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妨害司法
  • 部门

    • • 公职人员
  • 所涉犯罪

    • • 人身暴力/威胁/恐吓
  • 为了

    • • 妨碍司法或执法官员行使公务
  • 关键词

    • • 对执法和司法官员使用人身暴力
      • 威胁或恐吓执法和司法官员
 Part Two - Chapter Eight - Division I
 Section 321-324

通过日期:

2005-05-20

UNTOC 文献

  • 有组织犯罪公约

  • 第23: 条 妨害司法的刑事定罪
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    Attacks on a Public Authority

    Section 321

    (1) Whoever uses violence with the intention to affect the execution of powers of a public authority shall be punished by a prison sentence of one to five years.

    (2) A prison sentence of three to eight years shall be imposed upon an offender if they committed an act referred to in Subsection 1 in a more serious manner of conduct.

    (3) An offender shall be punished by a prison sentence of seven to twelve years if they caused grievous bodily harm or death by committing an act referred to in Subsection 1.

    (4) A prison sentence of twelve to twenty years shall be imposed upon an offender if they committed an act referred to in Subsection 1

    a) and thus cause grievous bodily harm or death to several persons, or

    b) thus cause damage of large extent or another particularly serious consequence.

     

    Section 322

    (1) Whoever threatens another person with death, bodily harm or causing minor damage

    a) with the intention to affect the execution of powers of a public authority, or

    b) for the execution of powers of a public authority,

    shall be punished by a prison sentence of up to two years.

    (2) A prison sentence of one to five years shall be imposed upon an offender if they committed an act referred to in Subsection 1 in a more serious manner of conduct.

     

    Attack on Public Officials

    Section 323

    (1) Whoever uses violence

    a) with the intention to affect the execution of powers of a public official, or

    b) for the execution of powers of a public official,

    shall be punished by a prison sentence of one to five years.

    (2) A prison sentence of three to eight years shall be imposed upon an offender if they committed an act referred to in Subsection 1

    a) and thus cause bodily harm,

    b) and thus cause larger damage,

    c) in a more serious manner of conduct, or

    d) against a law enforcement authority or a court.

    (3) A prison sentence of seven to twelve years shall be imposed upon an offender if they committed an act referred to in Subsection 1

    a) and thus cause grievous bodily harm or death, or

    b) thus cause significant damage.

    (4) A prison sentence of twelve to twenty-five years or a life prison sentence shall be imposed upon an offender if they committed an act referred to in Subsection 1

    a) and thus cause death to several persons, or

    b) in a crisis situation.

     

    Section 324

    (1) Whoever threatens another person with death, bodily harm or causing minor damage

    a) with the intention to affect the execution of powers of a public official, or

    b) for the execution of powers of a public official,

    shall be punished by a prison sentence of up to three years.

    (2) A prison sentence of one to five years shall be imposed upon an offender if they committed an act referred to in Subsection 1 in a more serious manner of conduct.