SPECIAL PART
CHAPTER XXVI
CRIMES AGAINST THE JUDICIAL SYSTEM

False Accusation

Section 268
(1) Any person who:
a) falsely accuses another person before an authority of the perpetration of a crime;
b) conveys to the authority any forged evidence against another person relating to a crime;
is guilty of a felony punishable by imprisonment not exceeding three years.
(2) The penalty shall be imprisonment between one to five years if criminal proceedings are instituted on the basis of false allegations.
(3) The penalty shall be imprisonment between two to eight years if:
a) the accused is sentenced on the basis of false allegations;
b) false allegations are made relating to a crime which carries a maximum sentence of life
imprisonment.
(4) The penalty shall be imprisonment between five to ten years if false allegations are made relating to a crime which carries a maximum sentence of life imprisonment and the accused is sentenced on the basis of such allegations.
(5) Any person who falsely accuses another person before an authority of the perpetration of a crime, for being unaware due to negligence that his representation is untrue or that the evidence is false, is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

Section 269
Any person who:
a) falsely accuses another person before an authority of the perpetration of a misdemeanor or an infraction punishable by an administrative penalty;
b) falsely accuses another person of having committed a disciplinary infraction before an
authority or a party exercising disciplinary authority;
c) conveys any forged evidence against another person to an authority or a party exercising disciplinary authority relating to a misdemeanor or an infraction or disciplinary infraction punishable by an administrative penalty; is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

Section 270
(1) If proceedings have been instituted upon false accusation, criminal proceedings for malicious prosecution may be instituted until the conclusion of such principal action only on the basis of a motion by the authority of original process. Save for the case of such motion, the term of limitation for malicious prosecution begins on the day of conclusion of the principal action.
(2) The punishment of a person guilty of false accusation may be reduced without limitation or, in cases deserving special consideration, dismissed on the whole if he confesses the malicious nature of the accusation before the conclusion of the principal action to the acting authority.

Misleading of Authority

Section 271
(1) Any person who makes any report to an authority, serving as basis for criminal proceedings, in the knowledge of such information being untrue - Section 268 notwithstanding -, is guilty of a misdemeanor punishable by imprisonment not exceeding two years.
(2) Any person who makes any report to an authority, serving as basis for misdemeanor proceedings before the authorities or before other entities exercising disciplinary authority, or for disciplinary proceedings in the knowledge of such information being untrue - Section 269 notwithstanding -, is punishable by imprisonment not exceeding one year.
(3) Any person who makes any report to an authority, serving as basis for other official proceedings, in the knowledge of such information being untrue - Section 269 notwithstanding -, is punishable by custodial arrest.

Perjury

Section 272
(1) Any witness who gives false testimony before the authority concerning an essential circumstance of a case, or suppresses evidence is guilty of perjury.
(2) The provisions relating to perjury shall be applied to any person who:
a) gives false opinion as an expert or false information as a special adviser;
b) falsely translates as an interpreter or a translator;
c) presents a false document or manipulated physical evidence in criminal or civil proceedings, Paragraph b) of Subsection (1) of Section 268 notwithstanding.
(3) The defendant in criminal proceedings shall not be prosecuted on the basis of Paragraph c) of Subsection (2).
(4) Perjury committed in a criminal case shall be construed as a felony punishable by imprisonment between one to five years. If perjury concerns a crime that carries a maximum sentence of life imprisonment, the penalty shall be imprisonment between two to eight years.
(5) Perjury committed in a civil case shall be punishable by imprisonment not exceeding three years. If the civil case concerns a particularly considerable value or any other form of interest that is considered particularly substantial, the penalty shall be imprisonment between one to five years.
(6) Any person who commits perjury by way of negligence shall be punishable for a misdemeanor by imprisonment not exceeding one year.

Section 273
Any person who commits perjury in a misdemeanor or other judicial proceedings, or in disciplinary proceedings is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

Section 274
Criminal proceedings for perjury may be instituted in connection with a case for which the false testimony was presented solely upon the motion of the authority acting in the original process, before the principal action is concluded. Save for the case of such motion, the term of limitation for perjury commences on the day of conclusion of the principal action.

Section 275
(1) Any person:
a) whose testimony would incriminate himself or his family member in a criminal act;
b) who may decline to testify for any other reason, but was not advised accordingly before
being questioned; or
c) who cannot be interrogated in accordance with the law; shall not be liable for prosecution for perjury.
(2) The penalty may be reduced without limitation or dismissed on the whole in cases deserving special consideration against a person who confesses to the acting authority before the conclusion of the principal action of having provided false evidence.

