'Impeding, intimidating or corruptly influencing an official of the Court' in document 'New Zealand - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Offences against administration of justice

15.
Corruption of Judge—

(1)Every Judge is liable on conviction on indictment to imprisonment for a term not exceeding 14 years who, in New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—

(a)done or omitted by that Judge in his or her judicial capacity; or

(b)to be done or to be omitted by that Judge in his or her judicial capacity.


(2)Every Judge, the Registrar, and the Deputy Registrar is liable on conviction on indictment to imprisonment for a term not exceeding 7 years if, in New Zealand or elsewhere, that Judge, Registrar, or Deputy Registrar corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—

(a)done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies); or

(b)to be done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies).


(3)In this section and in sections 16 and 21,—

"Deputy Registrar'' means the Deputy Registrar of the ICC

"Judge'' means a Judge of the ICC

"Registrar'' means the Registrar of the ICC.


(4)In this section and in sections 16 and 17, ``bribe'' has the same meaning as it has in section 99 of the Crimes Act 1961.

Cf 1961 No 43 s 100


16.
Bribery of Judge, etc—

(1)Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in his or her judicial capacity.


(2)Every person is liable on conviction on indictment to imprisonment for a term not exceeding 5 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar in respect of an act or omission by that Judge, Registrar, or Deputy Registrar in his or her official capacity (other than an act or omission to which subsection (1) applies).

Cf 1961 No 43 s 101


17.
Corruption and bribery of official of ICC—

(1)Every official of the ICC is liable to imprisonment on conviction on indictment for a term not exceeding 7 years who, in New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—
(a)done or omitted by that officer in his or her official capacity; or

(b)to be done or omitted by that officer in his or her official capacity.


(2)Every person is liable on conviction on indictment to imprisonment for a term not exceeding 3 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in his or her official capacity.

(3)In this section and in section 21, an ``official of the ICC'' means a person employed under article 44 of the Statute.

Cf 1961 No 43 s 105

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Offences against administration of justice

21.
Interference with witnesses or officials—

Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere,—

(a)dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or

(b)makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—

(i)done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or

(ii)to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or

(c)intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute.

Cf 1961 No 43 s 117

RELEVANT ROME STATUTE PROVISIONS

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties