Elements Obstruction of Justice

There are three elements of actions that are subject to criminal penalties obstruction of justicenamely:

  1. The act causes a delay in the legal process (pending judicial proceedings)
  2. The perpetrator knows his actions or is aware of his actions (knowledge of pending proceedings)
  3. The perpetrator commits or attempts to commit deviant acts with the aim of disrupting or interfering with the legal process or administration (acting corruptly with intent).

In some jurisdictions in America, there is an additional requirement for sentencing obstruction of justice, namely that the perpetrator must be proven to have a motive, such as a motive to be free from charges, a motive to reduce their sentence, and others.

Criminal act Obstruction of Justice in the Investigation Process

Forms of Obstruction of Justice in the Investigation Process

  1. The suspect intentionally hides and/or destroys evidence before or after the investigation process begins.
  2. The suspect intentionally avoids the investigation process with the aim of delaying time. A third party intentionally helps commit and/or facilitates the escape process of a criminal suspect.
  3. Bribing law enforcement officials and/or government officials not to continue the legal process and close the case.

Form Obstruction of Justice in the Prosecution Process

  1. During the investigation process, the defendant lied and intentionally removed evidence, which hindered the pre-prosecution process because the police were considered to have insufficient evidence.
  2. Committing a criminal act that is fraught with efforts to thwart the transfer of case files to the Prosecutor's Office.