立法数据库

Article 377

(Obstruction to justice)

Anyone who offers or promises money or other property to a person called to make statements before a judicial authority or the International Criminal Court or to a person requested to make statements by a defence lawyer in the course of investigations, or to the person appointed to act as an expert, consultant or interpreter, to induce that person to commit the offences referred to in Articles 371-bis, 371-ter, 372 and 373, shall be subject, if the offer or promise is not accepted, to the punishment prescribed in such articles reduced by one half to two thirds.

The same provision shall apply when the offer or promise is accepted but no falsity has been committed.

Any person who uses violence or threats for the purposes indicated in the first paragraph shall receive the punishment prescribed for the offences referred to in that first paragraph, reduced by an amount not exceeding a third, for the event that such purpose is not achieved (208) (233)

The punishment established in the first and third paragraphs shall be increased if there is concurrence of the conditions referred to in Article 339.

A conviction shall imply disqualification from holding public offices.

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UPDATE (208) Law of 31 May 1965, no. 575, as amended by Law of 16 March 2006, no. 146, stipulates (by Article 7, paragraphs 1 and 3) that the punishment established for the offence referred to in the third paragraph of this article shall be increased by one third up to one half if the fact is committed by a person who received a preventive measure by a final order during the application period and up to three years starting from when enforcement ceased. A security detention measure shall be added to the punishment.

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AGGIORNAMENTO (233)

Legislative Decree of 6 September 2011, no. 159, stipulates:

- (by Article 71, paragraph 1) that the punishment established for the offence referred to in the third paragraph of this article shall be increased by one third up to one half if the fact is committed by a person who received a preventive measure on persons by a final order during the application period and up to three years starting from when enforcement ceased,

- (by Article 71, paragraph 3) that a security detention measure shall be added to the punishment.

Article 377-bis

(Inducement not to make statements or to make false statements to the judicial authority)

Unless the act constitutes a more serious offence, any person who, by means of violence or threats, or by an offer or promise of money or other property, induces a person - called to make statements before the judicial authority that may be used in criminal proceedings – not to make statements or to make false statements, when such a person has the right not to provide any answers, shall be punished by a term of imprisonment of two to six years. (175)

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UPDATE (175) Law of 1 March 2001, no. 63, stipulates (by Article 26, paragraph 1) that "In criminal trials pending upon the day of entry into force of this piece of legislation, the provisions of the preceding articles shall apply except for the provisions of paragraphs 2 to 5".