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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY

Perjury
Article 335

(1) A witness, expert witness, translator or interpreter who gives false testimony before a court, in disciplinary, misdemeanour or administrative proceeding or other procedure established by law,
shall be punished by imprisonment up to three years.

(2) The penalty specified in paragraph 1 of this Article shall also be imposed on the party who, during presentation of evidence by testimony of parties in judicial or administrative proceedings, gives a false statement and such statement serves as grounds for disposition in such proceedings.

(3) If perjury is committed in criminal proceedings or under oath, the offender shall be punished by imprisonment of three months to five years.

(4) If the offences specified in paragraph 3 resulted in particularly grave consequences for the accused, the offender shall be punished by imprisonment of one to eight years.

(5) The offender who voluntarily revokes false testimony prior to final disposition may be remitted from punishment.

Subornation of Perjury
Article 336

(1) Whoever gives or makes the promise of a gift or other benefit to a witness or an expert witness or any other party to the proceedings conducted before a court or other state authority or whoever forces or threatens any such person with the intent that such person affect the outcome of the proceedings by giving false testimony or by not giving testimony
shall be punished with imprisonment of six months to five years and a fine.

(2) Whoever with intent to prevent or hinder substantiation conceals, destroys, damages, or makes partially or completely unusable a document or any other item serving as a proofshall be punished with imprisonment of three months to three years and a fine.

(3) The penalty specified in paragraph 2 of this Article shall be also imposed on whoever removes, destroys, damages, moves or relocates a boundary stone, a soil survey sign or any other mark indicating ownership of real property or easement for use of water, or who with same intent falsely places such mark.

If the offence specified in paragraph 2 is committed in criminal proceedings, the offender shall be punished by imprisonment of six months to five years and a fine.

GENERAL PART

CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY

Obstruction of Justice
Article 336b

1) Whoever encourages others to resist or disobey court decisions or otherwise obstructs court proceedingsshall be punished with imprisonment of up to three years and a fine.

(2) Whoever, through offense, force, threat or in another way hinders or prevents a judge, public prosecutor, deputy public prosecutor or defence counsel in discharging their function,
shall be punished with imprisonment from six months to five years and a fine.

(3) If during commission of the offence referred to in paragraph 2 hereof the offender causes light bodily injury to a judge, a public prosecutor or defence counsel, or a deputy public prosecutor or threatens to use a weapon, shall be punished with imprisonment of one year to eight years.

(4) If during commission of the offence referred to in paragraph 2 hereof the offender inflicts grievous bodily harm on a judge, a public prosecutor or defence counsel, or a deputy public prosecutor, shall be punished with imprisonment of two to ten years.

GENERAL PART

CHAPTER THIRTY THREE
OFFENCES AGAINST OFFICIAL DUTY

Bribery
Article 368

(1) Whoever makes or offers a gift or other benefit to an official or another, to within his official competence or in relation to his/her official powers perform an official act that should not be performed or not to perform an official act that should be performed, or who acts as intermediary in such bribing of an official,
shall be punished by imprisonment of six months to five years.

(2) Whoever makes or offers a gift or other benefit to an official or another to, within his official competence or in relation to his/her official powers perform an official act that he is obliged to perform or not to perform an official act that he may not perform or who acts as intermediary in such bribing of an official,
shall be punished by imprisonment up to three years.

(3) Provisions of paragraphs 1 and 2 of this Article shall apply also when a bribe is made or offered to a foreign official.

(4) The offender specified in paragraphs 1, through 3 of this Article who reports the offence before becoming aware that it has been detected, may be remitted from punishment.

(5) Provisions of paragraphs 1, 2 and 4 of this Article shall apply also when a bribe is given or promised to a responsible officer in an enterprise, institution or other entity.

(6) A gift or other benefit seized from the person accepting the bribe may, in case specified under paragraph 4 of this Article, be returned to the persons giving the bribe.

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.