Chapter IV Offenses That Obstruct the Administration of the ICC

(Destruction of Evidence, etc.)
Article 53 (1) A person who destroys, counterfeits or alters evidence related to a criminal case before the ICC, or who uses counterfeit or altered evidence, shall be punished by imprisonment with work for up to two years or a fine of up to 200,000 yen.

(2) Where the relative of an offender has committed the crime set forth in the preceding paragraph in the interest of the offender, the relative may be exempted from punishment.


(Intimidation of a Witness, etc.)
Article 54 A person who, in relation to his/her own criminal case before the ICC or that of another person, has forcibly demanded a meeting with any person found to have knowledge necessary for the investigation or trial of such case or a relative thereof without justifiable grounds, or who has intimidated any of such persons, shall be punished by imprisonment with work for up to one year or a fine of up to 200,000 yen.


(Bribery of a Witness, etc.)
Article 55 A person who, in relation to his/her own criminal case before the ICC or that of another person, has conferred, offered, or promised money or any other benefit as consideration for not giving testimony, for giving false testimony, for destroying, counterfeiting, or altering evidence, or for using counterfeit or altered evidence, shall be punished by imprisonment with work for up to one year or a fine of up to 200,000 yen.


(Destruction of Evidence of Organized Crime, etc.)
Article 56 (1) Where an act that constitutes a crime specified by the Statute has been committed as the work of a group (meaning a continually unified body of many people with a common purpose, where the acts that fulfill such purpose or intent are repeatedly engaged in, in whole or in part, by an organization (meaning a combination of people whose members act as one according to their predetermined share of duties based on directions and orders; hereinafter the same shall apply in this paragraph); the same shall apply in the following paragraph), by an organization whose purpose is to bring said act to fruition, any person who has committed an act that falls under any of the preceding three Articles (excluding Article 53, paragraph (2); the same shall apply in the following paragraph) with regard to a criminal case before the ICC in connection with such crime shall be punished by imprisonment with work for up to three years or a fine of up to 200,000 yen.

(2) Where a crime specified by the Statute is committed in order to cause a group to acquire illicit interests (meaning control over a specific region or field based on the group's power, facilitating said group or its members in continuously acquiring interests through crime or any other illicit acts committed by members of that group; hereinafter the same shall apply in this paragraph) or in order to maintain or expand the group's illicit interests, any person who has committed an act that falls under any of the preceding three Articles with regard to a criminal case before the ICC in connection with such crime shall also be subject to the provisions of the preceding paragraph.


(Perjury, etc.)
Article 57 (1) When a witness who has sworn an oath pursuant to the provisions of article 69, paragraph 1 of the Statute has given a false statement, he/she shall be punished by imprisonment with work for no fewer than three months and up to ten years.

(2) When a person who has committed the crime set forth in the preceding paragraph confesses before a judicial decision becomes final and binding with regard to the criminal case before the ICC for which he/she has testified, the punishment may be reduced or he/she may be exempted from it.

(3) When an expert witness, interpreter, or translator who has sworn an oath in accordance with procedure at the ICC has given a false expert opinion or interpretation or made a false translation, the provisions of the preceding two paragraphs shall apply.


(Acceptance of a Bribe, Acceptance of a Bribe Involving a Specific Favor, and Acceptance of a Bribe in Advance of Assumption of Office)
Article 58 (1) When a judge, the Prosecutor or any other official of the ICC (hereinafter referred to as an "ICC official") has accepted, solicited, or promised to accept a bribe in connection with his/her duties, he/she shall be punished by imprisonment with work for up to five years. In this case, when he/she has accepted a request for a specific favor in doing so, he/she shall be punished by imprisonment with work for up to seven years.

(2) When a person who wishes to become an ICC official has accepted, solicited, or promised to accept a bribe in connection with a duty he/she will assume, and has accepted a request for a specific favor in doing so, he/she shall be punished by imprisonment with work for up to five years in the event that he/she becomes an ICC official.


(Passing of a Bribe to a Third Party)
Article 59 When an ICC official has caused a bribe to be conferred to a third party or has solicited or promised the conferral of such a bribe to a third party, and has accepted a request for a specific favor in connection with his/her duties in doing so, said official shall be punished by imprisonment with work for up to five years.


(Aggravated Acceptance of a Bribe and Acceptance after Resignation from Office)
Article 60 (1) When an ICC official has committed any of the crimes set forth in the preceding two Articles and has acted unfairly or refrained from acting appropriately as a consequence, he/she shall be punished by imprisonment with work for a definite term of not less than one year.

(2) The provisions of the preceding paragraph shall also apply when an ICC official has acted unfairly or refrained from acting appropriately in the course of his/her duties, and has accepted, solicited, or promised to accept a bribe, has caused a bribe to be conferred to a third party, or has solicited or promised to cause the conferral of a bribe to a third party in connection therewith.

(3) When a person who was formerly an ICC official accepted a request for a specific favor during his/her term of office to act unfairly or to refrain from acting appropriately in the course of his/her duties, in connection with which he/she accepted, solicited, or promised to accept a bribe, he/she shall be punished by imprisonment with work for up to five years.


(Acceptance of a Bribe for Exertion of Influence)
Article 61 When an ICC official has accepted, solicited, or promised to accept a bribe as consideration for causing or for having caused another ICC official to act unfairly or to refrain from acting appropriately in the course of his/her duties, and has accepted a request for a specific favor in doing so, he/she shall be punished by imprisonment with work for up to five years.


(Confiscation and Collection of Equivalent Value)
Article 62 A bribe accepted by an offender or by a knowing third party shall be confiscated. When the whole or a part of the bribe cannot be confiscated, an equivalent sum of money shall be collected.


(Offering of a Bribe)
Article 63 A person who confers, offers, or promises to confer any of the bribes prescribed in Articles 58 through 61 shall be punished by imprisonment with work for up to three years or a fine of up to 2,500,000 yen.


(Obstructing or Compelling Official Duties)
Article 64 (1) A person who has committed assault or intimidation against an ICC official in connection with the execution of his/her duties shall be punished by imprisonment with or without work for up to three years or a fine of up to 500,000 yen.

(2) The provisions of the preceding paragraph shall also apply to a person who has committed assault or intimidation against an ICC official in order to cause the official to make or refrain from making a specific disposition or in order to cause the official to resign.


(Crime by a Japanese National Outside Japan)
Article 65 The crimes set forth in this Chapter shall be governed by Article 3 of the Penal Code.

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