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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Giving a False testimony

Article 389
(1) A witness, expert witness, translator or interpreter who gives a false testimony before the court in a disciplinary, misdemeanor or administrative procedure or any other procedure laid down by law shall be punished by a prison term up to three years.

(2) The punishment under para. 1 above shall also apply to a party who in the course of presentation of evidence by hearing parties in a court or administrative procedure gives a false testimony, when such a testimony serves as grounds for the decision passed in that procedure.

(3) Where a false testimony was given in criminal proceedings, the perpetrator giving such a testimony shall be punished by a prison term from three months to five years.

(4) Where the offence under para. 3 above resulted in particularly grave consequences for the accused, the perpetrator shall be punished by a prison term from one year to eight years.

(5) If the perpetrator revokes the false testimony of his own free will before the final decision is passed, he shall be punished by a fine or a prison term up to three months, and punishment may also be remitted.

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Interference in Production of Evidence

Article 390
(1) Anyone who gives, offers or promises a gift or other undue advantage to a witness or expert witness or other participant before a court or other state authority or who uses force or threat against him in order for that person to affect the outcome of the proceedings by giving false testimony or by refraining from giving a testimony shall be punished by a prison term from six months to five years.

(2) Anyone who with the intention to prevent or impede production of evidence conceals, destroys, damages, or makes unusable in whole or in part someone else's document or other objects which serve as evidence shall be punished by a fine or a prison term up to one year.

(3) The punishment under para. 2 above shall also apply to anyone who with the intention referred to in para. 2 hereof removes, destroys, damages, moves or relocates a borderline stone, land registry mark or any other mark indicating ownership of real estate or right to the use of water, or a person who fraudulently places such a mark with the same intention.

SPECIAL PART

TITLE THIRTY-FOUR
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY

Passive Bribery

Article 423
(1) A public official who directly or indirectly solicits or receives a gift or any other undue advantage, or who accepts a promise of a gift or any undue advantage for himself or for another person for agreeing to perform an official or other act which he must not perform, or not to perform an official or other act which he must perform shall be punished by a prison term from two to twelve years.

(2) A public official who directly or indirectly solicits or receives a gift or any other undue advantage, or who accepts a promise of gift or any undue advantage for himself or another person for agreeing to perform an official or other act which he must perform, or not to perform an official or other act which he must not perform shall be punished by a prison term from two to eight years.

(3) A public official who commits the offences under paras 1 or 2 above in relation to detection of a criminal offence, initiating or conducting of criminal proceedings, pronouncing or enforcing of a criminal sanction shall be punished by a prison term from three to fifteen years.

(4) A public official who after performing an official or other act or after refraining from performing an official or other act as envisaged by paras 1, 2 and 3 above, or in conjunction with such acts, solicits or receives a gift or other undue advantage shall be punished by a prison term from three months to three years.

(5) A foreign public official who commits any of the offences under paras 1, 2, 3 and 4 above shall be punished by the punishment prescribed for that offence.

(6) Where a responsible officer or another person in an institution or other noncommercial entity commits any of the offences under paras 1, 2 and 4 above shall be punished by the punishment prescribed for that offence.

(7) The gift received or any other undue advantage gained shall be confiscated.

SPECIAL PART

TITLE THIRTY-FOUR
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY

Active Bribery
Article 424

(1) Anyone who gives, offers or promises a gift or other undue advantage for himself or for another person to a public official or another person for agreeing to perform and official or other act he must not perform or not to perform an official or other act he must perform or anyone who intercedes in bribing a public official in the manner described above shall be punished by a prison term from six months to five years.

(2) Anyone who gives, offers or promises a gift or other undue advantage to a public official or other person for agreeing to perform an official or other act he must perform or not to perform an official or other act he must not perform, or anyone who intercedes in bribing a public official in the manner described above shall be punished by a prison term up to three years.

(3) The provisions of paras 1 and 2 above shall also apply where a gift or other undue advantage was given, offered or promised to a foreign public official.

(4) The punishment may be remitted where a perpetrator of the offences under paras 1, 2 and 3 above had reported the criminal offence before he learned that the crime had been detected.

(5) The provisions of paras 1, 2 and 4 above shall also apply when a gift or other undue advantage was given, offered or promised to a a responsible officer or other person in an institution or another non-commercial entity.

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.