Offences against administration of justice

Czech Republic

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART TWO
SPECIAL PART

CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS

Division 4
Other Interference with Activity of Public Authority

Section 337 Obstruction of Justice and Obstruction of a Sentence of Banishment
(1) Whoever interferes or considerably aggravates execution of a decision of court or another public authority by
(a) performing an activity prohibited by such a decision or activity for which was withdrawn a relevant licence according to a special legal regulation or for which he/she has lost such a licence,
(b) remaining in the territory of the Czech Republic, even though a sentence of banishment was imposed to him/her, or a decision on his/her administrative banishment was made,
(c) remaining without an authorisation and without a serious reason in a place or district to which applies a sentence of prohibition of stay, or failing to comply with restrictions imposed by the court in connection to execution of this sentence,
(d) attending an event to which applies a sentence of prohibition of entering sport, cultural and other social events, or by commission of another serious conduct to thwart the purpose of this sentence,
(e) failing without a serious reason to enter execution of a sentence of imprisonment upon a notice of a court or by resisting to enter execution of this sentence in another way.
(f) committing serious conduct to thwart execution or purpose of the sentence,
(g) committing serious conduct to thwart execution or purpose of custody,
(h) committing serious conduct to thwart execution or purpose of security detention, or
(i) committing serious conduct to thwart execution or purpose of protective therapy or protective education imposed by the court, or in other way, especially by escaping from the institution or assisting in escape seriously aggravates execution of such decisions, or thwarts supervision imposed upon termination of the protective therapy, shall be sentenced to imprisonment for up to three years.
(2) The same sentence shall be imposed to anyone who commits serious or repeated conduct to thwart banishment executed in accordance to another legal regulation or a decision of court on preliminary measure by which is imposed an obligation to temporarily leave common habitation and its immediate surroundings and to refrain from entering it, or an obligation to refrain from contact with the petitioner and engaging in communications with him/her.
(3) Whoever thwarts or considerably aggravates execution of a decision of court or another public authority by
(a) destroying, damaging, rendering unusable, concealing, alienating or removing a thing or other asset value concerned by such a decision, or
(b) escapes a guard, form custody, from execution of a sentence of imprisonment or protective detention, shall be sentenced to imprisonment for up to five years or to a pecuniary penalty.
(4) Whoever, after futile utilisation of measures in civil court proceedings against him/her aimed at execution of a court decision or agreement approved by the court on education of minor children, including contact with children, thwarts execution of such a decision or agreement, or whoever commits serious conduct to thwart execution of a decision of another public
authority related to education of minor children, shall be sentenced to imprisonment for up to one year.

Section 338 Freeing Prisoners
(1) Whoever frees a prisoner or an inmate in execution of protective detention, organises his/her escape, incites him/her to escape or prepares his/her escape, shall be sentenced to imprisonment for up to three years, to prohibition of activity or to confiscation of a thing or other asset value.
(2) An offender shall be sentenced to imprisonment for one year to five years, if he/she commits the act referred to in Sub-section (1)
(a) with a weapon, or
(b) as a public official.

PART TWO
SPECIAL PART

CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS

Division 4
Other Interference with Activity of Public Authority

Section 345 False Accusation
(1) Whoever falsely accuses another of a criminal act, shall be sentenced to imprisonment for up to two years.
(2) Whoever falsely accuses another of a criminal act with the intention to cause his/her criminal prosecution, shall be sentenced to imprisonment for up to three years.
(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) causes substantial damage by the act referred to in Sub-section (1) or (2),
b) commits such an act by press, film, radio, television, publically accessible computer network or in another similarly effective way,
c) commits such an act with the intention to seriously harm another in his/her occupation, to disrupt his/her family relations or to cause another serious detriment,
d) commits such an act with the intention to conceal or demean his/her own criminal act, or
e) commits such an act on another who has fulfilled his/her duty to him/her arising from his/her occupation, profession, position or function or imposed to him/her according to law.
(4) An offender shall be sentenced to imprisonment for three to ten years, if he/she causes extensive damage by the act referred to in Sub-section (1) or (2).

Section 346 False Testimony
(1) Whoever gives as an expert a false, grossly distorted or incomplete expert opinion, shall be sentenced to imprisonment for up to two years or to prohibition of activity.
(2) Whoever as a witness before court or international judicial authority, before a public notary as a judicial commissioner, public prosecutor or a police authority conducting pre-trial proceedings according to the Code of Criminal Procedure, or before the investigative committee of the Chamber of Deputies of the Parliament of the Czech Republic.
a) states untrue about a circumstance that has essential relevance for decision making or
for findings of the investigative committee of the Chamber of Deputies of the Parliament of the Czech Republic,
b) conceals such a circumstance,
shall be sentenced to imprisonment for six months to three years or to prohibition of activity.
(3) An offender shall be sentenced to imprisonment for two to ten years, if he/she
a) causes substantial damage by the act referred to in Sub-section (1) or (2), or
b) commits such an act with the intention to seriously harm another in his/her occupation,
to disrupt his/her family relations or to cause another serious detriment.

Section 347 False Translation
(1) Whoever as an interpreter incorrectly, with gross distortion or incompletely interprets or translates in writing in proceedings before a public authority or in connection to such proceedings matters of fact or circumstances that have essential importance for decision making of a public authority, shall be sentenced to imprisonment for up to two years or to prohibition of activity.
(2) Whoever as an interpreter before a court or international judicial authority, public prosecutor or a police authority that conducts pre-trial proceedings according to the Code of Criminal Procedure, or before the investigative committee of the Chamber of Deputies of the Parliament of the Czech Republic incorrectly, with gross distortion or incompletely interprets or translates in writing, shall be sentenced to imprisonment for six months to three years or to prohibition of activity.
(3) An offender shall be sentenced to imprisonment for two to ten years, if he/she
a) causes substantial damage by the act referred to in Sub-section (1) or (2), or
b) commits such an act with the intention to seriously harm another in his/her occupation, to disrupt his/her family relations or to cause another serious detriment.

PART TWO
SPECIAL PART

CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS

Division 4
Other Interference with Activity of Public Authority

Section 350 Forgery and Issue of False Medical Report, Opinion and Finding
(1) Whoever forges a medical report, opinion or finding or substantially alters its content with the intention to use it in proceedings before an authority of social security or before another public authority, in criminal, civil or other trial proceedings, or

whoever uses in proceedings before an authority of social security or before another
public authority in criminal, civil or other trial proceedings such a report, opinion or finding as genuine,

shall be sentenced to imprisonment for up to two years or to prohibition of activity.
(2) The same sentence shall be imposed to anyone who as a doctor or another competent medical person issues a false or grossly distorted medical report, opinion or finding or therein conceals significant matters of fact about his/her medical condition or medical condition of another for the purpose of using it in proceedings before an authority of social security or another public authority, in criminal, civil or other trial proceedings, or

whoever uses such a medical report, opinion or finding in proceedings before an authority of social security or another public authority, in criminal, civil or other trial proceedings.
(3) An offender shall be sentenced to imprisonment for six months to five years or to a pecuniary penalty, if he/she
a) gains for him-/herself or for another substantial profit by the act referred to in Subsection (1) or (2), or
b) causes substantial damage by such an act.
(4) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) gains for him-/herself or for another extensive profit by the act referred to in Subsection (1) or (2), or
b) causes extensive damage by such an act.

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.