'Offences against administration of justice' in document 'Malawi - 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

101. Perjury and subornation of perjury

(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, shall be guilty of the misdemeanour termed perjury.

It is immaterial whether the testimony is given on oath or in any other manner authorized by
law.

The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.

It is immaterial whether the false testimony is given orally or in writing.

It is immaterial 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.

It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

(2) Any person who aids, abets, counsels, procures, or suborns another person to commit perjury shall be guilty of the misdemeanour termed subornation of perjury.

(3) In this section, the expression “judicial proceeding” includes a proceeding before any court, tribunal, or person having by law power to hear, receive and examine evidence on oath.

(4) When a statement made for the purposes of a judicial proceeding is, not made on oath before the tribunal itself, but is made before a person authorized by law to administer an oath to the person who makes the statement, and to record and authenticate the statement, or is made in any form and manner permitted by any written law, it shall for the purposes of this section be treated as having been made in a judicial proceeding.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

102. Perjury in written statement

This section shall apply in relation to the making by any person of a written statement tendered in evidence by virtue of section 175 of the Criminal Procedure and Evidence Code, as it applies in relation to the making of an oral statement by a person lawfully sworn as a witness.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

104. Punishment of perjury and subornation

Any person who commits perjury or suborns perjury shall be liable to imprisonment for seven
years.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

105. Fabricating evidence

Any person who, with intent to mislead any 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,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for seven years.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

106. False swearing

Any person who swears falsely or makes a false affirmation or declaration before any person authorized to administer an oath or take a declaration under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury shall be guilty of a misdemeanour.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

107. Deceiving witnesses

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, shall be guilty of a misdemeanour.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

108. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of a misdemeanour.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

109. Conspiracy to defeat justice and interference with witnesses
Any person who —

(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course 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 or criminal,
shall be guilty of an offence and shall be liable to imprisonment for five years.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

110. Compounding felonies

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, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, shall be guilty of a misdemeanour.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

113. Offences relating to judicial proceedings

(1) Any person who —

(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken ; or
(b) having been called upon to give evidence in a judicial proceeding, fails to attend, or having attended, refuses to be sworn or to make an affirmation or, having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room ; or
(c) causes an obstruction or disturbance in the course of a judicial proceeding ; or
(d) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken ; or
(e) publishes a report of the evidence taken hi any judicial proceeding which has been directed to be held in private ; or
(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connexion with such evidence ; or
(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or
(h) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court ; or
(i) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken,

shall be guilty of an offence and shall be liable to imprisonment for three years.

(2) When any offence against subsection (1) (a), (b), (c) or (i) is committed in view of the court, the court may cause the offender to be detained in custody and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine of £70 or in default of payment to imprisonment without hard labour for six months.

(3) This section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court.

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.