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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 339. Obstructing the Administration of Justice and Performance of a Preliminary Investigation

1. Interference in any form with the activity of a court for the purposes of obstructing the administration of justice, -

shall be punished by a fine in an amount from two hundred up to three hundred minimum assessment indices, or in an amount of wages, or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case, -

shall be punished by a fine in an amount from one hundred up to two hundred minimum assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months.

3. Acts stipulated by the first or second part of this Article committed by a person with the use of his official position, -

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for the same period, or without it.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 340. An Attempt upon the Life of a Person Administering Justice or Carrying out a Preliminary Investigation

An attempt upon the life of a judge, prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, or court executor, as well as their relatives in relation to the consideration of cases or materials in court, carrying out a preliminary investigation, or execution of a judgement, court decision, or other judicial act, which is committed for the purposes of impeding legitimate activity of said persons, or out of revenge for such activity, -

shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment, or life-time imprisonment.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 341. Threatening or Violent Actions in Relation to the Administration of Justice or Carrying out a Preliminary Investigation

1. Threatening with murder, causation of damage to health, damaging or destruction of property with regard to a judge, as well as his relatives in relation to the consideration of cases or materials in
court, -

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to three years.

2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, executor, as well as their relatives in relation to the carrying out a preliminary investigation, consideration of a given case or materials in court, or execution of a judgement, court decision, or other judicial act, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

3. Acts stipulated by the first or second part of this Article which are committed with violence that is not dangerous for life or health, -

shall be punished by imprisonment for a period up to five years.

4. Acts stipulated by the first or second part of this Article committed with violence which is dangerous for life or health, -

shall be punished by imprisonment for a period from five to ten years.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 347. Coercion to Provide Evidence

1. Coercion of a suspect, defendant, a victim, or a witness to give evidence, or coercion of an expert to present findings, by way of threatening, blackmail, or other illegal actions on behalf of a given investigator or a person carrying out an inquest, -

shall be punished by imprisonment for a period up to three years.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 348. Falsification of Evidence

1. Falsification of evidence in a civil case by a person participating in it, or by his representative, -

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eighty months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from two to four months, or by restriction of freedom for a period up to two years.

2. Falsification of evidence in a criminal case by a person carrying out an inquest, investigator, prosecutor specialist who participates in the procedural acts, or counsel of the defence, -

shall be punished by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

3. Falsification of evidence in a criminal case concerning a grave or an especially grave crime, as well as falsification which entailed grave consequences, -

shall be punished by imprisonment for a period from three to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 352. Deliberately False Testimony or Expert Findings, or Incorrect Translation

1. Deliberately false testimony of a witness or a victim, or findings of an expert in court, or in the carrying out of an inquest or a preliminary investigation, as well as intentionally incorrect translation made by a translator in the same cases, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to two years, or by detention under arrest for a period up to three months.

2. The same acts combined with an accusation of a person in the commission of a grave or an especially grave corruption crime, or combined with artificial creation of evidence for the prosecution, as well as such acts committed for venal purposes, -

shall be punished by imprisonment for a period from three to eight years.

Note. A witness, victim, expert, or translator shall be exempt from criminal liability, if they voluntarily in the course of an inquest, preliminary investigation, or a court hearing, prior to the passing of a sentence or a decision by the court, admitted the falsity of evidence given by them, findings, or incorrect translation.

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 354. Subornation or Coercion to Giving False Evidence or to Evasion of Giving Evidence, or False Findings, or Incorrect Translation

1. Subornation of a witness or victim for the purposes of the giving of false evidence by them, or of an expert for the purpose of the issuing by him of false findings, as well as of a translator for the purposes of making by him of an incorrect translation, -

shall be punished by a fine in an amount up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to ten months, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.

2. Coercion of a witness or a victim to give false evidence, or of an expert to issue false findings, or a translator to make incorrect translation, as well as coercion of said persons to evade giving evidence, which is combined with blackmail, threatening with murder, causation of damage to health, destruction of property of those persons or of their relatives, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years.

3. An act stipulated by the second part of this Article which is committed with violence not dangerous for life or health of said persons, -

shall be punished by imprisonment for a period up to five years.

4. Acts stipulated by the first or second part of this Article, which are committed by an organised group or with violence which is dangerous for life or health of said persons, and equally associated with accusation of committing a corruption crime, grave or especially grave crime, -

shall be punished by imprisonment for a period from two to eight 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.