'Soliciting or accepting a bribe as an official of the Court' in document 'Canada: CAH and WC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
16.
When deemed to have obstructed justice
(2) Without restricting the generality of subsection (1), every person is deemed
wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing
or proposed proceeding of the International Criminal Court
(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt
consideration to abstain from giving evidence.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Bribery of judges and officials
18. Every person is guilty of an indictable offence and is liable to imprisonment for
a term of not more than 14 years who
(a) being a judge or an official of the International Criminal Court, corruptly
accepts, obtains, agrees to accept or attempts to obtain for themselves or any
other person any money, valuable consideration, office, place or employment
(i) in respect of anything done or omitted or to be done or omitted by them in
their official capacity, or
(ii) with intent to interfere in any other way with the administration of justice of
the International Criminal Court

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


16. When deemed to have obstructed justice

(2) Without restricting the generality of subsection (1), every person is deemed
wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing
or proposed proceeding of the International Criminal Court

(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt
consideration to abstain from giving evidence.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


18. Bribery of judges and officials

Every person is guilty of an indictable offence and is liable to imprisonment for
a term of not more than 14 years who

(a) being a judge or an official of the International Criminal Court, corruptly
accepts, obtains, agrees to accept or attempts to obtain for themselves or any
other person any money, valuable consideration, office, place or employment
(i) in respect of anything done or omitted or to be done or omitted by them in
their official capacity, or
(ii) with intent to interfere in any other way with the administration of justice of
the International Criminal Court;

Crimes Against Humanity and War Crimes Act 2000

(2) Without restricting the generality of subsection (1), every person is deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing or proposed proceeding of the International Criminal Court

(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.

Crimes Against Humanity and War Crimes Act 2000

18. Every person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years who

(a) being a judge or an official of the International Criminal Court, corruptly accepts, obtains, agrees to accept or attempts to obtain for themselves or any other person any money, valuable consideration, office, place or employment

(i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

(ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court; or

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:
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties

ANALYSIS

This provision is wider than the ICC Statute.

 

The CAHWCA 2000 provides that any individual who commits this offence in Canada may be imprisoned for up to 14 years, which is significantly longer than the 5 year penalty allowed under the Rome Statute.