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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Submitting false evidence

Article 366-a

(1) One that in procedure in front of a court or in administrative procedure will submit evidence for which he/she knows that are false, shall sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be imposed on one that will remove or destroy evidence that are significant for a procedure in front of a court or in administrative procedure.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Giving a false statement

Article 367

(1) A witness, expert, translator or interpreter who gives a false statement before the court or in an administrative, petty offense or disciplinary procedure, shall be punished with a fine, or with imprisonment of up to three months.

(2) The punishment from item 1 shall apply also to a party which gives a false statement when presenting evidence by interrogation of the parties in a process or administrative procedure, and the decision made in this procedure is based on this statement.

(3) If the false statement from item 1 is given in a criminal proceeding, the offender shall be punished with imprisonment of three months to five years.

(4) If because of the crime from item 3, especially serious consequences were caused for the accused, the offender shall be punished with imprisonment of one to ten years.

(5) If the offender calls off his false statement of own volition, before a decision that has come into effect is passed, he may be acquitted from punishment.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Preventing the collection of evidence

Article 368

(1) A person who with the intention of preventing or hindering the collection of evidence, hides, destroys, damages or makes useless, partially or completely, another's document or object that is serves as evidence, shall be punished with a fine, or with imprisonment of up to one year.

(2) The punishment from item 1 shall apply also to a person who, with the same intention, removes, destroys, damages, shifts or moves a boundary, land-measurement or other sign, regarding ownership, or some other right based on real estate or the rights for the use of water, or to a person who with the same intention falsely sets up such a sign.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Illegal influence on witnesses

Article 368-a

(1) One who will influence on some person to appear or not to appear as a witness in a procedure in front of a court or in administrative procedure or is called as a witness to give or not to give statement i certain sense, using threat on the life or the body or on the property in greater scope, offering bribe, disruption or in any other way, shall be sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that, for revenge for the statement given by the person called as a witness, will revoke some right, mistreat or cause physical injury to the person called as a witness or a person close to him/her.

(3) If especially severe consequences occurred on the defendant in criminal procedure or the witness or a person close to him/her suffered severe physical injury, shall be sentenced with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Unlawful usurpation of objects during search or in a procedure for execution

Article 374

An official person who, during the search of a home, premises or persons, or in a procedure of execution, unlawfully takes away another's movable object, with the intention of usurpation, shall be punished with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Coercion against a judiciary employee

Article 375

(1) A person who by force or by serious threat, coerces a judge, a jury-judge, a public prosecutor, a public legal officer, or their deputy, to do, not to do, or to endure something, shall be punished with a fine, or with imprisonment of up to three years.

(2) If during performing of the crime, the persons from paragraph 1, or persons close to them, suffered physical injury, the perpetrator shall be sentenced with imprisonment of one to ten years.

(3) The attempt of the crimes stipulated in the paragraph 1, 2 and 3 is punishable.

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.