Offences against administration of justice

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 24. Protection of a Person and Property in the Case of a Threat
(1) A person who is threatened in connection to the fulfilment of his or her criminal procedural obligation has the right to request the person directing the proceedings to take the measures provided for by law for the protection of such person and his or her property, as well as for the protection of the immediate family of such person.

(2) When receiving the information referred to in Paragraph one of this Section, the person directing the proceedings shall, depending on the specific circumstances, decide on the necessity to take one or more of the following measures:
1) to initiate another criminal proceeding for the investigation of the threat;
2) to select a corresponding security measure for the person in the interest of whom the threat has taken place;
3) to institute determination of special procedural protection for the person who is being threatened;
4) to assign law enforcement institutions with the task of protecting the person or his or her property, as well as protecting the immediate family of such person.

(3) If the measures referred to in Paragraph two of this Section are not able to prevent an actual threat to the life of a person, the person directing the proceedings shall refuse the use of the evidence that is the case of the threat. .

Section 64. Duties of a Detained Person

(1^1) A detained person has a duty to provide true testimonies if he or she is exercising the right to testify.

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.