'Offences against administration of justice' in document 'Armenia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 332. Hindrance to administration of justice and conducting investigation.

1. Any intervention into the activities of the court, with the purpose of hindrance to the administration of justice, is punished with a fine in the amount of 200 to 400 minimal salaries, or with arrest for the term of 1-3 months, or with imprisonment for the term of up to 2 years.

2. Any intervention into the activities of the prosecutor, investigator or the person in charge of inquiry, with the purpose of hindrance to the comprehensive, complete and objective investigation of the case, is punished with a fine in the amount of 100 to 300 minimal salaries, or with arrest for the term of 1-3 months.

3. The actions envisaged in part 1 or 2 of this Article, committed by a person by abuse of official position, are punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 334. Concealment of crime.

1. Concealment of a grave or a particularly grave crime, as well as tools and means of the crime, crime traces or criminally acquired items, which had not been previously promised, is punished with a fine in the amount of 300 to 500 minimal salaries, or with arrest for the term of 1-3 months, or with imprisonment for the term of up to 2 years.

2. The spouse of the person who committed a crime and one’s close relatives are not subject to criminal liability for concealment of the crime which had not been previously promised.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 337. Hindrance to the appearance or testimony of the witness or the aggrieved.

Hindrance to the appearance or testimony of the witness or the aggrieved person to the court, to investigation bodies, committed by violence, by threat of violence or other illegal acts, is punished with a fine in the amount of 300 to 500 minimal salaries, or with arrest for the term of up to 3 months, or with imprisonment for the term of up to 2 years .

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.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 341. Forcing testimony by the judge, by the prosecutor, by the investigator or by the person in charge of inquiry.

1. Forcing the suspect, the accused, the defendant, the aggrieved, the witness or the expert, or the translator, by the judge, the prosecutor, the investigator or person in charge of inquiry, by using extortion or any other illegal action, to make a false testimony, conclusion or translation, is punished with deprivation of the right to hold certain posts or practice certain activities for up to 5 years, or with arrest for the term of up to 3 months, or with imprisonment for the term of up to 2 years.

2. The same action committed by the persons mentioned in part 1 by using torture, insult or other violence, are punished with imprisonment for the term of 3 to 8 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

3. The actions envisaged in parts 1 or 2 of this Article, which caused grave consequences, are punished with imprisonment for the term of 6 to 12 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years .

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 343. Contemptuous treatment of court.

1. Contemptuous treatment of court which was expressed in insulting the participants of the trial, is punished with a fine in the amount of 100 to 300 minimal salaries, or with arrest for 1-2 months.

2. The same action expressed in the insult of the judge with respect to the execution of official duties of the latter, is punished with a fine in the amount of 200 to 500 minimal salaries, or correctional labor for 1-2 years, or with arrest for 2-3 months.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 347. Threat or violence in relation to preliminary investigation or administration of justice.

1. Threat to murder a judge or his close relatives, to inflict damage to health, destroy or damage property, concerned with the trial of the case or material in court, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 3 years.

2. The same action committed against a prosecutor, an investigator, person in charge of inquiry, defense lawyer, expert, court marshal or their relatives, concerning the preliminary investigation, the trial of the case or material in court, the sentence, verdict or other act, is punished with a fine in the amount of 200 to 400 minimal salaries, or with arrest for the term of 3 to 6 months, or with imprisonment for the term of up to 2 years.

3. The action envisaged in parts 1 or 2 of this Article, committed with violence not dangerous for life or health, is punished with imprisonment for the term of up to 5 years.

4. The action envisaged in parts 1, 2 or 3 of this Article, committed with violence dangerous for life or health, is punished with imprisonment for the term of 5 to 10 years.

Article 349. Forgery of evidence.

1. Forgery of evidence by a person or his representative participating in a civil case, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for 1-2 years, or with arrest for the term of 1-2 months.

2. Forgery of evidence by a person in charge of inquiry, the investigator, the prosecutor or defense lawyer in a criminal case, is punished with imprisonment for the term of up to 3 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

3. Forgery of evidence in a criminal case by persons mentioned in parts 1 or 2 of this Article, which was:
1) committed concerning cases with grave or particularly grave crimes;
2) negligently caused grave consequences, is punished with imprisonment for the term of 3 to 7 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

Article 350. Entrapment for bribe or commercial bribe.

Entrapment for bribe or commercial bribe, i.e. to create artificial evidence or to blackmail an official or an executive or a manager of a commercial or other organization, an attempt to impose on them money, securities, other property or property services, is punished with a fine in the amount of 300-500 minimal salaries, or imprisonment for up to 5 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

RELEVANT ROME STATUTE PROVISIONS

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.