Spain

Criminal Code

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.

Keywords

Offences against administration of justice
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
National prosecution for offences against the administration of justice
National penalties - offences against the administration of justice



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