'Giving false testimony' in document 'Tanzania - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
CRIMES

Division II. – Offences against the Administration of Lawful Authority.

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

102. Perjury and subornation of perjury.

(1) Any person who, in any judicial proceedings, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, commits an offence of perjury and It is immaterial —

(a) whether or not the testimony is given on oath ;
(b) that the person giving the testimony and bound to speak the truth assents to the forms and ceremonies actually used in administering the oath or in otherwise binding him ;
(c) whether the false testimony is given orally or in writing ;
(d) whether the court or tribunal is properly constituted or is held in the proper place or not if it actually acts as a court or tribunal in the proceeding in which the testimony is given ;
(e) whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceedings or not.

(2) Any person who, aids, abets, counsels, procures or suborns another person to commit perjury commits an offence of subornation of perjury.

103. False statements by interpreters.

Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, commits an offence of perjury.

104. Punishment for perjury.

A person who commits perjury or suborns perjury is liable to imprisonment for seven years.

105. Evidence on charge of perjury.

A court shall not convict A person of perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

PART II
CRIMES

Division II. – Offences against the Administration of Lawful Authority.

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

107. False swearing

Any person who swears falsely or makes a false affirmation or declaration before a person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if done in a judicial proceeding, would have amounted to perjury, commits an offence.

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