SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Giving False Evidence
Section 238

(1) The witness who gives untruthful evidence before the court or another authority concerning an essential circumstance of an affair, or he is silent about reality, commits giving false evidence.

(2) The provisions relating to giving false evidence shall be applied to the person who

a) gives false expert opinion as an expert, or false information as special adviser,
b) falsely translates as an interpreter or a translator,
c) makes available a false document or a false material evidence in criminal or civil proceedings, apart from the case of Section 233, subsection (1), paragraph b).

(3) The accused of the criminal proceedings shall not be punishable on the basis of subsection (2) paragraph c).

(4) The punishment of giving false evidence committed in a criminal case shall be - for a felony - imprisonment of up to five years. If giving false evidence concerns a crime for which life imprisonment may also be inflicted, the punishment shall be imprisonment from two years to eight years.

(5) The punishment for giving false evidence committed in a civil case shall be for a felony imprisonment of up to three years, and if the subject-matter of case is an especially great pecuniary value or another especially important interest, the punishment shall be imprisonment of up to five years.

(6) The person who commits giving false evidence by negligence shall be punishable for a misdemeanour with imprisonment of up to one year, labour in the public interest, or fine.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Giving False Evidence

Section 241

(1) That person shall not be punishable for giving false evidence

a) who would accuse himself or his relative with the perpetration of a crime in case of revealing reality,
b) who may deny giving evidence for any other reason, but was not admonished as regards this fact before being heard, or whose hearing is precluded by the law.

(2) The punishment may be mitigated without limitation, in a case deserving special appreciation even dispensed with, against a person who announces the falsity of the means of evidence provided by him to the acting authority before the non-appealable termination of the basic affair.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Subornation to Giving False Evidence

Section 242

The person who strives to persuade another person to give false evidence in criminal or civil proceedings, commits a misdemeanour, and shall be punishable with imprisonment of up to two years,

(1) Any person who attempts to persuade another person to give false testimony in a criminal case is guilty of a felony punishable by imprisonment not to exceed three years, or if committed in a civil proceeding the perpetrator is guilty of misdemeanor punishable by imprisonment not to exceed two years.
(2) Any person committing subornation of perjury in a disciplinary, infraction or arbitration case or any other judicial proceeding shall be punished by imprisonment not to exceed one year, work in community service or a fine.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Obstruction of Justice

Section 242/A

(1) Any person who attempts by force or threat of force to prevent another person in the free exercise of his lawful rights in a court or other judicial proceeding, or induces him to neglect his duties is guilty of obstruction of justice.

(2) When obstruction of justice is committed in connection with a criminal case, it is punishable by imprisonment not exceeding five years ; if the criminal case involves a crime that carries a life sentence, the punishment shall be imprisonment between two to eight years.

(3) When obstruction of justice is committed in connection with a civil case or with a disciplinary, infraction or arbitration case or any other judicial proceeding, the punishment shall be imprisonment not exceeding three years, and if the subject matter of the case involves substantial value or some other great interest, the punishment shall be imprisonment not exceeding five years.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Obstruction of Justice in International Court

Section 249/B

The provisions of Sections 233, 234, 236-238, and Sections 240-244 shall apply when the acts defined therein are committed in the course of or in connection with proceedings of an international criminal court installed under international convention promulgated by an act, or under a statutory resolution adopted by the United Nations Security Council, or by the Court of the European Communities.

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.