'Giving false testimony' in document 'Fiji - Crimes decree 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER III — CRIMINAL OFFENCES

PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Division 1 — Corruption and the Abuse of Office

Sub-Division f — Perjury And False Statements And Declarations

Perjury

176.— (1) Any person lawfully sworn as a witness in a judicial proceeding who wilfully makes a statement material in that proceeding which he or she knows to be false or does not believe to be true commits an indictable offence (which is triable summarily) termed perjury.

Penalty — Imprisonment for 7 years.

(2) Any person lawfully sworn as an interpreter, who wilfully in the course of his or her duties as an interpreter—

(a) makes any misstatement ; or
(b) actively or by omission misinterprets any statement (whether or not that statement is material in any judicial proceeding)—
commits the offence of perjury.

Penalty — Imprisonment for 7 years.

(3) Where a statement made for the purpose of a judicial proceeding is not made before the court or tribunal itself, but is made on oath before a person authorised by law to administer an oath to the person who makes the statement and to record or authenticate the statement it shall, for the purposes of this section, be treated as having been made in a judicial proceeding.

(4) The question whether a statement on which perjury is assigned was material is a question of law to be determined by the court of trial.

CHAPTER III — CRIMINAL OFFENCES

PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Division 1 — Corruption and the Abuse of Office

Sub-Division g — Other Offences Relating to the Aministration of Justice

Conspiracy to defeat justice and interference with witnesses

190. A person commits a summary offence if he or she —

(a) conspires with any other person to knowingly and maliciously accuse any person falsely of any crime ; or
(b) conspires to do anything to obstruct, prevent, pervert or defeat the course of justice ; or
(c) 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 appearing and giving evidence, or endeavours to do so ; or
(d) obstructs or in any way interferes with or knowingly prevents the execution of any legal process (civil or criminal) ;
(e) in any way obstructs, prevents, perverts or defeats, or attempts to obstruct, prevent, pervert or defeat, the course of justice.

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