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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

Article 373. Compelling to testify

1. Compelling to testify during an interview by means of unlawful actions of a person who conducts the interview or pretrial investigation, -
shall be punishable by restraint of liberty for a term up to three years, or imprisonment for the same term.

2. The same actions accompanied with violence or insult in regard to a person without any elements of torture, -
shall be punishable by imprisonment for a term of three to eight years. (Article 373 as amended by Law No 270-VI (270-17) of 15.04.2008)

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

Article 377. Threats or violence against a judge, assessor or juror

1. Threats of murder, violence, destruction or impairment of property made in respect of a judge, assessor or juror, and also their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.

2. Willful battery of, or infliction of minor or medium grave bodily injury on a judge, assessor, juror or heir close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to six years.

3. Willful infliction of grave bodily injury on a judge, assessor, juror or their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by imprisonment for a term of five to twelve years.

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

Article 379. Trespass against life of a judge, assessor or juror in connection with their activity related to the administration of justice

Murder or attempted murder of a judge, assessor, juror or their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by imprisonment for a term of eight to fifteen years, or life imprisonment.

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

Article 384. Knowingly false testimony

2. The same actions accompanied with accusations in a grave or special grave offense, or with the fabrication of prosecution or defense evidence, and also committed for mercenary motives, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
(Article 384 as amended by Laws No 2456-IV (2456-15) of 03.03.2005, No 890-VI (890-17) of 15.01.2009 – the Law has been acknowledged to be unconstitutional by the Decision of the Constitutional Court No 20-рп/2009 ( v020p710-09 ) of 10.09.2009)

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

Article 386. Preclusion of appearance of a witness, victim or expert, or compulsion to testify or give an opinion
Preclusion of appearance of a witness, victim or expert before a court, pretrial investigation authorities, ad-hoc investigation commissions and ad-hoc special commissions of the Verkhovna Rada of Ukraine, or inquiry authorities, or compulsion of the above persons to testify or give an opinion, and also give any knowingly false testimony or opinion, by threats of murder, violence, destruction of property of these persons or their close relatives, or disclosure of defamatory information about them, or tampering with a witness, victim or expert for the same purposes, and also any threats to commit any such actions as a revenge for any previously presented testimony or opinion, -
shall be punishable by a fine of 50 to 300 tax-free minimum incomes, or correctional labor for a term up to two years, or to arrest for a term up to six months.
(Article 386 as amended by Laws No 890-VI (890-17) of 15.01.2009 – the Law has been acknowledged to be unconstitutional by the Decision of the Constitutional Court No 20-рп/ 2009 ( v020p710-09 ) of 10.09.2009

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.