'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' 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 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:
(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