'Presenting false or forged evidence' in document 'Hungary - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

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.

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:
(b) Presenting evidence that the party knows is false or forged