Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 16 (Obstruction of Justice)

Any person who falls under the causes determined by following subparagraph related to the cases that are investigated or at trial at the International Criminal Court, shall be punished by imprisonment for no more than 5 years or by a fine not more than 15 million won or may be punished by both.

1. Any person who presents false evidence

2. Any person who use the force or intimidation to prevent the attendance or testimony of any witness or person of reference in an official proceeding; the production of evidence in official proceedings; or the presentation of evidence before the court.

3. Any person who offers or expresses intention to give money or other benefits to the witness or person of reference in order to prevent his or her appearance or testimony in official proceedings and production or presentation of evidence before the court.

4. Any witness or person of reference who receive, ask for, or agree on money or other benefits under subparagraph 3.

The paragraph (1) shall apply to any proceedings taking place in Korea when the International Criminal Court requests.

Concerning the case described in paragraph (1), any person who commits any act in Article 152, 154 or Paragraph 1 to 3 of 155 of Criminal Act; Article 5 (9) of Act on the Aggravated Punishment, etc. of Specific Crimes shall be subject to the punishment provided in relevant provisions. In this case, paragraph (4) of Article 155 of Criminal Act shall not apply.

Concerning the case described in paragraph (1), any person who commits an act in Article 136, 127 or 144 against a member of the Court shall be subject to the punishment provided in relevant provision. In this case, any member of the Court is regarded as public servants in accordance with relevant provisions. Concerning the case described in paragraph (1), any person who commits an act in Article 133 of Criminal Act shall be subject to the punishment provided in the same article. In this case, any member of the Court is regarded as public servant in accordance with relevant provisions.

"A member of International Criminal Court" means judge, prosecutor, deputy prosecutor, director-general, deputy director-general and person who is in chare of administrative works at the Court in accordance with the International Criminal Court Statute.

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.