'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 'Yemen - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Book TWO
The Special Section

Chapter Five
Violations of the Judicial Process

Section One
Obstructing in the Judicial Process

Attempts to Influence Witnesses
Article (181):
Anyone who uses force, threats, offers a gratuity or benefit of any kind, or promises to deliver the same thereof in return for withholding testimony or to give false testimony, while not able to achieve the aim thereof, he shall be punishable by imprisonment for a maximum of a year or a fine. This is applicable to the experts or translators who are called in to testify as well.


Withholding Testimony
Article (182):
Any witness who refuses to attend a court or investigative authority after being summoned to do so, or who refuses to provide the information or to withhold the oath without providing justification thereof with an acceptable excuse he shall be punishable by a maximum fine of YR Five Thousand. The court may pardon him from the punishment if he attends after the second summons and alters his refusal to testify prior to the end of the Court's session.


Misleading Justice
Article (183):
Anyone who carries out the following shall be punished for a maximum of two years:
1. Anyone who intentionally seeks to mislead the court through changes in the conditions of individuals, places or objects related to a crime.
2. Whoever knowingly hides evidence related to the crime or around the crime, or which are used in carrying out the crime
3. Whoever hides a corpse of a person that died due to an accident or buried it without informing the concerned authorities prior to the search or investigation thereof.


Destruction of a Document that could be Used As Evidence in Court.
Article (184):
Anyone who intentionally destroys a document or bill which is referred to when settling differences that could arise, or was useful for the use as evidence in any judicial proceedings. Such will be considered as being destroyed if it has become impossible to read the contents thereof that will have a bearing accordingly shall be punishable by imprisonment for a maximum of a year or a fine.
The perpetrator thereof shall be pardoned if the evidence was to be used against him and he confessed thereof to the truth proven against him accordingly.

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