'Offences against administration of justice' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 5
Additional Mutual Assistance

ยง 63
Commencement of a German Criminal Proceeding
(relating to Article 70 para. 4 of the Rome Statute)

If the Court requests the commencement of a criminal proceeding pursuant to Article 70 para. 4(b) of the Rome Statute against a person suspected of an offense set forth in Article 70 para. 1 of the Rome Statute, the Court shall be informed as soon as possible of the activities undertaken based upon the request. Upon completion of the proceedings, it shall be sent a copy or a certified copy of the final decision. Remaining objects and files shall be returned, provided that the Court so requests.

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.

ANALYSIS

This provision follows the ICC Statute.