Database of Legislation

Obstruction of Justice
  • Sectors

    • • Public officials
  • Offending Involves

    • • promising/ offering/ giving undue advantage
  • Keywords

    • • Corrupt means
 CHAPTER XXXIX
 Article 332 - 342

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 332

    Abuse of Official Authority

    1. Abuse of official authority by an officer or a person equal thereto in contempt of public service requirements in order to gain any profit or privilege for oneself or others that has come as a substantial prejudice to the right of a natural or legal person, legal public or state interest,- shall be punishable by fine or by jail time up to four months in length or by imprisonment for up to three years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.
    2. Abuse of official authority by a state-political official,- shall be punishable by fine or by imprisonment for up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.


    Article 333

    Exceeding Official Powers

    1. Exceeding official powers by an officer or a person equal thereto that has inflicted a substantial damage to the right of a natural or legal person, legal public or state interest,- shall be punishable by fine or by jail time up to four months in length or by imprisonment for up to three years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.
    2. Exceeding official powers by a state-political official. shall be punishable by fine or by imprisonment for up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.
    3. The action preferred to in Paragraph 1 or 2 of this article, perpetrated: a) repeatedly; b) under violence or by application of arms; c) by insulting a dignity of a victim,- shall be punishable by prison sentences ranging from three to eight years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.


    Article 334

    Illegal Release of Suspect or Accused from Criminal Liability Illegal release of an accused person as well as of a suspect from criminal liability,- shall be punishable by imprisonment up to four years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.


    Article 335

    Giving Evidence or Submitting Opinion under Duress

    1. Forcing of the suspect, victim or witness to give evidence or an expert to submit opinion by the prosecutor, investigator or inquirer by threats or any other illegal action,- shall be punishable by imprisonment up to three years in length.
    2. The same action involving violence, abuse or torture,- shall carry legal consequences of imprisonment ranging from two to eight years in length.


    Article 336

    Delivering Illegal Sentence or Other Court Decision

    1. Delivering an illegal sentence or any other illegal court decision,- shall be punishable by fine or by imprisonment for up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years. 2. Delivering an illegal sentence, in case such sentence involves life imprisonment, shall bear legal consequences of imprisonment ranging from three to ten years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.


    Article 337

    Illicit Participation in Entrepreneurial Activity Establishment of an enterprise, organization or institution for entrepreneurial purposes or participation therein, irrespective of a legal prohibition, by an officer or a person equal thereto, directly or indirectly, if it is related to awarding illegal privileges or preferences or granting any other form of patronage to him/her,- shall be punishable by restriction of freedom extending from two to three years in length or by imprisonment for up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.


    Article 338

    Accepting Bribes

    1. Accepting bribes by an officer or a person equal thereto, in the form of money, securities, property or any other material benefit, for performing or not performing this or that action in favour of the bribe-giver that the officer or the person equal thereto must have or could have performed by using his/her official position, or his/her official authority could have promoted such action, as well as exercising official patronage by him/her,- shall be punishable by prison sentences ranging from five to ten years in length.
    2. Accepting bribes: a) by a political official; b) in large quantities; c) by a prior consent of a group,- shall be punishable by prison sentences ranging from six to twelve years in length.
    3. The action referred to in Paragraph 1 or 2 of this article, committed: a) by a person previously convicted of bribery; b) repeatedly; c) through extortion; d) by an organized group; e) in especially large quantities,- shall carry legal consequences of imprisonment ranging from eight to fifteen years in length. Note: Bribe in large quantities shall be the amount exceeding ten thousand laris in the form of money, securities, other property or material benefit, and the amount in excess of thirty thousand laris shall be construed as bribe in especially large quantities.


    Article 339

    Bribe-Giving

    1. Giving bribes to an official or a person equal thereto,- shall be punishable by fine or by corrective labour up to two years in length or by restriction of freedom up to a similar term or by jail time not in excess of three months or by imprisonment for up to two years in length.
    2. Giving bribes to an official or a person equal thereto for committing an illegal action,- shall be punishable by fine or by imprisonment for up to eight years in length. Note: A briber shall be released from criminal liability if he/she was extorted of bribe or if he/she voluntary informed a prosecuting body on the bribe-giving.


    Article 340

    Accepting Illegal Presents

    1. Accepting an illegal present by an official or a person equal thereto,- shall be punishable by fine or by socially useful labour from one hundred to three hundred hours or by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.
    2. The same action committed repeatedly,- shall be punishable by fine or by socially useful labour from two hundred to four hundred hours or by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.


    Article 341

    Falsification in Service Falsification in service, i.e. entering false data or record into an official document or register, or drawing up or issuance of a false document, as well as forging of an official or private document existing in the file of an enterprise, establishment, organization, by an official or a person equal thereto, perpetrated for mercenary purposes or by any other personal motive,- shall be punishable by fine or by imprisonment for up to two years in length.


    Article 342

    Neglect of Official Duty

    1. Neglect of official duty, e. I. non-fulfillment or undue fulfillment, by an official or a person equal thereto, of the official obligation due to neglectful attitude therewith, that has substantially prejudiced the right of a natural or legal person, legal public or state interest,- shall be punishable by fine or by jail time not in excess of six months or by imprisonment for up to two years in length.
    2. The same action that through negligence has claimed human life or has given rise to any other grave consequence,- shall carry legal consequences of imprisonment for up to four years in length.

     
     
     

    Comment

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