'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 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER III
On covering up

Article 451

Whoever has knowledge of a felony committed and, without having intervened in it as a principal, subsequently intervenes in its execution, in any of the following manners, shall be punished with a sentence of imprisonment of six months to three yearsm :

1. Aiding the principals or accomplices to benefit from the gains, product or price of the offence, without intending personal profit ;

2. Hiding, altering or destroying the evidence, effects or instruments of an offence, to prevent it being discovered ;

3. Aiding the suspected criminals to avoid investigation by the authority or its agents, or to escape search or capture, whenever any of the following circumstances concur :
a) That the act covered up amounts to treason, regicide, the homicide of any of the King’s ascendants or descendents, of the Queen Consort or the Consort of the Queen, the Regent or any other member of the Regency, of the Heir to the Throne, genocide, crimes against humanity, crimes against protected persons and assets in the event of armed conflict, rebellion, terrorism, homicide, piracy, trafficking in human beings or trafficking in human organs ;
b) When the person abetting has acted in abuse of his public functions. In this case, in addition to the punishment of custodial sentence, that of special barring from public employment and office for a term of two to four years shall be imposed if the felony concealed is less serious, and of absolute barring for a term from six to twelve years if it is serious.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER VII
On obstruction of justice and professional disloyalty

Article 464

1. Whoever, by means of violence or intimidation directly or indirectly attempts to influence the accuser, a party or the accused, solicitor, barrister, expert, interpreter or witness in proceedings, in order for him to change his behaviour in the proceedings, shall be punished with a sentence of imprisonment of one to four years and a fine from six to twenty- four months.

Should the principal thereof achieve his objective, the punishment shall be imposed in its upper half.

2. The same penalties shall be imposed on whoever commits any act contrary to life, integrity, liberty, sexual freedom or assets, in retaliation against the persons mentioned in the preceding Section, due to their action in the judicial proceedings, without prejudice to the relevant punishment for the offence to which these amount.

Article 465

1. Whoever, when intervening in proceedings as a solicitor or barrister, abusing his duties, destroys, makes void or conceals documents or proceedings notified to him in that capacity shall be punished with a sentence of imprisonment of six months to two years, a fine for seven to twelve months and special barring from his profession, public employment and office of three to six years.

2. Should the acts described in Section one of this Article be perpetrated by a private individual, the punishment shall be a fine of three to six months.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER IX
On felonies against the Judicial Administration of the International Criminal Court

Article 471 bis

3. Whoever intentionally destroys or alters evidence, or interferes with the procedures for giving evidence before the International Criminal Court, shall be punished with a sentence of imprisonment of six months to two years and a fine for seven to twelve months.

4. Whoever bribes a witness, obstructs his appearance or deposition before the International Criminal or interferes with them, shall be punished with a sentence of imprisonment of one to four years and a fine from six to twenty- four months.

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