Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 338. Obviously false testimony or obviously false conclusion, or obviously incorrect translation.

1. Obviously false testimony of the witness or the aggrieved person during the preliminary investigation or in court, or the expert’s obviously false conclusion, as well as, the translator’s obviously incorrect translation, is punished with a fine in the amount of 100 to 300 minimal salaries, correctional labor for up to 2 years, or with arrest for the term of up to 3 months.

2. The same action that :
1) Involved charges of committal of a grave or particularly grave crime ;
2) was accompanied with artificial creation of evidence of the prosecution ;
3) committed with mercenary purposes,is punished with imprisonment for the term of up to 5 years.

3. In cases envisaged in law, the person who refuses to testify is not subject to criminal liability, provided he during the preliminary investigation or court trial, prior to the sentence or ruling of the court, made a voluntarily statement about the falsehood of his testimony, conclusion or translation.

Article 504. Giving False Testimony or Conclusion, or Opinion or Performing Incorrect Interpretation

1. Giving a false statement in a civil or administrative case or an administrative proceeding or giving a false testimony, or providing a false conclusion or opinion by an expert, or performing incorrect interpretation by the interpreter in a criminal, civil or administrative case or proceeding or giving a false testimony by a witness in a case of confirmation of a legally significant fact by a notary, if that had a significant outcome for resolving the case or undermined the case proceeding—
shall be punished by a fine in the maximum amount of twenty-fold, or public works for a term of eighty to one hundred and fifty hours, or restriction of liberty for a term of maximum two years, or short-term imprisonment for a term of maximum two months, or imprisonment for a term of maximum two years.

2. The act prescribed for in Part 1 of this Article, committed:

1)  out of mercenary motives, or
2)  in connection with a grave or particularly grave crime—
shall be punished by imprisonment for a term of two to five years.

3. The person, who gave false testimony, explanation or false conclusion, or a person, who provided incorrect translation, shall be exempted from the liability established by this Article, if he/she voluntarily informed about the false testimony, explanation, conclusion or incorrect translation provided by him/her during the preliminary investigation or court examination of the main case or administrative proceeding and before passing of the judgement, verdict or other final (concluding) decision by the body performing the proceeding.

4. For the purpose of this Article, the main case shall be considered the criminal, civil or administrative case, in the framework of which the false testimony, false conclusion or opinion was provided or incorrect translation was performed.