Offences against administration of justice

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 166
(1) A public official who while performing his duties uses force or threats or other inadmissible means or inadmissible manner with the intention to extort a testimony or another statement from the accused, witness, expert witness or another person shall be punished by a prison sentence for a term from three months to five years.
(2) Where the extortion of testimony or statement is accompanied by severe violence, or where extremely grave consequences occur for the accused in criminal proceedings due to extorted testimony, the offender shall be punished by a prison sentence for a term from two to ten years.

Article 389
(1) A witness, expert witness, translator or interpreter who gives false testimony before the court in a disciplinary, misdemeanour or administrative procedure or any other procedure laid down by law shall be punished by a prison sentence for a term not exceeding three years.
(2) The penalty set out in paragraph 1 of this Article shall also be imposed on a party who gives false testimony in the course of presentation of evidence by hearing parties in a court or administrative procedure, where such testimony serves as grounds for the decision rendered in that procedure.
(3) Where the false testimony was given in criminal proceedings, the perpetrator shall be punished by a prison sentence for a term from three months to five years.
(4) Where the offence set forth in paragraph 3 of this Article resulted in particularly grave consequences to the accused person, the perpetrator shall be punished by a prison sentence for a term from one to eight years.
(5) Where the perpetrator revokes the false testimony of his own free will before the final decision has been rendered, he shall be punished by a fine or a prison sentence for a term not exceeding three months, and he may also be released from punishment.

Article 390
(1) Whoever gives, offers or promises a gift or another advantage to a witness or expert witness or another participant before a court or another state authority, or a member of his family or family community or who uses force or threats against him in order for that person to affect the outcome of proceedings by giving false testimony or refraining from giving testimony, shall be punished by a prison sentence for a term from six months to five years.
(2) Whoever, intending to prevent or impede production of evidence, conceals, destroys, damages, or makes unusable, in whole or in part, another person’s document or other objects which serve as evidence shall be punished by a fine or a prison sentence for a term not exceeding one year.
(3) The penalty set out in paragraph 2 of this Article shall also be imposed on whomever with the intention set out in paragraph 2 of this Article removes, destroys, damages, moves or relocates a borderline stone, survey marker or any other mark indicating ownership of real estate or the right to use water, or a person who fraudulently places such a mark with the same intention.

Article 391
(1) Whoever unauthorisedly discloses information obtained in a court, misdemeanour, administrative or other procedure laid down by law, where such information may not be publicly disclosed under law or where it has been declared secret by a decision of a court or another competent authority, shall be punished by a fine or a prison sentence for a term not exceeding one year.
(2) The penalty set out in paragraph 1 of this Article shall also be imposed on whomever, without the permission of the court, publicly discloses the course of criminal proceedings conducted against juveniles or the decision rendered in such procedure or who publicly discloses the name of the juvenile against whom proceedings were conducted or the data revealing the identity of the juvenile.
(3) Whoever unauthorisedly discloses identity data or personal data of the person protected in criminal proceedings or under a special protection programme, shall be punished by a prison sentence for a term not exceeding three years.
(4) Where the offence set forth in paragraph 3 of this Article resulted in grave consequences to the protected person or where it prevented or significantly hindered the conduct of criminal proceedings, the perpetrator shall be punished by a prison sentence for a term from six months to five years.


Article 396a
(1) Whoever by means of force or threats or otherwise seriously obstructs or prevents a judge, public prosecutor, his deputy, notary public or an enforcement agent in performance of their duties in order that they deliver or not deliver a decision shall be punished by a prison sentence for a term from six months to five years.
(2) Whoever in the commission of the offence set forth in paragraph 1 of this Article threatens to use weapons or inflicts on the persons set out in paragraph 1 of this Article a light bodily injury shall be punished by a prison sentence for a term from one to eight years.

Article 396a
(1) Whoever by means of force or threats or otherwise seriously obstructs or prevents a judge, public prosecutor, his deputy, notary public or an enforcement agent in performance of their duties in order that they deliver or not deliver a decision shall be punished by a prison sentence for a term from six months to five years.
(2) Whoever in the commission of the offence set forth in paragraph 1 of this Article threatens to use weapons or inflicts on the persons set out in paragraph 1 of this Article a light bodily injury shall be punished by a prison sentence for a term from one to eight years.

Article 414
(1) A public official who enters false data or fails to enter important data in an official document, register or file, or who authenticates with his signature or official seal an official document, register or file with fake contents, or who enables another with his signature or official seal to produce an official document, register or file with fake contents shall be punished by a prison sentence for a term from three months to
five years.


Article 418
A public official who collects payment from another person who is not obliged to pay or who charges another person more than he has duty to pay, or who when paying another person or handing over an item to another person pays or hands over less than the amount he is obliged to pay shall be punished by a fine or a prison sentence for a term not exceeding three years.


Article 419
(1) A public official who, while performing his duties, with the intention of obtaining for himself or another person unlawful material benefit by submitting false statements of account or who otherwise misleads an authorized person to make an unlawful payment shall be punished by a prison sentence for a term from six months to five years.
(2) Where the offence set forth in paragraph 1 of this Article results in material benefit exceeding three thousand euro, the perpetrator shall be punished by a prison sentence for a term from one to eight years.
(3) Where the offence set forth in paragraph 1 of this Article results in material benefit exceeding thirty thousand euro, the perpetrator shall be punished by a prison sentence for a term from two to ten years.

Article 423
(1) A public official who directly or indirectly solicits or receives a bribe or who accepts a promise of a bribe for himself or for another for agreeing to perform an official or another act which he must not perform, or not to perform an official or another act which he must perform shall be punished by a prison sentence for a term from two to twelve years.
(2) A public official who directly or indirectly solicits or receives a bribe, or who accepts a promise of a bribe for himself or another for agreeing to perform an official or another act which he must perform, or not to perform an official or another act which he must not perform shall be punished by a prison sentence from two to eight years.
(3) A public official who commits an offence set forth in paragraphs 1 or 2 of this Article in relation to detection of a criminal offence, initiating or conducting of criminal proceedings, imposing or enforcing a criminal sanction shall be punished by a prison sentence for a term from three to fifteen years.
(4) A public official who after performing or failure to perform an official or other act set out in paragraphs 1, 2 and 3 of this Article, or in conjunction with such act, solicits or receives a bribe shall be punished by a prison sentence for a term from three months to three years.
(5) Where a responsible officer or another person of an institution or another noncommercial entity commits an offence set forth in paragraphs 1, 2 and 4 of this Article, he shall be punished by the penalty prescribed for that offence.

Article 424
(1) Whoever directly or indirectly gives, offers or promises a bribe to a public official, for himself or for another person, for agreeing to perform an official or other act he must not perform or not to perform an official or other act he must perform or whoever intercedes in bribing a public official in the manner described above shall be punished by a prison sentence for a term from one to eight years.
(2) Whoever directly or indirectly gives, offers or promises a bribe to an official person, for himself or for another person, for agreeing to perform an official or other act he must perform or not to perform an official or other act he must not perform, or whoever intercedes in bribing an official person in the manner described above shall be punished by a prison sentence for a term from six months to five years.
(3) The perpetrator of the offence set forth in paragraphs 1 and 2 of this Article who had reported the offence before he learned it had been detected may be released from punishment.
(4) Provisions of paragraphs 1, 2 and 3 of this Article shall also apply when a bribe was given, offered or promised to a responsible officer or another person of an institution or another non-commercial entity.

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.