Chương XXII Bộ Luật hình sự 1999: Các tội xâm phjam hoạt động tư pháp

Chapter XXII

CRIMES OF INFRINGING UPON JUDICIAL ACTIVITIES

Article 292.- Definition of crimes of infringing upon judicial activities

Crimes of infringing upon judicial activities are acts of infringing upon the legitimate activities of investigating, procuracy, adjudicating and judgment-executing agencies in the protection of the interests of the State, the legitimate rights and interests of organizations and/or citizens.

Article 293.- Examining innocent persons for penal liability

1. Those who have competence but examine for penal liability persons who they know to be innocent shall be sentenced to between one and five years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) The penal liability is examined for crimes of infringing upon the national security or other crimes being particularly serious crimes;

b) Causing serious consequences.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be banned from holding certain posts for one to five years.

Article 294.- Failing to examine for penal liability persons who are guilty

1. Those who have competence but fail to examine for penal liability persons who they know to be guilty, shall be sentenced to between six months and three years of imprisonment.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between two and seven years of imprisonment:

a) Failing to examine for penal liability persons who have committed crimes of infringing upon the national security or other crimes being particularly serious ones;

b) Causing serious consequences.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between five and twelve years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 295.- Handing down illegal judgements

1. Those judges or juries who hand down judgements which they clearly know to be illegal shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing serious consequences the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 296.- Making illegal decisions

1. Those who have competence in investigating, prosecuting, adjudicating and/or judgement-executing activities and issue decisions which they clearly know are illegal, causing damage to the interests of the State, the legitimate rights and interests of organizations and/or citizens, shall be sentenced to non-custodial reform for up to three years or between six months and three years of imprisonment.

2. Committing the crime and causing serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 297.- Coercing judicial personnel to act against laws

1. Those who abuse positions and/or powers to coerce judicial personnel to act against laws in investigating, prosecuting, adjudicating and/or judgement-executing activities, thus causing serious consequences, shall be sentenced to between six months and three years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between two years and seven years of imprisonment:

a) Using force, threatening to use force or using other dangerous and treacherous tricks;

b) Causing very serious or particularly serious consequences.

3. The offenders shall also be banned from holding certain posts for one to five years.

Article 298.- Applying corporal punishment

1. Those who apply corporal punishment in investigating, prosecuting, adjudicating and/or judgement-executing activities shall be sentenced to between six months and three years of imprisonment.

2. Committing the crime and causing serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between five years and twelve years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 299.- Forcing evidence or testimony

1. Those who, while conducting investigation, prosecution or trial, employ illegal tricks in order to force persons being questioned to give false evidence, causing serious consequences, shall be sentenced to between six months and three years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five years and ten years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 300.- Falsifying case dossiers

1. Any investigators, procurators, judges, juries, court clerks or other judicial personnel, advocates or defenders of interests of involved parties, who add, cut, amend, fraudulently exchange, destroy or damage documents and/or material evidence pertaining to cases, or employ other means with a view to falsifying the contents of dossiers on cases, shall be sentenced to between one and five years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Causing serious consequences.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders shall also be banned from holding certain posts and/or doing certain jobs for one to five years.

Article 301.- Neglecting responsibility resulting in escape of detainees

1. Those who directly control, guard or escort persons under custody or detention but neglect their responsibilities, resulting in the escape of detainees and causing serious consequences, shall be subject to non-custodial reform for up to two years or a prison term of between six months and three years.

2. Committing the crime of letting persons placed in custody or detention for serious, very serious or particularly serious offenses escape or cause very serious consequences, the offenders shall be sentenced to between two and seven years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 302.- Illegally releasing persons being held in custody or detention

1. Those who abuse their positions and powers or take advantage of powers to illegally release persons being held in custody or detention, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crime of illegally releasing persons being held in custody or detention for very serious or particularly serious offenses or causing very serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five years and ten years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 303.- Abusing positions and powers to detain persons in contravention of law

1. Those who abuse their positions and/or powers refusing to issue decisions or to abide by decisions on release of persons eligible therefor under the provisions of law, shall be sentenced to between six months and three years of imprisonment.

