CRIMINAL OFFENSE OF PREVENTING EVIDENCE

Abstract

Prescribing the criminal offense of preventing evidence in Art. 306 of the Criminal Code aims to deter potential perpetrators from actions to prevent evidence or to punish them for preventing and complicating evidence in court and other proceedings because such actions make it difficult and slow to make a correct and timely decision. This criminal offense takes three forms. The first form punishes every person who, according to a presumed witness, witness or expert in any official procedure, uses force, threat or other forms of coercion, or offers, promises or gives a gift or any other benefit, in order to induce him to give false testimony or to prevent or complicate proving. The second form is done by hiding, damaging, or destroying an object or document used to prove or falsify evidence in a proceeding at a competent authority or to present a forgery as evidence in the proceeding. This form of offense can only be committed in a court proceeding and not before the proceeding has commenced. The third form is made by whoever removes, destroys, moves a boundary stone, surveyor's mark, or other property sign or falsely places such a sign. This act can be committed by any person. The law states "with a purpose" for all three forms of crime, whereof it follows that the crime can be committed only with direct intent.

Keywords

• criminal offenses against the judiciary
• forgery of evidence
• false statement
• court proceeding
• prevention of evidence.