PART V
PARTIES TO THE COMMISSION OF OFFENCES

37. Accessory after the fact -

An accessory after the fact to an offence is a person who, knowing or believing any person to have been a party to an offence:

(a) harbours or otherwise assists that person; or
(b) tampers or otherwise interferes directly or indirectly with any evidence against him or her, for the purpose of enabling that person to avoid arrest or conviction or escape from arrest.

PART XI
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

133. Judicial corruption-

(1) A judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by the judicial officer in his or her judicial capacity.

(2) A judicial officer, and every Registrar or Deputy Registrar of any court, is liable to imprisonment for a term not exceeding seven (7) years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his official capacity, not being an act or omission to which subsection (1) applies.


134. Bribery of judicial officer, etc-

(1) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by a judicial officer in his or her judicial capacity.

(2) Anyone is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any court in respect of any act or omission by him or her in his official capacity, not being an act, or omission to which subsection (1) applies.


135. Corruption and bribery of a Minister of the Government of Samoa-

(1) A Minister, Associate Minister or Chief Executive Officer of the Government of Samoa is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a Minister, Associate Minister or Chief Executive Officer.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister, Associate Minister or Chief Executive Officer of the Government of Samoa in respect of any act or omission by him or her in his or her capacity as a Minister, Associate Minister or Chief Executive Officer.

(3) No person shall be prosecuted for an offence against this section without the consent of the Attorney-General of Samoa. Notice of the intention to apply for such consent shall be given to the person whom it is intended to prosecute, and he or she shall have an opportunity of being heard against the application.


136. Corruption and bribery of member of Parliament-

(1) A Member of Parliament is liable to imprisonment for a term not exceeding seven (7) years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a member of Parliament.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Member of Parliament in respect of any act or omission by him or her in his or her capacity as a Member of Parliament.

(3) No person shall be prosecuted for an offence against this section without the consent of the Attorney-General of Samoa. Notice of the intention to apply for such consent shall be given to the person whom it is intended to prosecute, and the person shall have an opportunity of being heard against the application.


137. Corruption and bribery of law enforcement officer-

(1) A law enforcement officer is liable to imprisonment for a term not exceeding seven (7) years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his official capacity.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any law enforcement officer in respect of any act or omission by the law enforcement officer in his or her official capacity.


138. Corruption and bribery of official-

(1) An official is liable to imprisonment for a term not exceeding seven (7) years who, whether within Samoa or another country, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by the official in his or her official capacity.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by the official in his or her official capacity.


139. Perjury-

(1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of witness’s evidence upon oath or affirmation, whether such evidence is given in open court or by affidavit or otherwise, such assertion being known to the witness to be false.

(2) A proceeding is judicial within the meaning of this section which is held before any Court, or before any judicial officer or other person having power to take evidence on oath or affirmation.

(3) A person who commits perjury is liable to imprisonment for a term not exceeding five (5) years.


140. Fabricating evidence -

A person is liable to imprisonment for a term not exceeding three (3) years who, with intent to mislead any Court of Justice or any judicial officer in the exercise of his or her functions as such, fabricates evidence by any means other than perjury.


141. Conspiring to defeat justice -

A person is liable to imprisonment for a term not exceeding three (3) years who conspires or attempts to obstruct, prevent, pervert, or defeat the course of justice in any cause or matter, civil or criminal.


142. Breaking prison -

A person is liable to imprisonment for a term not exceeding five (5) years who by force or violence breaks any prison with intent to set at liberty himself, herself or any other person detained therein.


143. Escape-

(1) Anyone is liable to imprisonment for a term not exceeding two (2) years who, being in lawful custody, whether in a prison or another place escapes from it.

(2) In this section and section 144 “lawful custody” means the detention of a person by due process of law, whether the person be under arrest, police or gaol escort, serving a term of imprisonment or otherwise; custody under an irregular warrant or other irregular process shall be deemed to be lawful.


144. Rescue -

A person is liable to imprisonment for a term not exceeding two (2) years who rescues any person from lawful custody, whether in a prison or another place, or who assists any person to escape from such custody, or who aids, harbours, conceals, or shelters any person who has escaped from such custody, knowing that person to have so escaped.


145. Threatening words or behaviour to member of parliament or officer -

A person is liable to imprisonment for a term not exceeding six (6) months or to a fine not exceeding 500 penalty units who uses any threatening, abusive or insulting words or behaviour towards or in respect of any member of parliament or any officer or employee of the Government, while he or she is performing any official duty or exercising any official power.

PART XIX
MISCELLANEOUS PROVISIONS

222. Contempt of Court-

(1) If any person:

(a) assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the court, or any assessor, or any witness, during his or her sitting or attendance in court, or in going to or returning from the court; or
(b) wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or
(c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings,

any constable or officer of the court, with or without the assistance of any other person, may, by order of the Judge, take the offender into custody and detain the person until the rising of the court.

(2) In any such case as aforesaid, the Judge, if he or she thinks fit, may sentence the offender to imprisonment for any period not exceeding three (3) months, or sentence him or her to pay a fine not exceeding 10 penalty units for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding three (3) months, unless the fine is sooner paid.

(3) Nothing in this section shall limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

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.