Database of Legislation

Obstruction of Justice
  • Offending Involves

    • • promising/ offering/ giving undue advantage
      • Physical force/threat/intimidation
  • In Order To

    • • Interfere in the giving of testimony or the production of evidence in a proceeding
      • Induce false testimony
 Book 4 - Title 2
 Article 546-549
 Chapter 2 - Section 1

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 546: Intimidation Against a Witness

    Any act of intimidation committed by a perpetrator alone or with consent of a third party to instigate a witness not to give any statement or to provide false oral or written testimony is punishable by an imprisonment from 2 (two) years to 5 (five) years and a fine from 4,000,000 (four million) Riels to 10,000,000 (ten million) Riels.

    It is punishable by an imprisonment from 5 (five) years to 10 (ten) years if the offence produces an effect.

    Article 547: Bribery Taken by a Witness to Produce False Testimonies

    It is punishable by an imprisonment from 5 (five) years to 10 (ten) years for the act of any witness who directly or indirectly solicits or accept donation, present, promise or any interest in order:

    1. not to testify as a witness;

    2. to provide false testimony.

    Article 548: Bribery Given to a Witness

    It is punishable by an imprisonment from 5 (five) years to 10 (ten) years any person who gives directly or indirectly donation, present, promise or any interest to a witness in order:

    1. not to testify as a witness;

    2. to provide false testimony.

    Article 549: Publication Aiming at Putting Pressure on a Witness

    Any publication, prior to the final decision of the court, of any commentaries which intends to put pressure on a witness in order to influence over the testimony of the witness is punishable by an imprisonment from 6 (six) days to 1 (one) month and a fine from 10,000 (ten thousand) Riels to 100,000 (one hundred thousand) Riels.