'Offences against administration of justice' in document 'Indonesia - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER XVI
EXAMINATION IN A COURT SESSION

Part Three
Normal Trial Procedure

Article 174

(1) If the information given by a witness during a court session is suspected to be false, the judge/chairman of the session shall seriously warn him/her to state the truth and that he/she is liable to a punishment if he/she continues to give false information.

(2) If the witness sticks to his/her statement, the judge/chairman of the session because of his function or at the request of the public prosecutor or the defendant can order the detention of the witness to be further prosecuted on the charge of perjury.

(3) In such a case the clerk of the court shall immediately prepare a record on the result of the examination during the session which shall contain the statement by the witness and mention the reason -for the presumption that the testimony of ’the witness is false, which record shall be signed by the judge/chairman of the session and the clerk and handed over immediately to the public prosecutor for settlement according to the provisions of this law.

(4) If necessary the judge/chairman of the session shall postpone the session dealing with the original case until the examination of the criminal case involving the witness has been completed.

CHAPTER XVI
EXAMINATION IN A COURT SESSION

Part Three
Normal Trial Procedure

Article 176

(1) If a defendant behaves improperly so as to disturb order during the session, the judge/chairman of the session shall admonish him/her and if the admonition is not heeded, he shall order that the defendant be taken out of the session room, after which the examination of the case shall be continued without the presence of the defendant.

(2) In case a defendant behaves continuously in an improper manner so as to disturb the order of the session, the judge/chairman shall endeavour and see to it that a verdict can still be passed with the defendant present.

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;
(b) Presenting evidence that the party knows is false or forged;
(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;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.