'National penalties - offences against the administration of justice' 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

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


18.
False evidence—

(1)Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in New Zealand as evidence on oath, would be perjury, gives false evidence.

(2)A person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, gives false evidence.

(3)Despite subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than 3 years' imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

Cf 1961 No 43 s 109


19.
Fabricating evidence before ICC—

Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.

Cf 1961 No 43 s 113


20.
Conspiracy to defeat justice in ICC—

Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.

Cf 1961 No 43 s 116


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