'Giving false testimony' in document 'Papua New Guinea - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

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