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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 303. Interference with the Dispense of Justice and with Criminal Investigations

(1) Interference in any form with the examination of cases by courts in order to hinder the
comprehensive, complete, and objective examination of a specific case or in order to obtain an illegal court decision shall be punished by a fine in the amount of 200 to 500 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 2 years.

(2) Interference in any form with the activities of criminal investigative bodies in order to hinder the speedy, complete, and objective investigation of a criminal case shall be punished by a fine of up to 350 conventional units or by community service for 180 to 240 hours.

(3) The actions set forth in par. (1) or (2) committed with the use of an official position shall be punished by a fine in the amount of 400 to 600 conventional units or by imprisonment for up to 4 years, in both cases with the deprivation of the right to hold certain positions or to practice certain activities for up to 3 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 309. Coercion to Testify

(1) Coercing a person by threats or other illegal acts to testify during an interrogation, coercing in the same way an expert to offer a conclusion, or coercing a translator or an interpreter to provide an incorrect translation or interpretation committed by the person conducting a criminal investigation shall be punished by imprisonment for up to 3 years with the deprivation of the right to hold certain positions or to practice a certain activity for up to 5 years.

(2) The same action involving :

a) violence ;
b) cruel, inhumane, or degrading treatment ;
c) a plea bargaining agreement,
shall be punished by imprisonment for 3 to 8 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 310. Falsification of Evidence

(1) The falsification of evidence in a civil case by a participant in a hearing or by his/her representative shall be punished by a fine in the amount of 500 to 800 conventional units or
by community service for 180 to 240 hours, in both cases with (or without) the deprivation of
the right to hold certain positions or to practice certain activities for 2 to 5 years.

(2) The falsification of evidence in a criminal case by the person conducting a criminal investigation, a prosecutor or the attorney acting in the criminal case shall be punished by a fine in the amount of 500 to 1000 conventional units or by imprisonment for up to 3 years, in both cases with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 312. False Statements, Expert Conclusions, or Incorrect Translations

(1) A deliberate false statement by a witness or the injured party or a false expert conclusion by a specialist or expert or an incorrect translation or interpretation by a translator or the interpreter provided that such an action was committed in the course of a criminal investigation or case hearing shall be punished by a fine of up to 300 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 2 years, in all cases with (or without) the deprivation of the right to hold certain positions or to practice certain activities for up to 2 years.

(2) The same actions :

a) involving serious, especially serious or exceptionally serious crimes ;
b) committed for purposes of profit ;
c) involving the artificial fabrication of incriminating evidence, ;
shall be punished by a fine in the amount of 200 to 800 conventional units or by imprisonment for up to 5 years, in both cases with (or without) the deprivation of the right to hold certain positions or to practice certain activities for up to 3 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 314. Coercion to Make False Statements, False Expert Conclusions, or Incorrect Translations or to Evade Such Obligations

(1) Coercing a witness or an injured party to make false statements, coercing an expert to provide false expert conclusions or statements, coercing an interpreter or translator to provide an incorrect interpretation or translation or to evade such obligations shall be punished by a fine in the amount of 200 to 500 conventional units or by imprisonment for up to 3 years.

(2) The same action :

a) committed by an organized criminal group or a criminal organization
[Letter b) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
shall be punished by a fine in the amount of 300 to 800 conventional units or by imprisonment for up to 5 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.