'Offences against administration of justice' in document 'Estonia - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 1
Obstruction of Administration of Justice

§ 302. Causing serious health damage to judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

(1) Causing serious damage to the health of a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, with the intention to compel the judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of the victim to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person,
is punishable by 4 to 12 years’ imprisonment.

(2) The same act, if the death of a person specified in subsection (1) of this section is thereby caused,
is punishable by 6 to 20 years’ imprisonment.
[ - entry into force 01.09.2002]

§ 303. Violence against judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

Use of violence against a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, or influencing a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of a victim in any other manner, with the intention to compel him or her to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person,
is punishable by a pecuniary punishment or by 1 to 5 years’ imprisonment.
[ - entry into force 01.09.2002]

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2
Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 317. Obstruction of appearance of party to proceedings, witness, victim, expert, translator or interpreter

Preventing a party to a proceeding, a witness, expert, translator or interpreter from appearing at a pre-trial proceeding or court proceeding
is punishable by a pecuniary punishment or up to one year of imprisonment.

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2
Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 320. False testimony and perjury

(1) A victim or witness who gives knowingly false testimony in a criminal or misdemeanour proceeding or civil or administrative court proceeding, or a party to a proceeding who gives knowingly false statements under oath or provides a knowingly incorrect inventory of assets or calculation of income or expenditure under oath
shall be punished by a pecuniary punishment or up to 3 years’ imprisonment.
[ - entry into force 01.09.2011]

(2) The same act, if it involves fraudulent creation of evidence,
is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2
Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 322. Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation

Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation, if committed by using violence,
is punishable by a pecuniary punishment or up to 4 years’ imprisonment.

§ 323. Use of violence against suspect, accused, accused at trial, acquitted person, convicted offender, witness, expert, translator, interpreter or victim

Use of violence against a suspect, the accused, the accused at trial, an acquitted person, a convicted offender, a witness, expert, translator, interpreter or victim in order to prevent him or her from performing his or her duties or exercising his or her rights in criminal procedure, or to take revenge for his or her lawful activities in criminal procedure,
is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

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.