Database of Legislation

Obstruction of Justice
  • Sectors

    • • Public officials
  • Offending Involves

    • • Physical force/threat/intimidation
      • Physical force/threat/intimidation
  • In Order To

    • • Interfere with the exercise of official duties by a justice or law enforcement official
      • Interfere in the giving of testimony or the production of evidence in a proceeding
  • Keywords

    • • Coercive means
 CHAPTER XLI
 Article 364 - 367

UNTOC Articles

  • Organized Crime Convention

  • Article 23: Criminalization of obstruction of justice
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 364

    Obstruction to Administration of Justice or Preliminary Investigation

    1. Illegally hindering the course of justice in whatever form to influence the administration of legal proceedings,- shall be punishable by fine or by jail term up to six months or by imprisonment up to two years in length.
    2. Illegal involvement into the activities of a prosecutor, investigator or inquirer in whatever form to hinder a thorough, complete and objective investigation of the case,- shall be punishable by fine or by socially useful labour ranging from one hundred and eighty to two hundred and twenty hours in length or by jail term up to four months.
    3. The action referred to in Paragraph 1 or 2 of this article, perpetrated by using one’s official position,- shall be punishable by fine or by imprisonment up to four years, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years or without it.


    Article 365

    Threatening or Violence with Respect to Administration of Legal Proceedings or Preliminary Investigation

    1. Threatening to kill or to damage the health of, or destroy or damage the property of a member of the Constitutional Court, judge, jury or a close relative thereof with respect to the court hearing or court review of materials,- shall be punishable by the fine or by imprisonment for up to three years in length.
    2. The same action committed against the prosecutor, investigator, inquirer, attorney, expert, bailiff, any other participant of justice administration or a close relative thereof, with respect to the inquiry, preliminary investigation, court hearing or review, or administration of the sentence or any other court decision,- shall be punishable by fine or by jail term from three to six months or by imprisonment for up to two years in length.
    3. The action referred to in Paragraph 1 or 2 of this article perpetrated under violence which is not dangerous for life or health,- shall be punishable by imprisonment for up to five years.
    4. The action referred to in Paragraph 1 or 2 of this article perpetrated under violence which is dangerous for life or health,- shall bear legal consequences of imprisonment raging from five to ten years in length.


    Article 366

    Contempt of Court

    1. Contempt of court involving insult to a participant of the process,- shall be punishable by fine or by socially useful labour from one hundred and eighty to two hundred and forty hours in length or by jail term from two to four months.
    2. The same action involving insult to a member of the of the Constitutional Court, judge or jury,- shall be punishable by fine or by corrective labour from one to two years in length or by jail term from three to six months.


    Article 367

    Disclosure of Confidentiality Attached to the Security of Member of Constitutional Court, Judge, Jury or Any Other Participant of Justice Administration or Legal Process

    1. Disclosure of the confidential information related to the security of a member of the Constitutional Court, judge, jury or any other participant of justice administration, bailiff, plaintiff, witness or any other participant of the legal process or a close relative thereof by the one who knew such confidential information due to his/her official position or to whom it was made known,- shall be punishable by fine or by restriction of freedom for up to two years in length or by jail term up to four months.
    2. The same action that through negligence has given rise to any grave consequence,- shall carry legal consequences of imprisonment up to five years in length.

     
     
     

    Comment

    Please note that this law is not from an official source.
    Please note this is an unofficial translation.