'National prosecution for offences against the administration of justice' in document 'Bosnia and Herzegovina- Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

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

Failure to Inform of a Person Indicted by the International Criminal Tribunal
Article 231

(1) Whoever, having knowledge of the whereabouts of a person indicted by the international criminal tribunal, and having knowledge of the fact of such indictment, fails to report such whereabouts, although the timely discovery of the wanted person depends on such report,
shall be punished by imprisonment for a term not exceeding three years.
(2) No punishment for the failure to inform of a person referred to in paragraph 1 of this Article shall be imposed on a person who is the spouse, cohabiting partner, first-line blood relative, brother or sister, adoptive parent or adopted child or their spouse or cohabiting partner, or defence lawyer, medical doctor or confessional priest of the indicted person .

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
4. (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.