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CRIMINAL LAW OF THE SOCIALIST AUTONOMOUS ... - Eulex

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53(5) For the criminal act from Para 1 to 3 of this Article, the following persons shall not bepunished: the perpetrator’s spouse, the person with whom the perpetrator lives in common lawmarriage, his direct relative by blood, brother or sister, the adopter or the adoptee. If any of thepersons referred to in this paragraph is not to be punished for the criminal acts from Para 1 to 3 ofthis Article, his spouse or a person with whom he lives in a common law marriage shall not bepunished either for aiding a perpetrator of a criminal act from Para 1 to 3 of this Article.False reportingArticle 175(1) Whoever reports that a certain person had committed a criminal act for which theprosecution is undertaken ex officio, knowing that this person is not the perpetrator, shall bepunished with three months to three years of imprisonment.(2) Whoever, by planting evidence of a criminal act or in any other way causes theprosecution for the criminal act for which the prosecution is undertaken ex officio against aperson for whom he knows that he is not the perpetrator shall be punished with the same penalty.(3) Whoever reports himself as the perpetrator of a criminal act for which the prosecutionis undertaken ex officio although he had not committed it shall be fined or punished with up tothree months of imprisonment.(4) Whoever reports that a criminal act for which the prosecution is undertaken ex officiohas been committed although he knows that this act had not been committed shall be punishedwith the same penalty.Giving a false statementArticle 176(1) Every witness, expert, translator or interpreter who before the court or in minoroffense, disciplinary or administrative proceedings, gives a false statement shall be punished withup to three years of imprisonment.(2) The party who in the course of verifying evidence through hearing of parties in a lawsuit or administrative proceedings gives a false statement and the pronounced decision is basedon this statement, shall be punished with the same penalty.(3) If the false statement has been given in the course of criminal proceedings, theperpetrator shall be punished with three months to five years of imprisonment.(4) If the acts from Para 3 of this Article resulted in particularly serious consequences forthe accused, the perpetrator shall be punished with at least one year of imprisonment.(5) If the perpetrator withdraws his false statement voluntarily before a final decision ispronounced, he shall be fined or punished with up to three months of imprisonment but he mayalso be exempted from penalty.

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