'National penalties - offences against the 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

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.

PART XI
PERJURY AND FALSE STATEMENTS AND DECLARATIONS


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.

PART XI
PERJURY AND FALSE STATEMENTS AND DECLARATIONS

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.

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.

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.