'Giving false testimony' 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

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.

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