'Offences against administration of justice' in document 'Guyana - Criminal Law'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE

TITLE 21
Perjury and Similar Offences

325. Committing perjury or subornation in order to procure conviction for grave offence.

Everyone who commits wilful and corrupt perjury, or subornation of perjury, in order to procure the conviction of any person for any indictable offence punishable with death, or imprisonment, shall be guilty of felony and liable to imprisonment for life.

326. Committing perjury or subornation in other cases.

Everyone who commits wilful and corrupt perjury or subornation of perjury, in any case other than that mentioned in the last preceding section, shall be guilty of a misdemeanour and liable to imprisonment for seven years.

327. Inconsistent or contradictory statements on oath.

(1) Where two or more inconsistent or contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully made on oath by one and the same witness in any judicial proceeding or proceedings, whether before the same Court or tribunal or person or not, such witness shall be guilty of a misdemeanour and liable to fine and to imprisonment for two years.

(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of either of the inconsistent or contradictory statements, but, upon proof that both the statements were made by him, the jury, or the Court, as the case may be, if satisfied that the statements, or either of them, were or was made with intent to deceive the Court, tribunal, or person before whom the statements, or either of them were or was made, shall convict the defendant.

328. Taking false oath.

Everyone who, being required or authorised by law to make any statement, either upon oath or in any form permitted to be substituted for an oath, thereupon makes a statement which would amount to perjury if made in a judicial proceeding, shall, in any case not expressly provided for by any written law for the time being in force, be guilty of a misdemeanour and liable to imprisonment for two years.

329. Conspiracy to procure conviction of innocent person.

If anyone conspires with another to prosecute any person for an alleged offence knowing that person to be innocent thereof, the offender shall be guilty of felony and liable—

(a) to imprisonment for life if the person prosecuted, or intended to be prosecuted, in pursuance of the conspiracy might, on conviction for the alleged offence, be sentenced to death or imprisonment for life ;
(b) to imprisonment for fourteen years if the person prosecuted, or intended to be prosecuted, in pursuance of the conspiracy might, on conviction for the alleged offence, be sentenced to imprisonment for more than two years but not to imprisonment for life; for any term less than life ; and
(c) to imprisonment for seven years if the person prosecuted, or intended to be prosecuted, in pursuance of the conspiracy might, on conviction for the alleged offence, either on indictment or before a magistrate's court, be sentenced to imprisonment but not for a term exceeding two years.

PART IV
OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE

TITLE 21
Perjury and Similar Offences

330. Conspiracy to obstruct the course of justice.

Everyone who conspires with any person to obstruct, prevent, pervert, or defeat the course of justice shall be guilty of a misdemeanour and liable to imprisonment for two years.

PART IV
OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE

TITLE 21
Perjury and Similar Offences

331. Attempt to obstruct the course of justice.

Everyone who wilfully attempts in any way, though not otherwise criminal, to obstruct, prevent, pervert, or defeat the course of justice or the administration of the law, shall be guilty of a misdemeanour and liable to imprisonment for one year.

PART IV
OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE

TITLE 21
Perjury and Similar Offences

332. Corrupt interference with conduct of witness or juror.

Everyone who—

(a) dissuades or attempts to dissuade any person, by any threat, bribe, or other corrupt means, from giving evidence in any cause or matter, whether civil or criminal ; or
(b) influences or attempts to influence by any threat, bribe, or other corrupt means, any juror in his conduct as juror, whether he has been sworn as a juror or not ; or
(c) accepts any bribe or other corrupt consideration to abstain from giving evidence in any cause or matter, whether civil or criminal, or on account of his conduct as a juror,
shall be guilty of a misdemeanour and liable to imprisonment for two years.

PART IV
OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE

TITLE 22
Bribery and Corruption

334. Public servant taking a gratification other than legal remuneration in respect of an official act.

Everyone who, being or expecting to be a public servant, accepts, or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, whether pecuniary or otherwise, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person with the legislative or executive government of Guyana or with any public servant as a public servant, shall be guilty of a misdemeanour and liable to imprisonment for three years.

335. Taking a gratification in order, by corrupt or illegal means, to influence a public servant.

Everyone who accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, whether pecuniary or otherwise, as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or, in the exercise of his official functions, to show favour or disfavour to any person or to render or attempt to render any service or disservice to any person with the National Assembly, or the executive government of Guyana, or with any public servant, as a public servant, shall be guilty of a misdemeanour and liable to imprisonment for three years.

336. Taking a gratification for the exercise of personal influence with public servant.

Everyone who accepts, or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, whether pecuniary or otherwise, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or, in the exercise of his official functions to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the National Assembly, or the executive government of Guyana, or with any public servant, as a public servant, shall be guilty of a misdemeanour and liable to imprisonment for one year.

337. Punishment for abetment by public servant of the offences above defined.

Every person who, being a public servant in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be guilty of a misdemeanour and liable to imprisonment for three years.

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:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(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;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.