'Offences against administration of justice' in document 'Sudan-The Criminal Act 1991'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part XI
Offence Prejudicing the Administration Of justice

False testimony and fabricating false evidence
104.(1)Whoever gives false testimony, by making false statements which he knows to be false, or conceals during giving testimony all, or part of what he knows of the facts of the case in a manner which influences judgement thereof, or fabricates, or produces false evidence, knowing it to be false, intending thereby to influence judgement in the case, shall be punished, with imprisonment, for a term, not exceeding five years, or with fine, or with both.

(2) If as a result of giving false testimony, or fabricated false evidence, the judgement was executed on the person against whom such testimony was made, the offender shall be punished with the specified penalty of the offence of which the judgement was executed.

(3) Fabricating false evidence includes preparing a document which includes false statements, or contrary to the truth, or signing the same, or finding circumstances, or conditions contrary thereto.


Using evidence known to be false
105. Whoever gives, or fabricates evidence based or created on false testimony as genuine evidence, while knowing the truth thereof, shall be punished in the same manner, as if he gave false evidence in the fabricated false evidence.


Damage or concealment of evidence
106. Whoever conceals, or damage any document, or any material evidence, with the intention or preventing the same from being produced, or used as evidence before a court, or in any legal proceeding before a public servant, shall be punished, with imprisonment, for a term, not exceeding three years, or with fine, or with both.


Screening or harboring offenders
107.(1) Whoever knowing that an offence has been committed, causes any evidence of the commission of the offence to disappear, or gives any information respecting the offence which he knows to be incorrect, or harbors, or conceals any person whom he knows to be the offender, with the intention of screening such person from legal punishment, or prevents his arrest, shall be punished, with imprisonment, for a term, not exceeding one year, or with fine, or with both, and where the penalty prescribed for the said offence is death, or imprisonment for a term of ten years, or more, he shall be punished, with imprisonment, for a term, not exceeding five years, or with fine, or with both.

(2) The provisions set out in sub-section (1) shall not apply to any of the spouses, or the parents, or the sons and daughters, in case of screening or harboring each other .


Accepting gratification to screen an offender from punishment
108.(1) Whoever accepts, or gives another any property, or gratification in consideration for concealing an offence, or protecting any person, from legal responsibility, for any offence, or from inflicting the penalty thereon, shall be punished , with imprisonment, for a term, not exceeding three years, or with fine, or with both.

(2)The provisions of sub-section (1) shall not apply to persons, who may pardon, or reconcile offences, with the exception of those punishable with retribution (qisas), or blood money (dia).


Resisting lawful arrest or rescuing the arrested
109. Whoever offers any resistance, or illegal obstruction to the lawful arrest of any person, or intentionally rescues, or attempts to rescue any person from any confinement, or custody in which that person is lawfully detained, shall be punished, with imprisonment, for a term, not exceeding seven years, or with fine, or with both.


Resistance or obstructing by a person to his lawful arrest or escape
110.(1) Whoever, intentionally offers resistance, or illegal obstruction to the lawful arrest of himself, shall be punished, with imprisonment, for a term, not exceeding one year, or with fine, or with both.

(2) Whoever escapes or attempts to escape, from the custody in which that person is lawfully detained, shall be punished, with imprisonment, for a term, not exceeding two years, or with fine, or with both.


Fraudulent dealing with property to prevent the attachment or the execution thereof
111. Whoever:

(a) dishonestly removes, or conceals property, or interest therein, or releases, or disposes of the same, with the intention to prevent the attachment of such property, or interest, or taking the same in execution of a judgement, or order issued, or which he knows that it is likely to be issued from a court, or other competent public authority ;

(b) accepts, or receives, or claims any property or interest therein, knowing that he has no right therein, with the intention of preventing the said attachment, or execution of such property, or interest therein, shall be punished, with imprisonment, for a term, not exceeding one year, or with fine, or with both.


Suits for the protection of creditor or depriving debtors
112. Whoever:

(a) Causes, or suffers a decree, or order to be passed in a false suit, by a person for property, or interest therein, intending thereby to deprive his creditors from satisfying their rights in such property by legal means; or

(b) receives a decree, or order, or execution against any person in a false suit in property, or interest in property, intending thereby to protect the debtor, or to deprive the creditors of satisfying their rights in such property, by legal means, shall be punished, with imprisonment, for a term, not exceeding one year, or with fine, or with both.


Personating others
113. Whoever personates another, and thereby makes any admission, or statement, or causes any legal process to be taken, or becomes surety, or guarantor, or does any other act in any civil or criminal action, shall be punished, with imprisonment, for a term, not exceeding three years, or with fine, or with both.


False accusation
114. Whoever, with intent to cause injury to any person, institutes, or causes to be instituted any criminal proceedings, against that person, or falsely accuses any person with having committed an offence, knowing that there is no reasonable, or lawful ground for such proceedings, or accusation, shall be punished, with imprisonment, for a term, not exceeding three years, or with fine, or with both.


Influencing course of justice
115.(1) Whoever intentionally does any act which tends to influence the fairness of judicial proceedings, or any legal proceedings relating thereto, shall be punished, with imprisonment, for a term, not exceeding three months, or with fine, or with both.

(2) Every person who, having public authority entices, or threatens, or tortures any witness, or accused, or opponent to give, or refrain from giving any information in any action, shall be punished, with imprisonment, for a term, not exceeding three months, or with fine, or with both.


Insult to public servant exercising judicial proceedings
116. Whoever intentionally directs any insults to any public servant, while such public servant is exercising judicial proceedings, shall be punished, with imprisonment, for a term, not exceeding three months, or with fine, or with both.

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.