'National penalties - offences against the administration of justice' in document 'Albania - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

CHAPTER IX- CRIMINAL ACTS AGAINST JUSTICE

Article 301- Obstruction of justice in revealing the truth

Committing actions to change the scene where a criminal act was committed by destroying, changing or removing traces or by moving, hiding, annihilating, stealing, falsifying an item or document with the intent of increasing the difficulty on preventing the discovery of a criminal act and its perpetrator, is punishable by a fine or up to three years of imprisonment

SPECIAL PART

CHAPTER IX- CRIMINAL ACTS AGAINST JUSTICE

Article 305- False report

Falsely reporting a crime which has not been committed, or falsely reporting a person who is known that has not committed a crime, as well as fabricating false evidence with the intent of commencing criminal prosecution, is punishable by a fine or up to five years of imprisonment.

SPECIAL PART

CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE

Article 306- Perjury

Perjury made before the organ of criminal prosecution or before the court constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

False testimony in court constitutes a criminal contravention and is punished by fine or up to two years of imprisonment.

SPECIAL PART

CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE

Article 308- False translation

Intentional distortion of the content of a document or writing offered for translation by the organs of criminal prosecution or by the court or false translation committed before them, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

When refusal to testify is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.

Article 309- False expertise

Intentional provision of false results in reports by an expert, conducted in writing or verbally before organs of criminal prosecution or before the court is punishable by a fine or up to three years of imprisonment.

When false expertise is provided for embezzlement or any other interest given or promised, it is punishable by a fine or up to five years of imprisonment.

SPECIAL PART

CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE

Article 311- Threat to remain silent

A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

SPECIAL PART

CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE

Article 311- Threat to remain silent

A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

SPECIAL PART

CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE

Article 316- Opposing and assaulting a judge

Opposing violently, assaulting or committing other violent acts against a judge or other members of the trial panel, a prosecutor, defense lawyer, experts, any arbitrator assigned to a case, with the intent to prevent him from carrying out his duty or because of it, is punishable by a fine or up to seven years of imprisonment.

Article 317- Threat to a judge

A threat to a judge, other members of trial panel, prosecutor, defense lawyer, experts, or every arbitrator assigned to a case because of their activity, is punishable by a fine or up to three years of imprisonment.

Article 318- Insulting a judge

Insulting a judge or other members of trial a panel, the prosecutor, the defense lawyer, the experts, or any arbitrator assigned to a case, because of their activity, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 304- Obligation to report the evidence

Failing to appear promptly to report or testify before the prosecutor, court or organs of public order about evidence that a person knows which exculpates an accused or convicted person from a criminal act, is punishable by a fine or up to five years of imprisonment.

The perpetrator of the criminal act, as well as the individuals who become aware of the evidence because of their capacity and profession and are compelled not to report or testify it are excluded from the obligation to report.

Article 305- False report

Falsely reporting a crime which has not been committed, or falsely reporting a person who is known that has not committed a crime, as well as fabricating false evidence with the intent of commencing criminal prosecution, is punishable by a fine or up to five years of imprisonment.

Article 306- Perjury

Perjury made before the organ of criminal prosecution or before the court constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

False testimony in court constitutes a criminal contravention and is punished by fine or up to two years of imprisonment.

Article 307- Refusing to testify

Refusing to answer questions concerning knowledge of a criminal act or its executor, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

When false testimony is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.

Article 308- False translation

Intentional distortion of the content of a document or writing offered for translation by the organs of criminal prosecution or by the court or false translation committed before them, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

When refusal to testify is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.

Article 309- False expertise

Intentional provision of false results in reports by an expert , conducted in writing or verbally before organs of criminal prosecution or before the court is punishable by a fine or up to three years of imprisonment.

When false expertise is provided for embezzlement or any other interest given or promised, it is punishable by a fine or up to five years of imprisonment.

Article 310- Refusing to appear as a witness, expert or translator

Refusing to appear as a witness, expert or translator, without reasonable cause, or refusal to carry out duties assigned by the organ of criminal prosecution or the court, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Article 311- Threat to remain silent
A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 312- Corrupting or threat for false testimony, expertise or translation

Proposing or giving remuneration, gifts or other benefits, or threatening or committing other violent acts made to a person in order to provide false declarations or testimony, expertise or translation or refuse to carry out their duties before the organs of criminal prosecution or the court, is punishable by a fine or up to three years of imprisonment.