'Offences against administration of justice' in document 'Kiribati - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART XI
PERJURY AND FALSE STATEMENTS AND DECLARATIONS

Perjury
96. (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 termed 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.

PART XI
PERJURY AND FALSE STATEMENTS AND DECLARATIONS

Aiders, abettors, suborners, etc.
102. (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 preceding sections shall be guilty of a misdemeanour.


Corroboration
103. 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 Ordinance 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.


Fabricating evidence
104. Any person who, with intent to mislead any tribunal in any judicial proceeding-

(a) fabricates evidence by any means other than perjury or subornation of perjury; or

(b) knowingly makes use of such fabricated evidence,

shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.


Inconsistent or contradictory statement
105. (1) Where 2 or more inconsistent or contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully made on oath by one and the same witness in any Judicial proceeding or proceedings, whether before the same court or tribunal or person or not, such witness shall be guilty of a misdemeanour, and shall be liable to imprisonment for 6 months.

(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of either of the inconsistent or contradictory statements, but, upon proof that both the statements were made by him, the court, if satisfied that the statements, or either of them, were or was made with intent to deceive the court, tribunal or person before whom the statements or either of them were or was made, shall convict the accused.

PART XII
OTHER OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE


Deceiving witnesses
108. Any person who practises 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, shall be guilty of a misdemeanour.


Destroying evidence
109. 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, shall be guilty of a misdemeanour.


Conspiracy to defeat justice and interference with witnesses
110. Any person commits a misdemeanour 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; or

(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.

PART XII
OTHER OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

Offences relating to judicial proceedings
115. (1) Any person who-

(a) within the premises in which any Judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or

(b) having been summoned by any court fails without good cause, the proof whereof shall lie on him, to appear on the date and at the time specified in the summons; or

(c) being present at a judicial proceeding and being called upon to give evidence, refuses to be sworn or to make an affirmation; or

(d) having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document which it is within his power to produce; or

(e) having attended a judicial proceeding to give evidence, remains in the room in which such proceeding is being had or taken after the witnesses have been ordered to leave such room; or

(f) causes an obstruction or disturbance in the course of a judicial proceeding; or

(g) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or

(h) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or

(i) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence; or

(j) dismisses a servant because he has given evidence on behalf of a certain party to a Judicial proceeding; or

(k) wrongfully retakes possession of land from any person who has recently obtained
possession by a writ of court; or

(l) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken,

shall be guilty of an offence, and shall be liable to imprisonment for 3 months.

(2) When an offence under paragraph (a), (b), (c), (d), (e), (f), (g) or (l) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising, of the court on the same day may take cognisance of the offence and sentence the offender to a fine of $40 or in default of payment to imprisonment for 1 month.

(3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court.

PART XIII
RESCUES AND ESCAPES AND OBSTRUCTING OFFICERS OF COURT

Removal etc., of property under lawful seizure
119. Any person who. when any property has been attached or taken under the process or authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of such property, shall be guilty of a felony, and shall be liable to imprisonment for 3 years.


Obstructing court officers
120. Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court shall be guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.

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.