'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' in document 'Vietnam - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter XXII CRIMES OF INFRINGING UPON JUDICIAL ACTIVITIES

Article 299.- Forcing evidence or testimony

1. Those who, while conducting investigation, prosecution or trial, employ illegal tricks in order to force persons being questioned to give false evidence, causing serious consequences, shall be sentenced to between six months and three years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five years and ten years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

GENERAL PART

Chapter XXII CRIMES OF INFRINGING UPON JUDICIAL ACTIVITIES

Article 300.- Falsifying case dossiers

1. Any investigators, procurators, judges, juries, court clerks or other judicial personnel, advocates or defenders of interests of involved parties, who add, cut, amend, fraudulently exchange, destroy or damage documents and/or material evidence pertaining to cases, or employ other means with a view to falsifying the contents of dossiers on cases, shall be sentenced to between one and five years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
a) In an organized manner;
b) Causing serious consequences.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders shall also be banned from holding certain posts and/or doing certain jobs for one to five years.

GENERAL PART

Chapter XXII CRIMES OF INFRINGING UPON JUDICIAL ACTIVITIES

Article 309.- Bribing or coercing other persons to make false declarations or to supply untrue documents

1. Those who bribe or coerce witnesses and/or victims to make false declarations and/or supply untrue documents, experts to make false conclusions and/or interpreters to make wrong interpretations, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) Using force, threatening to use force of employing other dangerous tricks;
b) Abusing positions and/or powers.

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:
(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