Offences against administration of justice

Croatia

Croatia - Criminal Code 1997 (2008) EN

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-TWO (xxii)CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 303

(1) A witness, expert-witness, translator or interpreter who, in proceedings before the court, administrative proceedings, proceedings before a notary public or disciplinary proceedings, makes a false statement, finding or opinion, or if he translates something falsely shall be punished by imprisonment for six months to five years.

(2) The punishment as referred to in paragraph 1 of this Article shall be inflicted on a party in proceedings who makes a false statement if the final decision in these proceedings is based on such a
statement.

(3) If the criminal offense referred to in paragraph 1 of this Article results in the criminal conviction of an innocent accused or in some other serious consequences for the accused in criminal proceedings, the perpetrator shall be punished by imprisonment for one to ten years.

(4) If, prior to the final decision, the perpetrator of the criminal offense referred to in paragraph 1 of this Article voluntarily withdraws his false statement, the court may remit the punishment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-TWO (xxii)CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 304

(1) Whoever uses force, threat or any other kind of coercion with an aim to make, to prevent or to make it more difficult for a witness or an expert witness to give testimony in court proceedings, administrative proceedings, proceedings before a notary public or disciplinary proceedings, or promises, offers or gives them a gift or any other gain shall be punished by imprisonment for one to eight years.

(1) Whoever, in proceedings before the court, International Criminal Tribunal, in administrative proceedings, proceedings before a notary public or disciplinary proceedings, uses force, threat or any other kind of coercion, or promises, offers or gives a gift or any other benefit to a witness or expert witness, with an aim to induce the giving of false testimony or to prevent or hamper the presentation of evidence,

shall be punished by imprisonment for six months to five years.


(2) Whoever, with an aim to prevent or considerably hamper the presentation of evidence in proceedings before the court, administrative proceedings, proceedings before a notary public or disciplinary proceedings, conceals, damages or destroys the object or document of another serving as evidence, forges evidence in proceedings before the court, or whoever submits such a evidence knowing it to be a forgery, shall be punished by a fine or by imprisonment not exceeding one year.

(3) The punishment referred to in paragraph 2 of this Article shall be inflicted on whoever, with an aim to prevent or considerably hamper the presentation of evidence in proceedings before the court or in administrative proceedings, removes, destroys, relocates or shifts a boundary stone, geodetic mark, or in general any other mark intended to indicate ownership or some other real property right, or a water right, or whoever, with the same aim, falsely installs such a mark.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-TWO (xxii)CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 309

(1) Whoever makes demands on a judge, State Attorney, notary public, Public Defense Attorney (deleted, OG 105/2004) by force, threat or another form of coercion to undertake actions or pass a decision, within or outside the framework of his authority, or whoever mediates in such acts or demands, if by so acting some other criminal offense for which a more severe punishment is prescribed is not committed, shall be punished by imprisonment for one to five years.

(2) Whoever obstructs the work of the persons referred to in paragraph 1 of this Article by insulting them grossly or disparaging them shall be punished by a fine or by imprisonment not exceeding three years.

(3) Whoever, during proceedings before a court, but prior to the rendering of the final judgment systematically expounds his opinion in the public media, at a public rally or in front of a body of persons on how the official engaged in the administration of justice should act in a particular case or which decisions he should pronounce shall be punished by a fine or by imprisonment not exceeding one year.

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:

(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.