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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 286. Impeding to implementation of justice, manufacture of preliminary investigation

286.1. Intervention in any form of court activity with a view of impending to implementation of justice -

is punished by the penalty at a rate from two hundred up to five hundred of nominal financial unit or imprisonment for the term up to two years.

286.2. Intervention in any form to activity of the prosecutor office, inspector or person making inquiry, with a view of impending to objective, full and all-round investigation of case -
is punished by the penalty at a rate from two hundred up to five hundred of nominal financial unit, or public works for the term from hundred fifty up to two hundred forty, or imprisonment for the term about six months.

286.3. The acts provided by articles 286.1 and 286.2 of the present Code, committed by a person with use of the service position -
is punished by the penalty at a rate of from five hundred up to eight hundred of nominal financial unit or with imprisonment for the term up to three years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 287. Attempt on life of a person who is carrying out justice or preliminary investigation

Attempt on life of a judge, jurymen, and also prosecutor, investigator, person making inquiry, defender, expert, judicial supervisor, judicial executor, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court, either manufacture of preliminary investigation or execution of decision or other judicial action, committed with a view of hindrance lawful activity of a specified persons or from revenge for such activity -
is punished by imprisonment for the term from twelve up to fifteen years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 288. Threat or violent actions in connection with implementation of justice or manufacture of preliminary investigation

288.1. Threat murder, causing of harm to health, destruction or damage of property concerning a judge, jurymen, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court -
is punished by the penalty at a rate from one up to three thousand of nominal financial unit or imprisonment for the term from two up to five years.

288.2. The same act committed concerning prosecutor, investigator, person making inquiry, defender, expert, judicial supervisor, judicial executor, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court, either manufacture of preliminary investigation or execution of decision or other judicial actions -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit or imprisonment for the term up to three years.

288.3. The acts provided by articles 288.1 or 288.2 of the present Code, committed with application of the violence not dangerous to life or health -
is punished by imprisonment for the term from three up to five years.

288.4. The acts provided by articles 288.1 or 288.2 of the present Code, committed with application of the violence dangerous to life or health -
is punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 289. Disrespect to court

289.1. Disrespect to court, insult of participants of proceeding -
is punished by the penalty at a rate up to three hundred of nominal financial unit or public works for the term of from hundred sixty up to two hundred hours, or imprisonment for the term about six months.

289.2. The same act committed concerning judge or jurymen -
is punished by the penalty at a rate from three hundred up to five hundred of nominal financial unit, or corrective works for the term up to two years, or imprisonment for the term about six months.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 293. Compulsion to evidence

293.1. Compulsion suspected, accused, suffering, witness to evidence at interrogation, and also expert to a summer residence of conclusion by application of threats, blackmail, humiliation of advantage or other illegal actions by prosecutors office, investigator or person making inquiry, or at their instigation -
is punished by imprisonment for the term up to three years.

293.2. The same act committed with application of torture -
is punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 294. Falsification of proofs

294.1. Falsification of proofs on a civil case by person participating in case, or his representative -
is punished by the penalty at a rate of from five hundred up to one thousand of nominal financial unit, or corrective works for the term from one year up to two years, or imprisonment for the term about six months.

294.2. Falsification of proofs on criminal case by a person making inquiry, investigator, prosecutor or defender -
is punished by imprisonment for the term up to three years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.

294.3. Falsification of proofs on criminal case on minor serious or serious crimes, as well as falsification of proofs on other cases, entailed heavy consequences -
is punished by imprisonment for the term from five up to seven years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 297. Obviously false testimonies, conclusions of expert or wrong translation

297.1. Obviously false testimonies of witness, victim or obviously false conclusion of expert, as well as obviously wrong translation in court or by manufacture of preliminary investigation -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit, or public works for the term from hundred sixty till two hundred hours, or corrective works for the term from one year up to two years, or restriction of freedom for the term up to two years, or imprisonment for the term about six months.

297.2. The same acts connected to accusation of a person in commitment of minor serious or serious crime -
is punished by imprisonment for the term from two up to six years.

NOTE : 1. The persons provided in article 297.1 of the present Code shall be released from a criminal liability, if they voluntary during inquiry, preliminary investigation or proceeding before judgment or decisions of court, have declared about false indications given by them, conclusion or obviously wrong translation.
2. The person, given obviously a false testimony against wives (husband), children, parents and other close relatives which circle is determined by the legislation if he was forced to testify against the specified persons shall be not subject to the criminal liability.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 299. Payoff money or compulsion to evasion from testifying, obviously false testimonies or conclusions or wrong translation

299.1. The payoff money of witness who has suffered with a view of giving by them of false testimonies or expert with a view of giving by him of the false conclusion or false testimonies, as well as translator with purpose of wrong translation -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit, or public works for the term from hundred eighty up to two hundred forty hours, or corrective works for the term up to two years, or imprisonment for the term a bout six months.

299.2. Compulsion of witness who has suffered from giving false testimonies, expert from giving false conclusion or translator to wrong translation, as well as compulsion of specified persons to evasion from evidence, connected with blackmail, threat murder, causing of harm to health, destruction or damage of property of these persons or their close relatives -
is punished by the penalty at a rate of from one up to three thousand of nominal financial unit or imprisonment for the term up to three years.

299.3. The acts provided by article 299.2 of the present Code, committed with application of violence not dangerous to life or health of specified persons -
is punished by imprisonment for the term from two up to five years.

299.4. The acts provided by articles 299.1 or 299.2 of the present Code, committed by organized group or with application of violence dangerous to life or health of specified persons -
is punished by imprisonment for the term from three up 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.