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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 294. Obstruction of the Administration of Justice and of Preliminary Investigations

1. Interference in any form in the functioning of the Court, for the purpose of obstructing the administration of justice, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to two years.

2. Interference in any form in the activity of a procurator, investigator, or a person conducting inquests for the purpose of obstructing the all-round, full, and objective investigation of a case, shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of 180 to 240 hours, or by arrest for a term of three to six months.

3. Deeds stipulated in the first or second part of this Article, and committed by a person using his official position, shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years months, or by deprivation of liberty for a term of up to four years, with disqualification to hold specified offices or to engage in specified activities for a term of up to three years, or without such disqualification.

Federal Law No. 73-FZ of July 21, 2004 amended Article 295 of the present Code shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 295. Encroachment on the Life of a Person Administering Justice or Engaged in a Preliminary Investigation

Encroachment on the life of a judge, juror, or any other person participating in the administration of justice, of a procurator, investigator, a person conducting a inquest, a defence lawyer, a forensic expert, a specialist, a bailiff, or officer of justice, and also of their relatives, in connection with the examination of cases or materials in court, with the preliminary investigation or the execution of a court's judgement or decision, or any other judicial act, accomplished for the purpose of obstructing the lawful activity of said persons or out of revenge for such activity,
shall be punishable by deprivation of liberty for a term of 12 to 20 years, or by deprivation of liberty for life, or by capital punishment .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 296. Threats or Forcible Actions in Connection with the Administration of Justice or Preliminary Investigation

1. Threats of murder, infliction of injury to human health, or destruction or damage of property against a judge, juror, or any other person participating in the administration of justice, and also against their relatives, in connection with the examination of cases or materials in court,
shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by deprivation of liberty for a term of up to three years.

2. The same deed, committed against a procurator, investigator, a person conducting inquests, defence lawyer, forensic expert, a specialist, bailiff, or officer of justice, and also against their relatives, in connection with the preliminary investigation, the examination of cases or materials in court, or in connection with the execution of a court's judgement or decision, or any other judicial act,
shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to two years.

3. Deeds stipulated in the first or second part of this Article, and committed with the use of violence that provides no danger to human life or health,
shall be punishable by deprivation of liberty for a term of up to five years.

4. Deeds provided for in the first or second part of this Article, and committed with the use of violence endangering human life or health,
shall be punishable by deprivation of liberty for a term of five to ten years .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 297. Contempt of Court

1. Contempt of court, which finds expression in the insult of the trial participants,
shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of 180 to 240 hours, or by arrest for a term of two to four months.

2. The same deed, that has found its expression in the insult of a judge, juror, or any other person participating in the dispensation of justice, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by corrective labour for a term of one to two years, or by arrest for a term of four to six months .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 301. Illegal Detention, Taking into Custody, or Keeping in Custody

1. Knowingly illegal detention
shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years, with disqualification to hold specified offices or to engage in specified activities for a term of up to three years, or without such disqualification.

2. Knowingly illegal taking into custody or keeping in custody
shall be punishable by deprivation of liberty for a term of up to four years.

3. Deeds stipulated in the first or second part of this Article, and entailing grave consequences,
shall be punishable by deprivation of liberty for a term of three to eight years .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 302. Compulsion to Give Evidence

1. Compulsion to give evidence used with regard to a subject, defendant, victim, or witness, or coercion of an expert, a specialist to make a report or to give evidence through the application of threats, blackmail, or other illegal actions, by an investigator or a person conducting inquests, as well as by other person with the knowledge or a tacit consent of the investigator or the person conducting inquests,
shall be punishable by deprivation of liberty for a term of up to three years.

2. The same act, joined with the use of violence, mockery, or torture, shall be punishable by deprivation of liberty for term of two to eight years .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 303. Falsification of Evidence

1. Falsification of evidence in a civil case, by a person who takes part in this case or by his representative,
shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by corrective labour for a term of one to two years, or by arrest for a term of two to four months.

2. Falsification of evidence in a criminal case, by a person who conducts inquests, an investigator, procurator, or defence lawyer,
shall be punishable by deprivation of liberty for a term of up to three years, with disqualification to hold specified offices to engage in specified activities for term of up to three years.

3. Falsification of evidence in a criminal case about a grave or especially grave crime, and also falsification of evidence which has involved serious consequences,
shall be punishable by deprivation of liberty for a term of three to seven years, with disqualification to hold specified offices or to engage in specified activities for a term of up to three years .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 307. Knowingly False Testimony, Opinion of an Expert or Specialist, or Mistranslation

1. Knowingly false testimony of a witness, a victim or an expert's opinion or testimony, evidence of a specialist and also knowing mistranslation in court, or in a preliminary investigation,
shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of 180 to 240 hours, or by corrective labour for a term of up to two years, or by arrest for a term of up to three months.

2. The same acts, joined with the accusation of a person of the commission of a grave or
shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of especially grave crime,
shall be punishable by deprivation of liberty for a term of up to five years.

Note: A witness, victim, expert, specialist, or interpreter shall be relieved from criminal responsibility if they of their own free will have stated that their testimony or opinion was false, or that interpretation was knowingly given wrongly in the course of an inquest, preliminary investigation, or court hearing .

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 309. Bribery or Compulsion for Giving Testimony or for Evading Giving Testimony, or for Mistranslating

1. Bribery of a witness or victim to give false testimony, or of an expert or specialist to give a false opinion or false testimony, or of an interpreter to make a mistranslation,
shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of 180 to 240 hours, or by corrective labour for a term of up to two years, or by arrest for a term of up to three months.

2. Compulsion of a witness or victim to give false testimony, or of an expert or specialist to give a false opinions, or of an interpreter to make a mistranslation, and also compulsion of said persons to evade giving testimony, joined with blackmail or threat of murder, infliction of injury to human health, or destruction or damage of the property of these persons or of their relatives,
shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to three years.

3. Acts provided for in the second part of this Article, and committed by an organized group, with the use of violence that does not endanger the lives of health of said persons,
shall be punishable by deprivation of liberty for a term of up to five years.

4. Acts stipulated in the first or second part of this Article, and committed by an organized group, or with the use of violence that endangers the lives and health of said persons,
shall be punishable by deprivation of liberty for a term of three to seven 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.