Witness Immunity and Counsel — Between Two Risks
A witness in a criminal case faces a two-sided risk. On one side, through his own testimony he may himself become liable — Article 370 of the Criminal Code provides liability for supplying false information or giving false testimony. On the other, he may be subjected to unlawful influence — which the Code likewise regulates, in Article 372. Moving between these two articles is the space where witness consultation happens: exact knowledge of the boundaries set by law and the weighing of every step. This page explains both provisions so that a witness knows the true substance of witness immunity, not an imagined version.
Article 370 — the Witness's Own Liability
Article 370 governs liability for obstruction of justice expressed in the supply of false information or the giving of false testimony by an examined person, a witness or a victim, the giving of a false conclusion or testimony by an expert, an expert's deliberate or negligent failure to safeguard the object of expert examination, or an interpreter's deliberate wrong translation — during investigation or in court. Under the first part, this act is punishable by deprivation of liberty for a term of up to 4 years. The second part is harsher: the same act, committed for gain or other personal motive, is punishable by deprivation of liberty for a term of 2 to 6 years. Under the third part, the act of the first part, committed in a criminal case in which the accused is charged with a grave or especially grave crime, is punishable by deprivation of liberty for a term of 3 to 7 years. The fourth part covers the same act committed more than once — 4 to 8 years.
Article 372 — the First Form of Influence on a Witness
The first part of Article 372 protects the examined person, the witness, the victim, the expert and the interpreter from entreaty or persuasion — attempts to abuse their procedural role. It is an offence to address or persuade them to supply false information, to give false testimony, to give a false conclusion, to refuse to supply information or give testimony, to translate wrongly, or to change the information, testimony or conclusion supplied. For this act the perpetrator faces a fine, or community service for a term of 180 to 240 hours, or corrective labour for a term of up to 2 years, or deprivation of liberty for a term of 1 to 3 years. For a witness this norm matters: any attempt at pressure — even a soft, friendly one — is punishable.