'Offences against administration of justice' in document 'Bosnia and Herzegovina- Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Failure to Enforce Orders and Sentences of the International Criminal Tribunal
Article 203

An official person in the institutions of Bosnia and Herzegovina, entity institutions and the institution of the BrĨko District of Bosnia and Herzegovina who refuses to act upon the order of international criminal tribunal to arrest or detain or extradite to the international criminal tribunal a person against whom the proceedings have been initiated before the international criminal tribunal or if he in any other way prevents enforcement of that order or who refuses enforcement of a legally valid and final sentence of the international criminal tribunal or if in any other way he prevents enforcement of such sentence,
shall be punished by imprisonment for a term between one and ten years.

SPECIAL PART

XIX C H A P T E R N I N E T E E N
CRIMINAL OFFENCES OF CORRUPTION AND CRIMINAL OFFENCES AGAINST OFFICIAL DUTY OR
OTHER RESPONSIBLE DUTY

Accepting Gifts and Other Forms of Benefits
Article 217

(1) An official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him,
shall be punished by imprisonment for a term between one and ten years.
(2) An official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought to be performed by him, or for the omission of an act, which ought not to be performed by him,
shall be punished by imprisonment for a term between six months and five years.
(3) The punishment referred to in paragraph 1 of this Article shall be imposed on an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit following the performance or omission of an official act referred to in paragraphs 1 and 2 of this Article and in relation to it.
(4) The gifts or any other benefits shall be forfeited.


Giving Gifts and Other Forms of Benefits
Article 218

(1) Whoever gives or promises a gift or any other benefit to an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, in order that he performs within the scope of his official powers of an act, which ought not to be performed by him, or abstains from performing of an act which ought to be performed by him, or whoever mediates in such bribing of the official or responsible person,
shall be punished by imprisonment for a term between six months and five years.
(2) Whoever gives or promises a gift or any other benefit to an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, in order that he performs within the scope of his official powers an act, which ought to be performed by him, or abstains from performing of an act, which ought not be performed by him,
shall be punished by a fine or imprisonment for a term not exceeding three years.
(3) The perpetrator of the criminal offence referred to in paragraph 1 and 2 of this Article who had given a bribe on request of the official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, but reported the deed before it being discovered or before knowing that the deed has been discovered,
may be released from punishment.
(4) The gifts or any other benefits shall be forfeited, while in case referred to in paragraph 3 of this Article, they can be returned to the giver.

SPECIAL PART

XX C H A P T E R T W E N T Y
CRIMINAL OFFENCES AGAINST ADMINISTRATION OF JUSTICE

False Information about Criminal Offence
Article 234

(1) Whoever reports a particular person of having perpetrated a criminal offence prescribed by the law of Bosnia and Herzegovina, knowing that such person is not the perpetrator,
shall be punished by imprisonment for a term between six months and five years.
(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whoever forges evidence of a criminal offence or in some other way causes the institution of prosecution for a criminal offence prescribed by the law of Bosnia and Herzegovina against a person whom he knows not to be the perpetrator.
(3) Whoever charges himself with the perpetration of a criminal offence prescribed by the law of Bosnia and Herzegovina, although not being the perpetrator of that criminal offence,
shall be punished by a fine or imprisonment for a term not exceeding six months.
(4) The punishment referred to in paragraph 3 of this Article shall be imposed on whoever reports a criminal offence prescribed by the law of Bosnia and Herzegovina although he know that such an offence has not been perpetrated.


Giving False Statements
Article 235

(1) A witness, expert witness, translator or interpreter who makes a false statement in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina,
shall be punished by a fine or imprisonment for a term not exceeding three years.
(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whoever gives false testimony in presentation of evidence by hearing a party in a civil action or administrative proceedings before the institutions of Bosnia and Herzegovina, if the decision is based on such testimony.
(3) If the false statement has been made in the course of criminal procedure, the perpetrator
shall be punished by imprisonment for a term between six months and five years.
(4) If particularly grave consequences for the accused occur as a result of the criminal offence referred to in paragraph 3 of this Article, the perpetrator
shall be punished by imprisonment for a term between one and ten years.
(5) If the perpetrator voluntarily withdraws his false statement before the final decision has been made, he
shall be punished by a fine or imprisonment for a term not exceeding six months, but may be released from punishment.


Tampering With Evidence
Article 236

(1) Whoever makes a witness or a court witness give a false testimony in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina by use of threat or any other form of force or promise of a gift or some other benefit,
shall be punished by imprisonment for a term between six months and five years.
(2) Whoever, with the aim of preventing or hampering the collection of evidence in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina, conceals, destroys, damages or renders unserviceable, someone else's object or documents that may be used as evidence,
shall be punished by a fine or imprisonment for a term not exceeding three years.

SPECIAL PART

XX C H A P T E R T W E N T Y
CRIMINAL OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Obstruction of Justice
Article 241

a) Whoever uses physical force, threats or intimidation or the promise, offering or giving of undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a criminal proceedings conducted pursuant to the law of Bosnia and Herzegovina,
shall be punished by imprisonment for a term between one and ten years.
b) Whoever uses physical force, threats or intimidation to interfere with the exercise of official duties by a judge, prosecutor or law enforcement official person in relation to a criminal proceedings conducted pursuant to the law of Bosnia and Herzegovina,
shall be punished by imprisonment for a term not less than three years.


Preventing Official Person in the Exercise of Official Duty
Article 241a.

(1) Whoever uses force or threatens to directly use force to prevent an official person in the institutions of Bosnia and Herzegovina in the exercise of his official duties within his authority, or whoever in the same way forces him to perform an official duty, shall be punished by imprisonment for a term between three months and three years.
(2) If an official person subjected to the criminal offence referred to in paragraph (1) of this Article was abused or sustained light bodily injuries or if the criminal offence was committed at gunpoint, the perpetrator shall be punished by imprisonment for a term between six months and five years.
(3) Whoever commits the criminal offence referred to in paragraphs (1) and (2) of this Article against an official person while performing tasks related to security in Bosnia and Herzegovina, while apprehending the perpetrator of a criminal offence or guarding a person deprived of liberty, shall be punished by imprisonment for a term between one and ten years.
(4) If the perpetrator of the criminal offence referred to in paragraphs (1) through (3) of this Article was provoked by an unlawful or inconsiderate treatment by the official person, the perpetrator may be relieved of punishment.


Attack against the official person on tasks of security, detection and apprehension of perpetrators of criminal offences
Article 241b.

(1) Whoever attacks or seriously threatens to attack an official person in the institutions of Bosnia and Herzegovina or a person assisting while performing tasks related to security in Bosnia and Herzegovina, while detecting or apprehending the perpetrator of criminal offences or guarding a person deprived of liberty, shall be punished by imprisonment for a term between three months and three years.
(2) If an official person or a person assisting him has sustained light bodily injuries as a result of the criminal offence referred to in paragraph (1) of this Article or if the criminal offence referred to in paragraph (1) of this Article was committed at gunpoint, the perpetrator shall be punished by imprisonment for a term between six months and five years.
(3) If an official person or a person assisting him has sustained serious bodily injuries as a result of the criminal offence referred to in paragraph (1) of this Article, the perpetrator shall be punished by imprisonment for a term between one and ten years.
(4) If the perpetrator of the criminal offence referred to in paragraphs (1) through (3) of this Article was provoked by an unlawful or inconsiderate treatment by the official person or a person assisting him, the perpetrator may be relieved of punishment.

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.