SPECIAL PART

Chapter 17
False Evidence and False Accusation

§ 158

(1) Any person who gives false evidence before the court, including through the use of telecommunication, shall be liable to imprisonment for any term not exceeding four years. This provision shall similarly apply to false evidence given before a foreign court.

(2) The same penalty shall apply to anyone who gives false evidence before the Court of Justice of the European Communities.

(3) If the false evidence relates only to facts irrelevant to the matter to be elucidated, the penalty may be reduced to a fine.

§ 159

(1) Any person who gives false evidence when accused in public criminal procedures or while being examined in cases where he would not be legally required to give evidence shall not be liable to punishment.

(2) If false evidence is given in the course of an examination before the court where the person was entitled to refuse to give evidence, the penalty may be reduced or, in mitigating circumstances, remitted.

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.