Subornation of Perjury

Section 276
(1) Any person who attempts to persuade another person to give false testimony is guilty of a felony punishable by imprisonment not exceeding three years if committed in a criminal case, or guilty of misdemeanor punishable by imprisonment not exceeding two years if committed in civil proceedings.
(2) Any person who commits the criminal offense referred to in Subsection (1) in a misdemeanor or other judicial proceedings, or in disciplinary proceedings before a person exercising disciplinary authority is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

Unlawful Refusal to Give Evidence

Section 277
Any witness who in criminal proceedings unlawfully refuses to give evidence before the court upon being advised of the consequences is guilty of misdemeanor punishable by custodial arrest.

Coercion on the Part of the Authorities

Section 278
(1) Any person who attempts by force or threat of force to prevent another person in the free exercise of his lawful rights in proceedings before the authorities, or induces him to neglect his duties is guilty of duress in proceedings before the authorities.
(2) Any person who commits the criminal offense in a criminal case is guilty of a felony punishable by imprisonment between one to five years. If the criminal offense is committed in connection with a criminal case relating to a crime that carries a maximum sentence of life imprisonment, the penalty shall be imprisonment between two to eight years.
(3) Any person who commits the criminal offense in a civil case shall be punishable by imprisonment not exceeding three years. If the civil case concerns a particularly considerable value or any other form of interest that is considered particularly substantial, the penalty shall be imprisonment between one to five years.
(4) If the criminal offense is committed in a misdemeanor or other judicial proceedings, or in disciplinary proceedings before a person exercising disciplinary authority the penalty shall be imprisonment for a misdemeanor not exceeding one year.

Contempt

Section 279
(1) Any person who displays an apparently anti-social and violent conduct aiming to undermine, embarrass or obstruct the authority’s discharge of its duties is guilty of a misdemeanor punishable by imprisonment not exceeding two years, insofar as the act did not result in a more serious criminal offense.
(2) The penalty shall be imprisonment not exceeding three years for a felony if the crime referred to in Subsection (1) above frustrates the proceedings of the authority.
(3) The penalty shall be imprisonment between one to five years if the crime described in Subsection (1) above is committed in a gang, by displaying a deadly weapon or by carrying a deadly weapon.

Violation of Confidentiality Related to the Judiciary

Section 280
(1) Any person who reveals any information, data and facts he has obtained in the capacity of official witness without proper authorization is guilty of a misdemeanor punishable by imprisonment not exceeding one year.
(2) Any person who reveals without proper authorization any information learned in a closed court session shall be punishable in accordance with Subsection (1), insofar as the act did not result in a more serious criminal offense.
(3) Any person who reveals any fact or data disclosed in a judicial council meeting or contained in the records or protocols of a judicial council meeting shall be punishable in accordance with Subsection (1).

Suppressing Exculpatory Evidence

Section 281
(1) Any person who fails to disclose any facts that may bring about the dismissal of the criminal proceedings or the acquittal of a person prosecuted, to that person, to his counsel or the authorities, is guilty of a felony punishable by imprisonment between one to five years.
If suppressing exculpatory evidence concerns a crime that carries a maximum sentence of life imprisonment, the penalty shall be imprisonment between two to eight years.
(3) Any person who fails to disclose any facts that may bring about the dismissal of misdemeanor proceedings, or proceedings for infraction or disciplinary infraction punishable by an administrative penalty, to the person involved, to his counsel or the authorities, is guilty of a misdemeanor punishable by custodial arrest.
(4) A person shall not be prosecuted for suppressing exculpatory evidence:
a) if his coming forth with a fact would incriminate himself or his family member; aa) in a criminal offense under criminal proceedings or in proceedings before the authorities, ab) in a criminal offense or a misdemeanor in misdemeanor proceedings,
ac) in a criminal offense, misdemeanor, infraction punishable by an administrative penalty or
disciplinary infraction in disciplinary proceedings;
b) who cannot be examined as a witness in accordance with the law.

Harboring a Criminal

Section 282
(1) Any person, who - without having agreed with the perpetrator of a crime before the crime is committed:
a) gives assistance to the perpetrator to escape from the authority;
b) attempts to obstruct the criminal proceedings; or
c) partakes in securing the profit resulting from the crime;
is guilty of a misdemeanor punishable by imprisonment not exceeding two years.
(2) The penalty for a felony shall be imprisonment not exceeding three years if harboring a criminal is committed for financial gain.
(3) The penalty shall be imprisonment between one to five years if the offense of harboring a criminal is committed:
a) in connection with a criminal offense covered by Chapter XIII, XIV or XXIV [other than
failure to report offenses against the State [Subsection (1) of Section 263];
b) in connection with homicide [Subsections (1)-(3) and (5) of Section 160], kidnapping
[Subsections (1)-(4) of Section 190], trafficking in human beings [Subsections (1)-(6) of Section 192], acts of terrorism [Subsections (1)-(2) of Section 314], terrorist financing [Subsections (1)-
(2) of Section 318], unlawful seizure of a vehicle [Subsections (1)-(2) of Section 320];
c) in connection with a crime that carries a maximum sentence of life imprisonment, other than
those provided for in Paragraphs a)-b); or
d) by a public official or foreign public official acting in an official capacity, in breach of their
official duties, or by a person entrusted with public functions, while acting in an official capacity.
(4) Except for Subsection (2) and Paragraph b) of Subsection (3), the person who provides the assistance referred to in Paragraph a) of Subsection (1) to his family member shall not be prosecuted.

