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'Offences against administration of justice' in document 'Cambodia - Criminal Law Provisions'

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More information about the keyword 'Offences against administration of justice'
More information about the document 'Cambodia - Criminal Law Provisions'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 1 - OFFENCES AGAINST JUDICIAL INSTITUTION

SECTION I - CORRUPTION OF JUDGES

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 1 - OFFENCES AGAINST JUDICIAL INSTITUTION

SECTION I - CORRUPTION OF JUDGES

Article 518: Bribery of judges
The direct, indirect or unlawful giving of a gift, offer, promise or benefit to a judge with a view to obtaining from such a judge:

(1) the performance of an act pertaining to his or her function;

(2) the non-performance of an act pertaining to his or her function;

shall be punishable by imprisonment from five to ten years.

SECTION I
CORRUPTION OF JUDGES

Article 517: Bribery by judges
The direct or indirect request or unlawful acceptance of a gift, offer, promise or interest by a judge:

(1) to perform an act pertaining to his or her function;

(2) to refrain from performing an act pertaining to his or her function;

shall be punishable by imprisonment from seven to fifteen years.

Article 518: Bribery of judges
The direct, indirect or unlawful giving of a gift, offer, promise or benefit to a judge with a view to obtaining from such a judge:

(1) the performance of an act pertaining to his or her function;

(2) the non-performance of an act pertaining to his or her function;

shall be punishable by imprisonment from five to ten years.

Article 519: Criminal responsibility of legal entities
Legal entities may be found criminally responsible under Article 42 (Criminal responsibility of legal entities) of this Code for the offences defined in Article 518 (Bribery of judges) of this Code.

Legal entities shall be punishable by a fine from ten million to fifty million Riels and by one or more of the following additional penalties:

(1) dissolution pursuant to Article 170 (Dissolution and liquidation of legal entities) of this Code;

(2) placement under judicial supervision pursuant to Article 171 (Placement under judicial supervision) of this Code;

(3) prohibition from exercising one or more activities pursuant to Article 172 (Prohibition from carrying on activities) of this Code;

(4) disqualification from public tenders pursuant to Article 173 (Disqualification from public tenders) of this Code;

(5) prohibition from making a public offering pursuant to Article 174 (Prohibition from making a public offering) of this Code:

(6) confiscation of the items or funds which were the subject of the offence pursuant
to Article 178 (Ownership, sale and destruction of items confiscated) and Article 179 (Confiscation and rights of third parties) of this Code:

(7) confiscation of the proceeds or property arising out of the offence pursuant to Article 178 (Ownership, sale and destruction of items confiscated) and Article 179 (Confiscation and rights of third parties) of this Code;

(8) publication of sentencing decision pursuant to Article 180 (Publication of decisions) of this Code;

(9) publication of sentencing decision in the print media or broadcasting of sentencing decision by any audio-visual communication pursuant to Article 181 (Broadcasting of decision by audiovisual communication) of this Code.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 2 - OFFENCES AGAINST JUDICIAL PROCESSES

SECTION I - FILING OF COMPLAINTS BEFORE COURTS

Article 527: Intimidation in order to prevent filing of complaint
Any threat or intimidation made against a victim with a view to persuading him or her not to file a complaint or to withdraw it shall be punishable by imprisonment from one to three years, and a tine from two million to six million Riels.

It shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels if the act was effective.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 2 - OFFENCES AGAINST JUDICIAL PROCESSES

SECTION 2 - GATHERING OF EVIDENCE

Article 545: Providing false testimony and exceptions
False testimony made under oath before any court of law or before a judicial police officer acting under the authority of a rogatory letter shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels.

However, such witness is exempted from penalty where he or she retracts his or her testimony spontaneously and only speaks the truth before the decision terminating the investigating or trial procedure has been made.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 2 - OFFENCES AGAINST JUDICIAL PROCESSES

SECTION 2 - GATHERING OF EVIDENCE

Article 546: Intimidating witness

Any act of intimidation committed by a perpetrator alone or in concert with a third party to persuade a witness not to make a statement or to provide a false oral or written testimony shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels.

It shall be punishable by imprisonment from five to ten years where the act was effective.

Article 547: Bribery by witness to provide false testimony
The direct or indirect request or acceptance of a gift, offer. promise or interest by a witness in order:

(1) not to testify;
(2) to provide a false testimony;

shall be punishable by imprisonment from five to ten years.

Article 548: Bribery of witness
The direct or indirect giving of a gift, offer, promise or interest by a person to a witness order:

(1) not to testify:

(2) to provide a false testimony; shall be punishable by imprisonment from five to ten years.

Article 549: Coerced publication intended to influence witness
The coerced publication, prior to the pronouncement of the final judicial decision, of commentaries intended to influence the statement a witness shall be punishable by imprisonment from six days to one month and a fine from ten thousand to one hundred thousand Riels.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 2 - OFFENCES AGAINST JUDICIAL PROCESSES

SECTION 2 - GATHERING OF EVIDENCE

Article 531: Concealment of corpse
The concealment or hiding of the corpse of a victim of a homicide or of a person who has died as a result of acts of violence shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 532: Concealment of evidence
Modifying the scene of a felony or a misdemeanour either by the alteration, concealment or destruction of clues or marks where it is done in order to obstruct the discovery of the truth, shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 533: Destruction of exhibit
Destroying, displacing or removing any given object from the scene of a felony or a misdemeanour, where it is done in order to obstruct the discovery of the truth, shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 534: Destruction of document
Intentionally destroying, purloining, or altering a document or an object liable to facilitate the discovery of a felony or a misdemeanour, the identification of perpetrator or his or her arrest shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 535: Breaking of seal
The breaking of seal affixed by the competent authority shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 536: Destruction or misappropriation of object placed under seal
The destruction or misappropriation of an object placed under seal affixed by the competent authority shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 537: Refusal to respond to questions
A person who, having publicly declared that he or she knows the perpetrator. coperpetrator, instigator or accomplice of a felony or a misdemeanour, refuses to respond to questions put to him or her in this respect by a judge shall be punishable by imprisonment from one month to one year and a fine from one hundred thousand to two million Rick.

