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Part One. Article 23 215Rolling text (A/AC.254/4/Rev.8)Eighth session: 21 February-3 March 2000“Article 17 bis“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:6“(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 7 in relation to the commissionof offences covered by this Convention; 8“(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.”Notes by the Secretariat2. At its eighth session, the Ad Hoc Committee considered, finalized and approvedarticle 17 bis, as amended. The last amendments are reflected in the final text of the convention,as included in the report of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution,annex I), that was submitted to the General Assembly for adoption pursuant toresolution 54/126 of 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 23Criminalization of obstruction of justiceEach State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences, when committed intentionally:(a) The use of physical force, threats or intimidation or the promise, offeringor giving of an undue advantage to induce false testimony or to interfere inthe giving of testimony or the production of evidence in a proceeding in relationto the commission of offences covered by this Convention;(b) The use of physical force, threats or intimidation to interfere with theexercise of official duties by a justice or law enforcement official in relation tothe commission of offences covered by this Convention. Nothing in this subparagraphshall prejudice the right of States Parties to have legislation that protectsother categories of public officials.6At its eighth session, the Ad Hoc Committee provisionally approved article 17 bis and decided that the question ofwhether to include, at the end of this paragraph, the words “and involving an organized criminal group” would remain underreview, pending the consideration of article 2 of the convention (see also A/AC.254/28, para. 12).7The term “proceeding” is intended to cover all official governmental proceedings, which may include the pre-trialstage of a case (see the interpretative notes concerning this article below).8It was not intended to cover cases where a person had the right not to give evidence and an undue advantage wasprovided for the exercise of that right (see the interpretative notes in section C below).