'Offences against administration of justice' in document 'Kyrgyzstan - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 317. Obstruction of the Administration of Justice

(1) Interference in any form in the functioning of the Court, for the purpose of obstructing the administration of justice,

Shall be punishable by a fine in the amount of two hundred to five hundred estimated rates with disqualification to hold specified offices or to engage in specified activity for a term of up to three years or by imprisonment for a term of up to two years.

(2) A deed stipulated by the first part of the present Article, committed by a person by using his official position,

Shall be punishable by a fine in the amount of five hundred to one thousand of estimated rates or by imprisonment for a term of up to five years with disqualification to hold specified offices or to engage in specified activity for a term of up to three years.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 318. Obstruction of the Preliminary Investigation

(1) Interference in any form in the activity of a procurator, investigator, and a person conducting inquests for the purpose of obstructing the comprehensive, full, and objective investigation of a case,
Shall be punishable by a fine in the amount of one hundred to two hundred estimated rates.

(2) A deed envisaged in the first part of the present Article committed by a person using his official position,

Shall be punishable by a fine in the amount of five hundred to one thousand estimated rates or by imprisonment for a term of up to five years with disqualification to hold specified offices or to engage in specified activity for a term of up to three years.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 319. Murder of a Person Administering Justice or One Engaged in a Preliminary Investigation

The murder of a judge, juror, or any other person participating in the administration of justice, of a procurator, investigator, a person conducting inquest, a defense lawyer, an expert, an officer of justice, and also of their relatives, in connection with the examination of cases or materials in court, with the preliminary investigation or the execution of a court's judgment or decision, or any other judicial act, accomplished for the purpose of obstructing the lawful activity of said persons or out of revenge for such activity,

Shall be punishable by twelve to twenty years of imprisonment with confiscation of property or imprisonment for life with confiscation of property.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 320. Threats or Forcible Actions in Connection with the Administration of Justice or Preliminary Investigation

(1) Threats of murder, infliction of injury to human health, or destruction or damage of property against a judge, juror, or any other person participating in the administration of justice, and also against their relatives, in connection with the examination of cases or materials in court,

Shall be punishable by a fine in the amount of 200 to 7,000 estimated rates or up to three years of imprisonment.

(2) The same deed, committed against a procurator, investigator, a person conducting inquests, defense lawyer, expert, specialist, officer of justice, and also against their relatives, in connection with the preliminary investigation, the examination of cases or materials in court, or in connection with the execution of a court's judgment or decision, or any other judicial act,

Shall be punishable by a fine in the amount of 200 to 7,000 estimated rates or up to three years of imprisonment.

(3) The acts envisaged by the first or second part of the present Article committed with the use of violence that provides no danger to human life or health,

Shall be punishable by imprisonment for a term of up to five years.

(4) The deeds envisaged in the first or second part of the present Article and committed with the use of violence endangering the human life or health,

Shall be punishable by imprisonment for a term of five to ten years.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 325. Compulsion to Give Evidence

(1) Compulsion to give evidence used with regard to a suspect, defendant, victim, or witness, or coercion of an expert to make a report or give evidence through the application of threats, blackmail, or other illegal actions, by an investigator or a person conducting inquests,

Shall be punishable by imprisonment for a term of up to two years.

(2) The same act, joined with the use of violence, mockery, or torture

Shall be punishable by imprisonment for a term of two to eight years.

(3) The acts stipulated for in the first and second parts of the present Article and entailed grave consequences,

Shall be punishable by imprisonment for a term of seven to twelve years.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 326. Falsification of Evidence

(1) Falsification of evidence in a civil case, by a person who takes part in this case or by his representative,

Shall be punishable by a fine in the amount of five hundred to eight hundred of estimated rates.

(2) Falsification of evidence in a criminal case, by a person who conducts inquests, an investigator, procurator, or defense lawyer,

Shall be punishable by imprisonment for a term of up to three years with disqualification to hold specified offices or to engage in specified activity for a term of up to three years.

(3) Falsification of evidence in a criminal case about a grave or especially grave crime, and also falsification of evidence which has involved grave consequences,

Shall be punishable by imprisonment for a term of three to seven years with disqualification to hold specified offices or to engage in specified activity for a term of up to three years.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 330. Knowingly False Testimony, Expert or Specialist Opinion, or Mistranslation

(1) Knowingly false testimony of a witness, a victim or an expert's opinion or evidence or specialist's evidence, and also knowing mistranslation in court, or in a preliminary investigation,

Shall be punishable by 80 to 160 hours of public work or a fine in the amount of 200 to 1,000 estimated rates or up to two years of correctional work or up to three years of imprisonment.

(2) The same acts, joined with the accusation of a person of the commission of a grave or especially grave crime,

Shall be punishable by a fine in the amount of 500 to 5,000 estimated rates or up to three years of correctional work or up to five years of restricted liberty or up to five years of imprisonment.

Note. A witness, victim, expert, specialist, or interpreter shall be relieved from criminal liability if prior to passing a sentence by a court or a court’s decision they on their own free will have stated that their testimony or opinion was false, or that interpretation was knowingly given wrongly in the course of an inquest, preliminary investigation, or court hearing.

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 332. Bribery or Compulsion for Giving Testimony or for Evading Giving Testimony, or for Mistranslating

(1) Bribery of a witness or victim to give false testimony, or of an expert or specialist to give a false opinion or false testimony, or of an interpreter to make a mistranslation,

Shall be punishable by a fine in the amount of one hundred to two hundred estimated rates.

(2) Compulsion of a witness or victim to give false testimony, or of an expert or specialist to give a false opinions, or of an interpreter to make a mistranslation, and also compulsion of said persons to evade giving testimony, joined with blackmail or threat of murder, infliction of injury to human health, or destruction or damage of the property of these persons or of their relatives,

Shall be punishable by a fine in the amount of two hundred to five hundred estimated rates or by imprisonment for a term of up to three years.

(3) Acts provided for in the second part of the present Article, and committed by an organized group, with the use of violence that does not endanger the lives or health of said persons,

Shall be punishable by imprisonment for a term of up to five years.

(4) Acts stipulated in the first or second part of the present Article, and committed by an organized group, or with the use of violence that endangers the lives and health of said persons,

Shall be punishable by imprisonment for a term of three to ten years.

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.