'Presenting false or forged evidence' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 4
Cooperation with and assistence to Court in or outside South Africa

Part 2
Judicial assistance to court (ss 14-32)

18 Offences by witnesses

(2) Any person who, after having been sworn or having made an affirmation as contemplated in section 16 (3), gives false evidence before a magistrate knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalty which a competent South African court of law may impose for perjury.

Chapter 5
Miscellaneous (ss 33-40)

37 Offences against administration of justice in terms of Statute

(1) Any person who-

(a) in the Republic; or

(b) outside the territory of the Republic and who-

(i) is a South African citizen;

(ii) is not a South African citizen but who is ordinarily resident in the Republic;

(iii) after the commission of the offence, is present in the territory of the Republic; and

(c) during his or her interaction, in any matter whatsoever, with the Court, in respect of any matter over which the Court has jurisdiction and whether or not the Court is functioning in the Republic or not, intentionally

(ii) presents evidence that he or she knows is false or forged;

is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment.

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:
(b) Presenting evidence that the party knows is false or forged