Obstruction of justice 

Legal definiton 

Section 347a of the Criminal Code:

(1) Whoever, for the purpose of initiating proceedings before a court, an international judicial body, or in criminal proceedings, or during such proceedings, submits material or documentary evidence of significant importance to the decision, knowing that it is forged or altered, with the intent for it to be used as genuine, or forges or alters such evidence with the intent for it to be used as genuine, shall be punished by imprisonment of up to two years.

(2) Whoever, directly or through another, provides, offers, or promises a benefit to someone or on behalf of someone for the purpose of committing the criminal offense of false accusation (Section 345), false testimony and false expert opinion (Section 346), or false interpretation (Section 347), shall be punished by imprisonment of up to three years.

(3) The perpetrator shall be punished by imprisonment for one to five years if:

a) the act referred to in paragraph 1 or 2 is committed with the intent to obtain a benefit for themselves or another;

b) such an act is committed as an official;

c) such an act is committed with the intent to seriously harm another in their employment, disrupt their family relationships, or cause them another serious harm; or

d) such an act is committed against another person who was fulfilling a duty arising from their employment, profession, position, or function, or imposed upon them by law. 

(4) The perpetrator shall be punished by imprisonment for two to eight years if:

a) the act referred to in paragraph 1 or 2 is committed as a member of an organized group;

b) such an act causes significant damage; or

c) such an act results in substantial gain for themselves or another. 

(5) The perpetrator shall be punished by imprisonment for three to ten years if:

a) the act referred to in paragraph 1 or 2 causes large-scale damage; or

b) such an act results in a large-scale gain for themselves or another.

Subjective aspect - intent

Obstruction of justice is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant: 

• Before which authority was the evidence presented?
• Who presented the evidence?
  
• From whom and under what circumstances was the evidence obtained?
  
• How significant was the testimony for the proceedings?
• What did the perpetrator know about the proceedings and the evidence relevant to them?
• What was the perpetrator's intention?
• How was the evidence forged or altered?
• What was the relationship between the perpetrator and the aggrieved party?
  
• Are there any circumstances excluding unlawfulness present?
  
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?