2. Committing the crime and causing serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between five years and ten years of imprisonment.

4. The offenders shall also be banned from holding certain posts for one to five years.

Article 304.- Failing to execute judgements

Those who deliberately refuse to execute the court�s judgements or decisions which have already taken legal effect, though necessary coercive measures have been applied, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

Article 305.- Failing to enforce judgements

1. Any competent person who deliberately refuses to issue decisions to enforce judgements or refuses to execute decisions to enforce the court’s judgements or decisions, causing serious consequences or who have already been disciplined for such acts but continue to commit them, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

Article 306.- Obstructing the enforcement of judgements

1. Those who abuse positions and powers, deliberately obstructing the enforcement of judgements, and/thus, cause serious consequences, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two years and five years of imprisonment:

a) In an organized manner;

b) Causing very serious or particularly serious consequences.

3. The offenders shall also be banned from holding certain posts for one to five years.

Article 307.- Making false declarations or supplying false documents

1. Any expert witnesses, interpreters and/or witnesses who make false conclusions, interpretation or declarations or supply documents which they clearly know are untrue, shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and three years of imprisonment:

a) In an organized manner;

b) Causing serious consequences.

3. Committing the crime and causing very serious or particular serious consequences, the offenders shall be sentenced to between three and seven years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 308.- Refusing to make declarations, refusing to make expert conclusions or refusing to supply documents

1. Those who refuse to make declarations in cases other than those stipulated in Clause 2, Article 22 of this Code, or shirk the duty to make declarations, expert conclusions or refuse to supply documents, without plausible reasons, shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

2. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 309.- Bribing or coercing other persons to make false declarations or to supply untrue documents

1. Those who bribe or coerce witnesses and/or victims to make false declarations and/or supply untrue documents, experts to make false conclusions and/or interpreters to make wrong interpretations, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Using force, threatening to use force of employing other dangerous tricks;

b) Abusing positions and/or powers.

Article 310.- Violating the sealing and/or inventory of property

1. Those who are assigned to keep inventoried or sealed property or sealed material evidence and commit one of the following acts shall be sentenced to between six months and three years of imprisonment:

a) Destroying seals;

b) Consuming, using, assigning, fraudulently exchanging, concealing or destroying inventoried property;

c) Causing serious consequences.

2. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 311.- Escaping from places of detention or custody or escaping whilst being escorted or on trial

1. Those who are being held in custody or detention, escorted or tried, and escape, shall be sentenced to between six months and five years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Using force against guards or escorters.

Article 312.- Rescuing persons being held in detention or custody, persons being escorted, persons being on trial

1. Those who rescue persons being held in detention or custody, being escorted or being tried in circumstances other than those stipulated in Article 90 of this Code, shall be sentenced to between two and seven years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:

a) In an organized manner;

b) Abusing positions and/ or powers;

c) Using force against guards or escorters;

d) Rescuing persons being convicted of infringement upon national security or persons sentenced to death;

e) Causing serious, very serious or particularly serious consequences.

3. The offenders may also be banned from holding certain posts for one to five years.

Article 313.- Concealing offenses

1. Those who, without prior promise, conceal one of the offenses defined in the following articles shall be sentenced to non-custodial reform for up to three years or between six months and five years of imprisonment:

- Articles from 78 to 91 on crimes of infringement upon national security;

- Article 93 (murder); Article 111, Clauses 2, 3 and 4 (rape); Article 112 (rape against children); Article 114 (forcible intercourse with children); Article 116, Clauses 2 and 3 (Obscenity against children); Article 119, Clause 2 (trafficking in women);

- Article 120 (trading in, fraudulently exchanging or appropriating children);

- Article 133 (robbery of property); Article 134 (kidnapping for the purpose of property appropriation); Article 138, Clauses 2, 3 and 4 (robbery and stealers of property); Article 139, Clauses 2, 3 and 4 (deception for appropriation of property); Article 140, Clauses 2, 3 and 4 (Abusing trust to appropriate property); Article 143, Clauses 2, 3 and 4 (destroying or intentionally damaging property);

