'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 'Botswana - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PENAL CODE OF BOTSWANA

PART II- Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

Offences relating to the Administration of Justice (ss 111-123)

118. Deceiving witnesses

Any person who practices any fraud or deceit, or 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 proceeding, with intent to affect the testimony of such person as a witness, is guilty of an offence.

PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

119. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an offence.

PENAL CODE OF BOTSWANA

PART II Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

120. Conspiracy to defeat justice and interference with witnesses Any person who-

(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice;

(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or

(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal, is guilty of an offence and is liable to imprisonment for a term not exceeding five 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