Base de données sur la législation

Obstruction of Production of Evidence

Article 390

(1) Whoever gives, offers or promises a gift or another advantage to a witness or expert witness or another participant before a court or another state authority, or a member of his family or family community or who uses force or threats against him in order for that person to affect the outcome of proceedings by giving false testimony or refraining from giving testimony, shall be punished by a prison sentence for a term from six months to five years.

(2) Whoever, intending to prevent or impede production of evidence, conceals, destroys, damages, or makes unusable, in whole or in part, another person’s document or other objects which serve as evidence shall be punished by a fine or a prison sentence for a term not exceeding one year.

(3) The penalty set out in paragraph 2 of this Article shall also be imposed on whomever with the intention set out in paragraph 2 of this Article removes, destroys, damages, moves or relocates a borderline stone, survey marker or any other mark indicating ownership of real estate or the right to use water, or a person who fraudulently places such a mark with the same intention.

Violation of Confidentiality of Procedure

Article 391

(1) Whoever unauthorisedly discloses information obtained in a court, misdemeanour, administrative or other procedure laid down by law, where such information may not be publicly disclosed under law or where it has been declared secret by a decision of a court or another competent authority, shall be punished by a fine or a prison sentence for a term not exceeding one year.

(2) The penalty set out in paragraph 1 of this Article shall also be imposed on whomever, without the permission of the court, publicly discloses the course of criminal proceedings conducted against juveniles or the decision rendered in such procedure or who publicly discloses the name of the juvenile against whom proceedings were conducted or the data revealing the identity of the juvenile.

(3) Whoever unauthorisedly discloses identity data or personal data of the person protected in criminal proceedings or under a special protection programme, shall be punished by a prison sentence for a term not exceeding three years.

(4) Where the offence set forth in paragraph 3 of this Article resulted in grave consequences to the protected person or where it prevented or significantly hindered the conduct of criminal proceedings, the perpetrator shall be punished by a prison sentence for a term from six months to five years.