act under the preceding paragraphs is connected with exercising control over the production, processing, storage, trading inside the country, import, export, transit and reporting of drugs and precursors, the punishment shall be imprisonment for up to ten years under paragraph (1) and for three to fifteen years under paragraph (2).
Chapter 8 Crimes Related to Documents
Article 308
(1) A person who draws up a false official document or alters the contents of an official document for the purpose of using it, shall be punished for forgery of a document by imprisonment for up to three years.
Chapter 8 Crimes Related to Documents
Article 311
(1) An official who within his official duties draws up an official document, in which he certifies untrue facts or makes untrue statements, for the purpose of this document to be used as proof of such facts or statements, shall be punished by imprisonment for up to five years, and the court may also rule deprivation of the right under Article 37 (1), sub-paragraph 6.
(2) In minor cases the punishment shall be imprisonment for up to one year or probation.
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.