'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' 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.

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:
(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