Article 538: Refusal to appear
Any person. summonsed to be heard as a witness before a prosecuting authority, an investigating judge or a criminal court, refuses to appear without proper justification shall be punishable by imprisonment from one month to six months and a fine from one hundred thousand to one million Riels.

Article 539: Failure to provide exculpatory evidence and exceptions
Any person who, having evidence that a charged person, an accused or a convicted person is innocent, abstains front presenting the evidence before the judicial authority or other competent authorities shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

However, the following persons are exempted from penalty:

(1) the perpetrator, co-perpetrator, instigator or accomplice to the offence that led to the prosecution;
(2) the ascendant and descendant, and the brothers and sisters of the perpetrator, co-perpetrator, instigator or accomplice:
(3) the spouse of the perpetrator, coperpetrators, instigator or accomplice;
(4) persons bound by an obligation of professional secrecy.

Article 540: Using identity of another person
Assuming the name of another person in circumstances that lead or could have led to the initiation of a criminal prosecution against such a person shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 541: Refusal to follow official orders
The driver of a vehicle who refuses to follow the order to stop issued by a police officer or a military police officer who, wearing a clearly visible police or military police uniform emblem, is in search for evidence shall be punishable by imprisonment from six days to three months and a fine from ten thousand to five hundred thousand Riels.

Article 542: Refusal by driver to be examined
The driver of a vehicle who refuses to have himself or herself or his or her vehicle examined by a police officer or a military police officer who, wearing a clearly visible police or military police uniform or emblem, is in search for evidence shall be punishable by imprisonment from six days to three months and a fine from ten thousand to five hundred thousand Riels.

Article 543: Evasion
The driver of a terrestrial vehicle, or a maritime craft who, knowing that he or she has just caused an accident or damage, fails to stop and thereby attempts to evade any civil or criminal liability, shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 544: Providing assistance to perpetrator and exceptions
Providing the perpetrator, co-perpetrator, instigator or accomplice to a felony with:

(1) accommodation;

(2) a hiding-place;

(3) the means of existence: or

(4) any other means of evading a search or an arrest;
shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

However. the following persons are exempted from penalty:

(1) the ascendant and descendant, and the brothers and sisters of the perpetrator, co-perpetrator, instigator or accomplice to the felony;
(2) the spouse of the perpetrator, coperpetrator, instigator or accomplice to the felony.

Article 545: Providing false testimony and exceptions
False testimony made under oath before any court of law or before a judicial police officer acting under the authority of a rogatory letter shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels.

However, such witness is exempted from penalty where he or she retracts his or her testimony spontaneously and only speaks the truth before the decision terminating the investigating or trial procedure has been made.

Article 546: Intimidating witness
Any act of intimidation committed by a perpetrator alone or in concert with a third party to persuade a witness not to make a statement or to provide a false oral or written testimony shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels.

It shall be punishable by imprisonment from five to ten years where the act was effective.

Article 547: Bribery by witness to provide false testimony
The direct or indirect request or acceptance of a gift, offer. promise or interest by a witness in order:

(1) not to testify;
(2) to provide a false testimony;

shall be punishable by imprisonment from five to ten years.

Article 548: Bribery of witness
The direct or indirect giving of a gift, offer, promise or interest by a person to a witness order:

(1) not to testify:

(2) to provide a false testimony; shall be punishable by imprisonment from five to ten years.

Article 549: Coerced publication intended to influence witness

The coerced publication, prior to the pronouncement of the final judicial decision, of commentaries intended to influence the statement a witness shall be punishable by imprisonment from six days to one month and a fine from ten thousand to one hundred thousand Riels.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 2 - OFFENCES AGAINST JUDICIAL PROCESSES

SECTION 3 - INTERPRETATION/TRANSLATION AND EXPERT REPORTS

Article 551: Falsification by expert
The falsification of any data or findings by an expert in his or her written report or oral presentation shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels.

Article 552: Intimidating expert or interpreter/translator
Intimidating an expert or an interpreter/translator in order to influence his or her conduct in exercising his or her function shall be punishable by imprisonment from two to five years and a fine from four million to ten million Riels.

It shall be punishable by imprisonment from five to ten years where the act was effective.

Article 553: Bribery by interpreter/translator
The direct or indirect request or acceptance of a gift, offer. promise or interest by an interpreter/translator in order to misrepresent the substance of the translated words or documents shall be punishable by imprisonment from five to ten years.

Article 554: Bribery of interpreter/translator
The direct or indirect giving of a gift, offer, promise or interest by a person to an interpreter/translator in order to misrepresent the substance of the translated words or documents shall be punishable by imprisonment from live to ten years.

Article 555: Bribery by expert
The direct or indirect request or acceptance of a gift, offer, promise or interest by an expert in order to falsify any data or findings in his or her written report or oral presentation shall be punishable by imprisonment from five to ten years.

Article 556: Bribery of expert
The direct or indirect giving of a gift, offer, promise or interest by a person to an expert in order to falsify any data or findings in his or her written report or oral presentation shall be punishable by imprisonment from five to ten 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.