'Offences against administration of justice' in document 'Cyprus - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

110. (1) Any person who in any judicial proceeding 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, is guilty of the misdemeanour termed perjury.

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

113. (1) Any person who —

(a) being a witness at the trial on information of a person for any offence, on his examination as such witness, wilfully makes any statement tending to prove the guilt or innocence of the accused, inconsistent with or contradictory to what he has stated on his examination as a witness concerning the same matter before the District Court ; or

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

116. Any person who, with intent to mislead ally tribunal in any judicial proceeding—

(a) fabricates evidence by any means other than perjury or subornation of perjury ; or

(b) knowingly makes use of such fabricated evidence, is guilty of a misdemeanour, and is liable to imprisonment for seven years.

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

118. Any person who gives or offers or promises to give any witness or to any person about to be called as a witness in any judicial proceeding any gratification upon any understanding or agreement that the testimony of that witness or person shall be thereby influenced, or who attempts by any means whatsoever to induce any witness to give false evidence or to withhold true testimony, is guilty of a misdemeanour and is liable to imprisonment for three years. Inducing witnesses to give false or to with-hold true testimony.

119. Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

121. Any person commits a misdemeanour who--

(a) conspires with any other person to accuse any justice and person falsely of any crime or to do anything to obstruct, prevent, pervert or defeat the course witnesses. of justice ; or

(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence or endeavours to do so ; or

(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil of criminal.

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

122. Any person who does any act —

(a) calculated, or which is likely, to deter any person from acting in any judicial capacity or in any manner as counsel, witness or party in any judicial proceedings ;

(b) calculated, or which is likely, to obstruct, or in any way interfere with, any judicial proceedings, is guilty of a misdemeanour and is liable to imprisonment for three years.

CRIMINAL CODE OF CYPRUS

PART III – Offences Against the Administration of Lawful Authority

Offences relating to the administration of Justice.

123. Any person who asks, receives or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony which is not lawfully compoundable, or will abstain from, discontinue or delay a prosecution, for such a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.

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.