The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

False testimony

Art.335 – (1) The act of a perpetrator who, in a criminal, civil or disciplinary cause or in any other cause in which witnesses are heard, makes false statements, or does not tell everything he/she knows regarding the essential circumstances concerning which he/she was questioned, shall be punished by strict imprisonment from one to 5 years.

(2) If the false testimony resulted in a conviction to a penalty of detention exceeding 5 years, the penalty shall be strict imprisonment from one to 5 years, and if the result was a conviction to a penalty exceeding 10 years, the penalty shall be strict imprisonment from 2 to 10 years.

(3) The act in para.(1) or (2) shall not be punished if, in criminal causes, before the defendant’s arrest, or in all cases, before a decision is uttered or another solution is given following the false testimony, the witness shall withdraw his/her testimony.

(4) If withdrawal of testimony occurs in criminal causes after the defendant’s arrest or in all causes after a decision is pronounced or another solution is given following the false testimony, the court shall reduce the penalty according to Art.92.

(5) Para.(1)-(4) shall apply accordingly also to experts or interpreters.

Attempt to determine false testimony

Art. 336 – (1) The attempt to determine a person by coercion or corruption to make false statements or not to testify in a criminal, civil, disciplinary cause or in any other cause in which witnesses are heard, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Para.(1) shall apply accordingly also if the act is committed with regard to an expert or interpreter.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Hindrance of participation in a trial

Art.337 - Hindrance of participation of a witness, expert, interpreter or defender in a criminal, civil, disciplinary cause or any other cause, committed by violence, threat or by any other means of coercion against them or their spouse or a close relative shall be punished by strict imprisonment from one to 7 years.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Torture

Art.343 – (1) An act deliberately causing a person pain or intense suffering, either physically or mentally, in order to obtain from that person or from a third party information or confessions, to punish him/her for an act committed by him/her or a third party or that he/she or a third party is suspected to have committed, to intimidate or exercise pressure on him/her or on a third party, or for any other reason based on a form of discrimination, regardless of its nature, when such pain or suffering is applied by an agent of public authority or by any other person acting in official capacity or upon instigation or with the express or tacit consent of such persons shall be punished by strict imprisonment from 2 to 7 years.

(2) If the act in para.(1) resulted in any of the consequences in Art.186 or Art.187, the penalty shall be strict imprisonment from 5 to 15 years.

(3) Torture that resulted in the victim’s death shall be punished by life detention or by severe detention from 15 to 25 years.

(4) No exceptional circumstance, whatever its nature may be, regardless of whether it is a state of war or of war threats, internal political instability or any other exceptional state, can be invoked to justify torture ; also, the order of the law or command of legitimate authority cannot be invoked either.

(5) Acts in para.(1) shall not be offences of torture if the pain or suffering are the exclusive result of legal sanctions and are inherent to these sanctions or caused by them.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Allowance of illegal detainment or arrest

Art.345 – The act of a person who, taking cognizance in any way of any illegal detainment or arrest, does not take the legal measures immediately, but no later than 6 hours, although it was a duty inherent to his/her office, shall be punished by strict imprisonment from one to 5 years.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Subjection to ill treatment

Art.346 – Subjection to ill treatment of a person in a state of detainment, detention or executing a security or educatory measure, shall be punished by strict imprisonment from one to 5 years.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Retaining or destroying documents

Art.347 – The act of retaining or destroying a document issued by a body of criminal prosecution, by a law court or by another body of jurisdiction, or hindering in any way the receipt of a document by one of the bodies aforementioned, when such documents are necessary for the resolution of a cause, shall be punished by strict imprisonment from one to 3 years or by days/fine.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Hindrance in the activity of justice

Art.348 – (1) The act of partaking in demonstrations or meetings in the vicinity or in court rooms, when a trial is being judged, in order to intimidate and influence the judgment in any way, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also any threat or act of intimidation committed against a judge, prosecutor, body of criminal prosecution, lawyer, expert or interpreter in order to influence his/her behaviour in the accomplishment of legal duties.

(3) The attempt to determine a person by coercion or corruption not to present proof in a criminal cause shall be punished by imprisonment from one to 3 years or by days/fine.

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

Escape

Art.349 – (1) Escape from the legal state of confinement or detention shall be punished by strict imprisonment from one to 3 years.

(2) If the act is committed using violence, weapons or other instruments, or by two or more persons together, the penalty shall be strict imprisonment from 2 to 8 years.

(3) The penalty applied for the offence of escape shall be added to the penalty being executed, without exceeding the general maximum of the immediately superior penalty.