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214 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Rev.6)“Article 17 bis“Obstruction of justice“Each State Party shall adopt such legislative and other measures as may be necessaryto establish as criminal offences the following conduct, when committed intentionally[and involving an organized criminal group]:“(a) The use of physical force, threats, intimidation or the promise, offering orgiving of an undue advantage 2 to induce false testimony or to interfere in the givingof testimony or production of evidence in a proceeding in relation to the commissionof offences covered by this Convention;“(b) The use of physical force, threats or intimidation to interfere with the exerciseof official duties by a justice or law enforcement official in a proceeding in relationto the commission of offences covered by this Convention. Nothing in thissubparagraph shall prejudice the right of States Parties to have legislation that protectsother categories of public officials.” 3, 4Seventh session: 17-28 January 2000Rolling text (A/AC.254/4/Rev.7)“Article 17 bis 5“Criminalization of obstruction of justice“Each State Party shall adopt such legislative and other measures as may be necessaryto establish as criminal offences the following conduct, when committed intentionally[and involving an organized criminal group]:“(a) The use of physical force, threats, intimidation or the promise, offering orgiving of an undue advantage to induce false testimony or to interfere in the givingof testimony or the production of evidence in a proceeding in relation to the commissionof offences covered by this Convention;“(b) The use of physical force, threats or intimidation to interfere with the exerciseof official duties by a justice or law enforcement official in relation to the commissionof offences covered by this Convention. Nothing in this subparagraph shallprejudice the right of States Parties to have legislation that protects other categoriesof public officials.”2The formulation is intended to bring article 17 bis in line with article 4 ter.3At the sixth session of the Ad Hoc Committee, there were doubts as to whether it would be appropriate to establishan obligation to criminalize the attempt to commit the conduct described in subparagraphs (a) and (b). Some delegationspointed out that this would create difficulties at least with respect to subparagraph (b).4Germany proposed a new wording for article 17 bis to establish as a criminal offence “suborning or attempting tosuborn another person to give false (sworn or unsworn) testimony”. Germany also expressed doubts as to whether subparagraph(b) was really necessary since the behaviour foreseen in that subparagraph was probably an offence in any countryand therefore proposed that the provision should be deleted (A/AC.254/L.124).5The text of this article was provisionally approved during the informal consultations held during the seventh sessionof the Ad Hoc Committee and recommended by the Chairmen of the informal consultations as the basis for the considerationand approval of the article by the Ad Hoc Committee at its eighth session.