Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-FIVE : Misleading the justice (Judicial Machinery)

Article 374 :

A person who for the purpose of misleading the justice changes the conditions of persons, places or materials or conceals the evidence of crime, or presents wrong information about the crime while being aware of its untruthfulness, shall be sentenced to short imprisonment of not less than three Months or cash fine of not less than three thousand and not more than twelve thousand Afghanis.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-FIVE : Misleading the justice (Judicial Machinery)

Article 376 :

(1) A person who, for the purpose of misleading the judicial machiney embezzles, conceals, or destroys an object or a document presented to officers of law or court, shall be sentenced to short imprisonment of not less than three months and shall be fined an amount not exceeding five thousand Afghanis.

(2) If the offender of the crime specified under the above paragraph is an official of public services, such that the objects are entrusted to him or by virtue of his occupation he becomes the trustee, he shall be sentenced to long imprisonment of not more than seven years.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-SIX
False Information and Abstention from Discolsing the Truth

Article 377 :

A person who wrongly informs judicial or administrative authorities of a crime, cognizant of the fact that the crime has not taken place, or the person with iniquitous intention, or cognizant of his untruthfulness, accuses another of committing a crime and creates unreal material evidence in this respect or causes legal action against a person, while being aware of his innocence, shall be punished in accordance with the provisions stated below :

1. If the false information pertains to a felony, the offender shall be sentenced to Medium imprisonment of less than three years and shall be fined an amount not exceeding fifteen thousand Afghanis, or one of the two punishments stated.

2. If the false information pertains to mesdemeanor or obscenity, the offender shall be sentenced to medium imprisonment, exceeding three years, and shall be fined an amount not exceeding fifteen thousand Afghanis, or one of the two punishments stated.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-SEVEN
False Testimony

Article 382 :

If a person, under oath or affirmation, intentionally denies the truth, declares false statement, conceals the whole or part of the events pertaining to his testimony, his testimony,- shall be considered false.

Article 383 :

(1) A person who presents false testimony concerning a crime as a result of which benefit or loss is incurred on the offender, shall be sentenced to medium imprisonment of not loss than two years and shall be fined an amount not exceeding twenty four thousand Afghanis.

(2) If as a result of false testimony the accused is convicted the witness shall be sentenced to the same punishment to which the convict has been sentenced.

(3) A person who presents false testimony in a non—punitive case or to officials of public services, shall be sentenced to short imprisonment, not less than three months, and shall be fined an amount not exceeding ten thousand Afghanis.

Article 384 :

A person who, for the purpose of presenting false testimony, requests or accepts a gift or something else and the person who offers the gift or acts as a mediator, shall be both sentenced to the anticipated punishment of the crime of bribery or the crime of false testimony, whichever punishment is more severe.

Article 385 :

The following persons shall be sentenced to the anticipated punishment of false testimony :

1. A person who compells a witness through coercion, seduction, or any other moans to present false testimony oven-though his intended aim is not fulfilled.

2. A person who as a result of a promise, gift, or deceit, abstains from presenting testimony.

Article 386

The following persons shall be sentenced to the anticipated punishment of false testimony :

I. A person who is appointed, by a court or officials of law, as an export or interpreter and, intentionally, through any means, alters the truth.

2. A person who dissimulatively interprets (translates) a document which can possibly be used by the court for establishing the truth.

3. A person who issues or signs a dissimulated document, cognizant of the fact that it is dissimulated, to be used in a judicial case ; except, if issuing and signing of the document is legally permissible.

4. A person who uses a dissimulated document, certificate, declaration, recipt, or any other dissimulated object in a judicial investigation or case.

5. A person who during an investigation or a court case registers matters contrary to facts on records, files,or other papers and documents which can be used for establishing the truth, as a result of which the verdict of the court is altered.

Article 387 :

The following are considered extenuating excuses :

1. The return of the witness from false testimony and disclosure of facts prior to the final verdict of the court or prior to the final decision of the investigation council.

2. If the disclosure of truth imperiiS the witness such that his dignity or freedom is to bo damaged, or his spouse, one of his root and branchos, brother or sister is endangered.

Article 388 :

The provisions pertaining to false testimony are not applicable to a person whose testimony is not necessary or to a person legally required to abstain from testifying.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-EIGHT
Perjury

Article 389 :

(1) If one of the parties involved in a judicial case is required to take oath and commits perjury, he shall be sentenced to medium imprisonment of not loss than two years.

(2) A person committing perjury who resorts to the truth, prior to the final verdict, shall hot be punished.

Article 390 :

A person, requested by officials of law or a judge, who abstains from testifying, without any legal or
religious excuses, shall be sentenced to short imprisonment, not exceeding six months, and shall
be fined an amount not exceeding. three thousand Afghanis.

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.