OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Witness giving contradictory evidence
20. (1) Every person who, being a witness in a proceeding of the International
Criminal Court, gives evidence with respect to any matter of fact or knowledge and
who later, in a proceeding of that Court, gives evidence that is contrary to their
previous evidence, and who, in giving evidence in either proceeding, intends to
mislead, is guilty of an indictable offence and liable to imprisonment for a term of not
more than 14 years, whether or not the prior or later evidence is true.
Evidence in specific cases
(2) Evidence given under section 714.1, 714.2, 714.3 or 714.4 of the Criminal
Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement
given under an order made under section 22.2 of the Mutual Legal Assistance in
Criminal Matters Act, is deemed to be evidence given by a witness in a proceeding for
the purpose of subsection (1).
Meaning of "evidence"
(3) Despite the definition "evidence" in section 118 of the Criminal Code, for the
purpose of this section, "evidence" does not include evidence that is not material.
Proof of former trial
(4) If a person is charged with an offence under this section, a certificate that
specifies with reasonable particularity the proceeding in which the person is alleged to
have given the evidence in respect of which the offence is charged, is evidence that it
was given in a proceeding of the International Criminal Court, without proof of the
signature or official character of the person by whom the certificate purports to be
signed, if it purports to be signed by the Registrar of that Court or another official
having the custody of the record of that proceeding or by their lawful deputy.
Fabricating evidence
21. Every person who, with intent to mislead, fabricates anything with intent that it
be used as evidence in an existing or proposed proceeding of the International
Criminal Court, by any means other than perjury or incitement to perjury, is guilty of an
indictable offence and liable to imprisonment for a term of not more than 14 years.
Presenting false or forged evidence
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