'Offences against administration of justice' in document 'Papua New Guinea - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

5. CONTEMPT OF COURT.

(1) Subject to Subsection (2), this Act or the Code does not affect the authority of any court of record to punish a person summarily for the offence commonly known as “Contempt of Court”.

(2) A person shall not be punished under Subsection (1) and under the Code for the same act or omission.

SCHEDULE 1 – THE CRIMINAL CODE.

PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.

Division 5. – Offences Relating to the Administration of Justice.

119. JUDICIAL CORRUPTION.

(1) In this section, “holder of a judicial office” includes an arbitrator or umpire.

(2) A person who–

(a) being the holder of a judicial office, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of any thing done or omitted to be done, or to be done or omitted to be done, by him in his judicial capacity ; or
(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for any person holding a judicial office, or to, on, or for any other person, any property or benefit on account of any such act or omission on the part of a person holding the judicial office,
is guilty of a crime.

Penalty : Subject to Subsection (3), imprisonment for a term not exceeding 14 years, and a fine at the discretion of the court.

(3) In the case of an offence committed by or with respect to an arbitrator or umpire the longest term of imprisonment that may be imposed for an offence against Subsection (2) is seven years.

(4) A person who commits an offence against Subsection (2) shall not be arrested without warrant for the offence.

(5) A prosecution for an offence against Subsection (2)(a) cannot be begun except by the direction of the Public Prosecutor.

SCHEDULE 1 – THE CRIMINAL CODE.

PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.

Division 5. – Offences Relating to the Administration of Justice.

121. PERJURY.

(1) A person who in any judicial proceeding, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony concerning any matter that is material to any question then depending in the proceedings or intended to be raised in the proceedings, is guilty of the crime of perjury.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding 14 years.

(2) If an offence against Subsection (1) was committed in order to procure the conviction of another person for a crime punishable with death or with imprisonment for life, the offender is, subject to Section 19, liable to imprisonment for life.

(3) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law.

(4) 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.

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

(6) It is immaterial whether or not–

(a) the court or tribunal is properly constituted, or is held in the proper place, if it actually acts as a court or tribunal in the proceedings in which the testimony is given ; or
(b) the person who gives the testimony is a competent witness ; or
(c) the testimony is admissible in the proceeding.

(7) A person shall not be arrested without warrant for an offence against Subsection (1).

(8) A person cannot be convicted of committing perjury or of counselling or procuring the commission of perjury on the uncorroborated testimony of one witness.

SCHEDULE 1 – THE CRIMINAL CODE.

PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.

Division 5. – Offences Relating to the Administration of Justice.

122. FABRICATING EVIDENCE.

(1) A person who, with intent to mislead a tribunal in any judicial proceedings–

(a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury ; or
(b) knowingly makes use of such fabricated evidence,
is guilty of a crime.

Penalty : Imprisonment for a term not exceeding seven years.

(2) A person shall not be arrested without warrant for an offence against Subsection (1).

SCHEDULE 1 – THE CRIMINAL CODE.

PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.

Division 5. – Offences Relating to the Administration of Justice.

123. CORRUPTION OF WITNESSES.

(1) A person who–

(a) gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit to, on, or for any person, on an agreement or understanding that any person called or to be called as a witness in any judicial proceedings will give false testimony or withhold true testimony ; or
(b) attempts by any other means to induce a person called or to be called as a witness in any judicial proceedings to give false testimony or to withhold true testimony ; or
(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on an agreement or understanding that any person will as a witness in any judicial proceeding give false testimony or withhold true testimony, is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.

(2) A person shall not be arrested without warrant for an offence against Subsection (1).

124. DECEIVING WITNESSES.

A person who–

(a) practises any fraud or deceit ; or
(b) 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 proceedings with intent to affect the testimony of the person as a witness, is guilty of a misdemeanour.

Penalty : Imprisonment for a term not exceeding three years.

125. DESTROYING EVIDENCE.

A person who, knowing that any book, document or other thing is or may be required in evidence in any judicial proceedings, wilfully destroys it or renders it illegible, undecipherable or incapable of identification, with intent to prevent it from being used in evidence, is guilty of a misdemeanour.

Penalty : Imprisonment for a term not exceeding three years.

126. PREVENTING WITNESSES FROM ATTENDING.

A person who wilfully prevents, or attempts to prevent, a person who has been duly summoned to attend as a witness before any court or tribunal–

(a) from attending as a witness ; or
(b) from producing anything in evidence under the subpoena or summons, is guilty of a misdemeanour.

Penalty : Imprisonment for a term not exceeding one year.

SCHEDULE 1 – THE CRIMINAL CODE.

PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.

Division 5. – Offences Relating to the Administration of Justice.

136. ATTEMPTING TO PERVERT JUSTICE.

A person who attempts, in any way not specially defined in this Code, to obstruct, prevent, pervert or defeat the course of justice is guilty of a misdemeanour.

Penalty: Imprisonment for a term not exceeding two years.

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.