'Impeding, intimidating or corruptly influencing an official of the Court' in document 'Bulgaria - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

SPECIAL PART

Chapter Eight - CRIMES AGAINST ACTIVITIES OF STATE BODIES AND PUBLIC ORGANISATIONS AND PERSONS PERFORMING PUBLIC FUNCTIONS

Section III- Crimes Against Justice

Article 289

A person who entices official of the investigating bodies or of the prosecutor office or of the judicial authorities to violate their official duty in connection with the administration of justice, shall be punished by deprivation of liberty from one to six years.

BULGARIA – CRIMINAL CODE

SPECIAL PART

Chapter Eight - CRIMES AGAINST ACTIVITIES OF STATE BODIES AND PUBLIC ORGANISATIONS AND PERSONS PERFORMING PUBLIC FUNCTIONS

Section IV - Bribery

Article 302

For bribery committed:

1. (Last Amendment, SG No.26/2010) by a person holding a responsible official position, including that of a judge, assessor, prosecutor, or investigator, or police authority or the investigating officer.

2. through blackmail with abuse of one's official position;

3. (Amended, SG No. 28/1982) for a second time, and

4. on a large scale, the punishment shall be:

a) in the cases of Article 301, paragraphs (1) and (2) - deprivation of liberty for three to ten years, fine of up to BGN twenty thousand, and deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7;

b) in the cases of Article 301, paragraph (3) - deprivation of liberty from three to fifteen years, fine of up to BGN twenty-five thousand, and confiscation of up to one half of the culprit's property, and the court shall rule deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 302a

For bribery in particularly large amounts, representing a particularly grave case, the punishment shall be deprivation of liberty from ten to thirty years, fine of up to BGN thirty thousand, confiscation of the whole or part of the culprit's property and deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 303

In accordance with the differences under the preceding articles, the official shall also be punished where, with his consent, the gift or material benefit have been offered, promised, or given to another person.

Article 304

(1) A person who offers, promises, or gives a gift or any other material benefit to an official in order to perform or not to perform an act within the framework of his service, or because he has performed or has not performed such an act, shall be punished by deprivation of liberty for a term of up to six years and a fine of up to BGN five thousand.

(2) If in connection with such bribe the official has violated his official duties, the punishment shall be deprivation of liberty for a term of up to eight years and a fine of up to BGN seven thousand, where this violation does not constitute a graver punishable crime.

(3) The punishment as per paragraph (1) above shall be also inflicted on any person who gives a bribe to a foreign official.

Article 304a

A person who proposes, promises or gives a bribe to an official in a responsible position, including that of a judge, assessor, prosecutor, or investigator or police authority or the investigating officer shall be punished by deprivation of liberty for a term of up to ten years and a fine of up to BGN fifteen thousand.

Article 304b

(1) Anyone who requests or accepts a gift, or any undue benefit, or accepts a proposal or promise for a gift or benefit, in order to exert influence over an official or a foreign official in decision-making in relation to his/her service, shall be punished by deprivation of liberty of up to six years and a fine of up to BGN five thousand.

(2) Anyone who proposes, promises, or gives a gift or any undue benefit to a person alleging he/she might exert the influence under par. 1, shall be punished by deprivation of liberty of up to three years and a fine of up to BGN three thousand.

Article 305

(1) The punishments for bribery under the preceding paragraphs shall also be imposed to an arbiter or expert, appointed by a court, institution, enterprise or organisation where they perpetrate such acts in connection with the tasks entrusted to them, as well as on the person who proposes, promises, or gives such a bribe.

(2) Punishments for bribery under the preceding articles shall be imposed to a defence counsel of any party in judicial proceedings where he/she commits an act, as stated above, to help adjudicate to the benefit of the adversary or to the detriment of their client pending criminal or civil proceedings at stake, as well to the individual who proposes, promises or gives such bribe.

Article 305a

A person who mediates for any of the acts under the preceding articles, if the perpetrated act does not represent a graver crime, shall be punished by deprivation of liberty for up to three years and a fine of up to BGN five thousand.

Article 306

A person who has proposed, promised, or given a bribe shall not be punished: if he has been blackmailed by the official, arbiter or by the expert to do so and if of his own accord he has immediately informed the authorities.

Article 307

A person who with premeditation creates a situation or conditions conducive to the offering, giving or receiving of a bribe for the purpose of causing harm to a person who gives or receives the bribe, shall be punished for provocation to give or take bribe by deprivation of liberty for up to three years.

Article 307a

The object of the crime under this section shall be confiscated in favour of the state and where it is missing, a sum equal to its value shall be adjudged.

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:
(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