Penal Code

Passed on 6 June 2001, will enter into force on 1 September 2002.

Chapter 18

Offences Against Administration of Justice

Division 1

Obstruction of Administration of Justice

§ 302. Causing serious health damage to judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

(1) Causing serious damage to the health of a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, with the intention to compel the judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of the victim to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person, is punishable by 4 to 12 years’ imprisonment.

(2) The same act, if the death of a person specified in subsection (1) of this section is thereby caused, is punishable by 6 to 20 years’ imprisonment.

§ 303. Violence against judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

Use of violence against a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, or influencing a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of a victim in any other manner, with the intention to compel him or her to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person, is punishable by a pecuniary punishment or 1 to 5 years’ imprisonment.

§ 304. Damaging or destroying property of judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

Damaging or destroying the property of a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, with the intention to compel the judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of the victim to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person, is punishable by pecuniary punishment or up to 5 years’ imprisonment.

§ 305. Defamation of court or judge

Defamation of a court or judge in connection with their participation in administration of justice is punishable by a pecuniary punishment or up to 2 years’ imprisonment.

§ 306. Non-disclosure of criminal offence

(1) Non-disclosure by a person other than the offender of a criminal offence in the first degree after the fact is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

(2) Non-disclosure of a criminal offence after the fact by the offender’s parent, child, adoptive parent, adopted child, brother, sister, grandparent, grandchild, spouse or a parent thereof does not constitute guilt.

§ 307. Failure to report crime

(1) Failure to report preparation or commission by another person of a criminal offence in the first degree is punishable by a pecuniary punishment or up to 3 years’ imprisonment.

(2) Failure by the offender’s parent, child, adoptive parent, adopted child, brother, sister, grandparent, grandchild, spouse or a parent thereof to report preparation or commission of a criminal offence in the first degree does not constitute guilt.

§ 308. Violation of requirements for safekeeping recorded assets

Use or disposal, without the authorisation of the entitled person, of assets recorded in order to secure a civil action, execution proceeding, confiscation, fine, pecuniary punishment or compensation for legal costs, by a person who is responsible for the storage of the assets is punishable by a pecuniary punishment or up to one year of imprisonment.

§ 309. Obstruction of activities of court security guard

Failure to comply with a lawful order given by a court security guard, or obstruction of his or her professional activities, is punishable by a pecuniary punishment.

Division 2

Offences Against Person’s Rights in Pre-trial Proceedings or Court Proceedings

§ 310. Unlawful charges of criminal offence

A preliminary investigator or prosecutor who knowingly charges an innocent person with a criminal offence shall be punished by a pecuniary punishment or up to one year of imprisonment.

§ 311. Making of unlawful court judgment or ruling

A judge who knowingly makes an unlawful court judgment or ruling shall be punished by 5 to 10 years’ imprisonment.

§ 312. Unlawful interrogation

A preliminary investigator or prosecutor who uses violence in order to compel a person to give testimony shall be punished by a pecuniary punishment or 1 to 5 years’ imprisonment.

§ 313. Unlawful application of measures securing conduct of judicial proceedings

Taking into custody or keeping in custody or detention, or compelled attendance, if applied in order to secure the conduct of a judicial proceeding but without a legal basis, is punishable by a pecuniary punishment or up to 3 years’ imprisonment.

§ 314. Unlawful search or eviction

Unlawful search or eviction from a dwelling is punishable by a pecuniary punishment.

§ 315. Unlawful special or exceptional surveillance activities

Unlawful special or exceptional surveillance activities conducted by a person with the right arising from law to engage in surveillance are punishable by a pecuniary punishment or up to 3 years’ imprisonment.

§ 316. Fraudulent creation of evidence

Fraudulent creation of evidence with the intention to obstruct ascertainment of the commission or absence of an act punishable as a criminal offence, or of any other facts relating to the subject of proof, is punishable by a pecuniary punishment or 1 to 5 years’ imprisonment.

§ 317. Obstruction of appearance of participant in proceedings, witness, victim, expert, translator or interpreter

Preventing a participant in a proceeding, a witness, expert, translator or interpreter from appearing at a pre-trial proceeding or court proceeding is punishable by a pecuniary punishment or up to one year of imprisonment.

§ 318. Refusal by witness, victim, translator or interpreter to perform duties

Unjustified refusal by a victim or witness to give testimony in a pre-trial or court proceeding, whereas such person had been warned in advance of the punishability of such acts, or unjustified refusal by a translator or interpreter to perform his or her duties is punishable by a pecuniary punishment or up to one year of imprisonment.

§ 319. False accusation

(1) Submission of knowingly false accusations concerning commission of a criminal offence by another person is punishable by a pecuniary punishment or up to one year of imprisonment.

(2) The same act, if it involves fraudulent creation of evidence, is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

§ 320. False testimony

(1) A victim or witness who gives knowingly false testimony in a pre-trial or court proceeding, whereas he or she had been warned in advance of the punishability of such act, shall be punished by a pecuniary punishment or up to 3 years’ imprisonment.

(2) The same act, if it involves fraudulent creation of evidence, is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

§ 321. False expert opinion or false translation or interpretation

(1) Rendering a knowingly false opinion by an expert, or provision of a knowingly false translation or interpretation by a translator or interpreter, is punishable by a pecuniary punishment or up to one year of imprisonment.

(2) The same act, if it involves fraudulent creation of evidence, is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

§ 322. Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation

Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation, if committed by using violence, is punishable by a pecuniary punishment or up to 4 years’ imprisonment.

§ 323. Use of violence against suspect, accused, accused at trial, acquitted person, convicted offender, witness, expert, translator, interpreter or victim

Use of violence against a suspect, the accused, the accused at trial, an acquitted person, a convicted offender, a witness, expert, translator, interpreter or victim in order to prevent him or her from performing his or her duties or exercising his or her rights in criminal procedure, or to take revenge for his or her lawful activities in criminal procedure, is punishable by a pecuniary punishment or up to 5 years’ imprisonment.