Escape from Custody

Section 283
(1) Any person who escapes from the custody of the authority in the course of criminal proceedings or from imprisonment or custodial arrest is guilty of a felony punishable by imprisonment not exceeding three years.
(2) Any person who, in an attempt to evade criminal proceedings, breaches the rules of obligation to stay in a place and flees the designated area or district, or breaches the rules of house arrest and flees the designated residence and the adjoining enclosed area, is guilty of misdemeanor punishable by imprisonment not exceeding two years.
(3) Any convicted perpetrator who is released from custody on the grounds of authorized interruption, leave, short leave or furlough, and fails to return in due time with the intention of escaping further imprisonment is punishable by imprisonment not exceeding one year.
(4) The penalty for escaping from custody may be reduced without limitation if the convicted perpetrator surrenders on his own accord before apprehended by the authorities.

Prison Riot

Section 284
(1) Any prisoner who conspires with his fellow prisoners in an open disobedience seriously endangering the rules of detention is guilty of a felony punishable by imprisonment between one to five years.
(2) The penalty for prison riot shall be imprisonment between two to eight years:
a) for the instigator, organizer or leader of the riot;
b) for any participant who applies violence against a person attempting to break off the riot.
(3) The penalty shall be imprisonment between five to fifteen years if the prison riot leads to particularly serious consequences.
(4) The penalty shall be imprisonment between five to twenty years or life imprisonment if the prison riot results in death.
(5) Any person who engages in preparations for a prison riot is punishable by imprisonment not exceeding three years.
(6) In the case of Subsection (1), the punishment of the person who gives up resistance voluntarily or upon the appeal of the authority may be reduced without limitation.

Legal Malpractice

Section 285
(1) Any attorney who - with the aim of causing any wrong to his client unlawfully - breaches his professional duty is guilty of a felony punishable by imprisonment not exceeding three years.
(2) The penalty shall be imprisonment between one to five years if legal malpractice is committed for financial gain.
(3) For the purposes of this Section, ‘attorney’ shall also include articled clerks and any other persons entitled to provide legal counsel by profession.

Pettifoggery

Section 286
(1) Any person who unlawfully performs attorney, legal counsel or notary services on a commercial scale is guilty of a misdemeanor punishable by imprisonment not exceeding two years.
(2) Any person who commits pettifoggery by pretending to have proper authorization to engage in attorney, legal counsel or notary services is guilty of a felony punishable by imprisonment not exceeding three years.

Breach of Seal

Section 287
(1) Any person who:
a) removes or breaches a seal installed for confiscation, seizure or sequestration ordered in the
course of an official proceeding;
b) opens the sealed-off premises serving for the custody of confiscated, seized or sequestered
items;
c) provides access for unauthorized persons to data recorded by means of information systems
and held in his safekeeping, or removes such from the proceedings or modifies such data;
d) provides access for unauthorized persons to data that has been rendered inaccessible in the
course of criminal proceedings, or removes such from the proceedings or modifies such data; is guilty of a misdemeanor punishable by imprisonment not exceeding one year.
(2) Any person who conceals a confiscated, seized or sequestered item from judicial enforcement is guilty of a felony punishable by imprisonment not exceeding three years.
(3) Any person who commits the criminal act defined in Subsection (2) shall not be prosecuted for breach of seal if he returns the item in question undamaged to the acting authority before the indictment is filed.

Obstruction of Judicial Enforcement

Section 288
(1) Any person who was fined for contempt in the course of judicial enforcement and continues the conduct for which the fine was imposed, or fails to comply with his obligation prescribed by law in connection with the enforcement proceedings, other than the obligation contained in the enforcement order, is guilty of a misdemeanor punishable by imprisonment not exceeding one year.
(2) The perpetrator shall not be prosecuted if he complies with his obligation in connection with the enforcement proceedings before the indictment is filed.

Obstruction of Justice in International Court

Section 289
The provisions of Sections 268-282 shall apply when the acts defined therein are committed in the course of or in connection with, proceedings of an international criminal court installed under international convention promulgated by an act, or under a statutory resolution adopted by the United Nations Security Council, or by the Court of Justice of the European Union.