- Article 153, Clause 3 and 4 (smuggling); Article 154, Clause 3 (Illegally transporting commodities and/or currency(ies) across borders); Article 155, Clauses 2 and 3 (producing, storing, transporting, trading banned goods); Article 156, Clauses 2 and 3 (producing and/or trading fake goods); Article 157 (producing and/or trading in fake goods being food, foodstuff, curative medicines, preventive medicine); Article 158, Clauses 2 and 3 (producing and/or trading in fake goods being animal feeds, fertilizers, veritenary drugs, plant protection drugs, plant varieties and animal breeds); Article 160, Clauses 2 and 3 (speculation); Article 165, Clauses 2 and 3 (deliberately acting against the State�s regulations on economic management, causing serious consequences); Article 166, Clauses 3 and 4 (setting up illegal funds); Article 179, Clauses 2 and 3 (breaching regulations on lending activities of credit institutions); Article 180 (making, storing, transporting, circulating counterfeit banknotes, cheques, bonds); Article 181 (making, storing, transporting, circulating counterfeit cheques and other valuable papers); Article 189, Clauses 2 and 3 (destroying forests);

- Article 193 (illegally producing narcotics); Article 194 (storing, transporting, illegally trading in or appropriating Article 195 (illegally storing, transporting, trading in or appropriating pre-substance used for illegal production of narcotics); Article 196, Clause 2 (producing, storing, transporting, trading in means and tools used in the illegal production or use of narcotics); Article 197 (organizing the illegal use of narcotics); Article 198 (harboring the illegal use of narcotics); Article 200 (coercing, dragging other persons into the illegal use of narcotics); Article 201, Clauses 2, 3 and 4 (breaching the regulations on management and use of addictive drugs or other narcotic substances);

- Article 206, Clauses 2, 3 and 4 (organizing illegal motor races); Article 221(hijacking airplanes, ships); Article 230 (illegally manufacturing, storing, transporting, using, trading in or appropriating military weapons and/or technical means); Article 231 (destroying important national security works and/or facilities); Article 232, Clauses 2, 3 and 4 (illegally manufacturing, storing, transporting, using, trading in or appropriating explosives); Article 236, Clauses 2, 3 and 4 (illegally producing, storing, transporting, using, trading in or appropriating radioactive elements); Article 238, Clauses 2, 3 and 4 (illegally producing, storing, transporting, using or trading in inflammables, toxins);

- Article 256, Clauses 2 and 3 (having paid sexual intercourse with juveniles);

- Article 278, Clauses 2, 3 and 4 (embezzlement of property); Article 279, Clauses 2, 3 and 4 (taking bribes); Article 280, Clauses 2, 3 and 4 (abusing positions and powers to appropriate property); Article 281, Clauses 2 and 3 (abusing positions and powers in the performance of official duties); Article 282, Clauses 2 and 3 (abusing powers while performing official duties); Article 283, Clauses 2, 3 and 4 (abusing positions and powers to influence other persons for personal profits); Article 284, Clauses 2, 3 and 4 (Forgery in work); Article 289, Clauses 2, 3 and 4 (offering bribes); Article 290, Clauses 2, 3 and 4 (acting as intermediary in bribery);

- Article 311, Clause 2 (escaping from places of detention or custody, or escaping whilst being escorted, adjudicated);

- Articles from 341 to 344 on crimes of undermining peace, against mankind and war crime.

2. If abusing positions and powers to obstruct the detection of crimes or committing other acts of concealing criminals, the offenders shall be sentenced to between two and seven years of imprisonment.

Article 314.- Failing to denounce crimes

1. Those who have full knowledge of one of the crimes defined in Article 313 of this Code, which is being prepared, is being or has been committed, but fail to denounce it, shall be subject to warning, non-custodial reform for up to three years or a prison term of between three months and three years.

2. If the offenders grand fathers, grand mothers, fathers, mothers, children, grandchildren, siblings, wives or husbands fail to denounce the former’s crimes of infringing upon the national security or other particularly serious offenses under the provisions of Clause 1, this Article, they shall bear penal liability therefor.

3. Persons who have failed to denounce offenses but acted to dissuade the offenders from committing the offenses or to limit the harms done thereby, may be exempt from penal liability or penalties.