'Giving false testimony' in document 'Tuvalu - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART X1 - PERJURY AND FALSE STATEMENTS AND DECLARATIONS

96 Perjury

(1) Any person lawfully sworn as a witness or as an interpreter in a judicial proceeding who wilfully makes a statement material in that proceeding which he knows to be false or does not believe to be true shall be guilty of the misdemeanour of perjury, and shall be liable to imprisonment for 7 years.

(2) Where a statement made for the purpose of a judicial proceeding is not made before the tribunal itself but is made on oath before a person authorised by law to administer an oath to the person who makes the statement and to record or authenticate the statement it shall, for the purposes of this section, be treated as having been made in a judicial proceeding.

(3) The question whether a statement on which perjury is assigned was material is a question of law to be determined by the court of trial.


97 False statements on oath made otherwise than in a judicial proceeding Any person who —
(a) being required or authorised by law to make any statement made otherwise on oath for any purpose and being lawfully sworn (otherwise than in a judicial proceeding) wilfully makes a statement which is material for that purpose and which he knows to be false or does not believe to be true; or
(b) wilfully uses any false affidavit,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.


98 False statements etc. with reference to marriage
Any person who —
(a) for the purpose of procuring a marriage or a certificate or licence for marriage knowingly and wilfully makes a false oath or makes or signs a false declaration, notice or certificate required under any Act for the time being in force relating to marriage; or
(b) knowingly and wilfully makes or knowingly and wilfully causes to be made for the purpose of being inserted in any register of marriage a false statement as to any particular required by law to be known and registered relating to any marriage; or
(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.


99 False statements, etc. as to births, or deaths
(1) Any person who —
(a) wilfully makes any false answer to any question put to him by any registrar of births or deaths relating to the particulars required to be registered concerning any birth or death or wilfully gives to any such registrar any false information concerning any birth or death or the cause of any death; or
(b) wilfully makes any false certificate or declaration under or for the purposes of any Act relating to the registration of births or deaths or knowing any such certificate or declaration to be false, uses the same as true or gives or sends the same as true to any person; or
(c) wilfully makes, gives or uses any false statement or declaration as to a child born alive as having been still-born or as to the body of a deceased person or a still-born child in any coffin or falsely pretends that any child born alive was still-born; or
(d) makes any false statement with intent to have the same inserted in any register of births or deaths,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.

(2) A prosecution under this section shall not be commenced more than 3 years after the commission of the offence.


100 False statutory declarations and other false statements without oath

(1) Any person who knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular and the statement is made —
(a) in a statutory declaration; or
(b) in an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return or other document which he is authorised or required to make, attest or verify by any Act for the time being in force; or
(c) in any oral declaration or oral answer which he is required to make by, under or in pursuance of any Act for the time being in force,
shall be guilty of a misdemeanour.

(2) For the purposes of this section “statutory declaration” means a declaration made by virtue of the Oaths and Statutory Declarations Act.'°


101 False declarations, etc., to obtain registration, etc., for carrying on a vocation
Any person who —
(a) procures or attempts to procure himself to be registered in any register or roll kept under or
in pursuance of any Act for the time being in force of persons qualified to practise any vocation or calling; or
(b) procures or attempts to procure a certificate of registration of any person on any such register or roll as aforesaid,
by wilfully making or producing or causing to be produced either verbally or in writing, any declaration, certificate or representation which he knows to be false or fraudulent, shall be guilty of a misdemeanour, and shall be liable to imprisonment for 12 months.


102 Aiders, abettors, suborners, etc.
(1) Every person who aids, abets, counsels, procures or suborns another person to commit an offence against any of the 6 preceding sections shall be liable to be proceeded against, tried and punished as if he were a principal offender.
(2) Every person who incites or attempts to procure or suborn another person to commit an offence against any of the 6 proceeding sections shall be guilty of a misdemeanour.


103 Corroboration
A person shall not be liable to be convicted of any offence against any of the 7 preceding sections or of any offence declared by any other Act to be perjury or subornation of perjury or to be punishable as perjury or subornation of perjury solely upon the evidence of 1 witness as to the falsity of any statement alleged to be false.

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