SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Giving a False testimony

Article 389
(1) A witness, expert witness, translator or interpreter who gives a false testimony before the court in a disciplinary, misdemeanor or administrative procedure or any other procedure laid down by law shall be punished by a prison term up to three years.

(2) The punishment under para. 1 above shall also apply to a party who in the course of presentation of evidence by hearing parties in a court or administrative procedure gives a false testimony, when such a testimony serves as grounds for the decision passed in that procedure.

(3) Where a false testimony was given in criminal proceedings, the perpetrator giving such a testimony shall be punished by a prison term from three months to five years.

(4) Where the offence under para. 3 above resulted in particularly grave consequences for the accused, the perpetrator shall be punished by a prison term from one year to eight years.

(5) If the perpetrator revokes the false testimony of his own free will before the final decision is passed, he shall be punished by a fine or a prison term up to three months, and punishment may also be remitted.

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Interference in Production of Evidence

Article 390
(1) Anyone who gives, offers or promises a gift or other undue advantage to a witness or expert witness or other participant before a court or other state authority or who uses force or threat against him in order for that person to affect the outcome of the proceedings by giving false testimony or by refraining from giving a testimony shall be punished by a prison term from six months to five years.

(2) Anyone who with the intention to prevent or impede production of evidence conceals, destroys, damages, or makes unusable in whole or in part someone else's document or other objects which serve as evidence shall be punished by a fine or a prison term up to one year.

(3) The punishment under para. 2 above shall also apply to anyone who with the intention referred to in para. 2 hereof removes, destroys, damages, moves or relocates a borderline stone, land registry mark or any other mark indicating ownership of real estate or right to the use of water, or a person who fraudulently places such a mark with the same intention.

SPECIAL PART

TITLE THIRTY-FOUR
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY

Passive Bribery

Article 423
(1) A public official who directly or indirectly solicits or receives a gift or any other undue advantage, or who accepts a promise of a gift or any undue advantage for himself or for another person for agreeing to perform an official or other act which he must not perform, or not to perform an official or other act which he must perform shall be punished by a prison term from two to twelve years.

(2) A public official who directly or indirectly solicits or receives a gift or any other undue advantage, or who accepts a promise of gift or any undue advantage for himself or another person for agreeing to perform an official or other act which he must perform, or not to perform an official or other act which he must not perform shall be punished by a prison term from two to eight years.

(3) A public official who commits the offences under paras 1 or 2 above in relation to detection of a criminal offence, initiating or conducting of criminal proceedings, pronouncing or enforcing of a criminal sanction shall be punished by a prison term from three to fifteen years.

(4) A public official who after performing an official or other act or after refraining from performing an official or other act as envisaged by paras 1, 2 and 3 above, or in conjunction with such acts, solicits or receives a gift or other undue advantage shall be punished by a prison term from three months to three years.

(5) A foreign public official who commits any of the offences under paras 1, 2, 3 and 4 above shall be punished by the punishment prescribed for that offence.

(6) Where a responsible officer or another person in an institution or other noncommercial entity commits any of the offences under paras 1, 2 and 4 above shall be punished by the punishment prescribed for that offence.

(7) The gift received or any other undue advantage gained shall be confiscated.

SPECIAL PART

TITLE THIRTY-FOUR
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY

Active Bribery
Article 424

(1) Anyone who gives, offers or promises a gift or other undue advantage for himself or for another person to a public official or another person for agreeing to perform and official or other act he must not perform or not to perform an official or other act he must perform or anyone who intercedes in bribing a public official in the manner described above shall be punished by a prison term from six months to five years.

(2) Anyone who gives, offers or promises a gift or other undue advantage to a public official or other 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 anyone who intercedes in bribing a public official in the manner described above shall be punished by a prison term up to three years.

(3) The provisions of paras 1 and 2 above shall also apply where a gift or other undue advantage was given, offered or promised to a foreign public official.

(4) The punishment may be remitted where a perpetrator of the offences under paras 1, 2 and 3 above had reported the criminal offence before he learned that the crime had been detected.

(5) The provisions of paras 1, 2 and 4 above shall also apply when a gift or other undue advantage was given, offered or promised to a a responsible officer or other person in an institution or another non-commercial entity.

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.