ICC-01/05-01/13-977-AnxA 01-06-2015 1/61 EK T

Public Annex A Intent Requirement for Contempt in Domestic Legislations

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Table of Contents ICC Implementing Legislations ...... 6

Introduction ...... 6 Canada ...... 6 Relevant articles ...... 6 Reference ...... 8 Ireland ...... 8 Relevant Articles ...... 8 Reference ...... 9 Netherlands...... 9 Relevant articles ...... 10 Reference ...... 10 Samoa ...... 11 Relevant Articles ...... 11 Reference ...... 12 Trinidad and Tobago ...... 12 Relevant Articles ...... 12 Reference ...... 13 UK (Scotland) ...... 13 Relevant Articles ...... 13 Reference ...... 14 Domestic Criminal Law ...... 15

Bangladesh ...... 15 Relevant articles ...... 15 Reference ...... 15 Belize ...... 15 Relevant articles ...... 15 Reference ...... 16 Bosnia and Herzegovina ...... 16 Relevant articles ...... 16 Reference ...... 17 Botswana ...... 17 Relevant articles ...... 17 Reference ...... 18 China ...... 18 Relevant articles ...... 18 Reference ...... 19

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Cook Islands ...... 20 Relevant articles ...... 20 Reference ...... 21 Croatia ...... 21 Relevant articles ...... 21 Reference ...... 22 Estonia ...... 22 Relevant articles ...... 22 Reference ...... 22 Fiji ...... 23 Relevant articles ...... 23 Reference ...... 23 France ...... 24 Relevant articles ...... 24 Reference ...... 25 Ghana ...... 25 Relevant articles ...... 25 Reference ...... 26 Grenada ...... 26 Relevant articles ...... 26 Reference ...... 27 Guyana ...... 27 Relevant articles ...... 27 Reference ...... 27 Iceland...... 27 Relevant Articles ...... 27 Reference ...... 28 Indonesia ...... 28 Relevant Articles ...... 28 Reference ...... 30 Japan ...... 30 Relevant Articles ...... 30 Reference ...... 30 Kazakhstan ...... 31 Relevant Articles ...... 31 Reference ...... 32 Kyrgyzstan ...... 32 Relevant Articles ...... 32

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Reference ...... 35 Lithuania ...... 35 Relevant Articles ...... 35 Reference ...... 37 Marshall Islands ...... 37 Relevant Articles ...... 37 Reference ...... 38 Montenegro ...... 38 Relevant articles ...... 38 Reference ...... 39 Nigeria ...... 39 Relevant articles ...... 39 Reference ...... 39 Papua New Guinea ...... 40 Relevant articles ...... 40 Reference ...... 40 Russian Federation...... 41 Relevant articles ...... 41 Reference ...... 44 Saint-Lucia ...... 44 Relevant articles ...... 44 Reference ...... 45 Serbia...... 46 Relevant articles ...... 46 Reference ...... 47 Singapore ...... 47 Relevant articles ...... 47 Reference ...... 48 Slovakia ...... 48 Relevant articles ...... 48 Reference ...... 49 Slovenia ...... 49 Relevant articles ...... 49 Reference ...... 50 Solomon Islands ...... 50 Relevant articles ...... 50 Reference ...... 51 Sudan ...... 51

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Relevant articles ...... 51 Reference ...... 52 Tuvalu ...... 52 Relevant articles ...... 52 Reference ...... 53 United States ...... 53 Relevant articles ...... 53 Reference ...... 59 Zambia ...... 59 Relevant articles ...... 59 Reference ...... 59 Zimbabwe ...... 59 Relevant articles ...... 59 Reference ...... 61

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ICC Implementing Legislations

Introduction According to Article 70(4) of the Rome Statute, State Parties shall penalise Article 70 offences under domestic law. The legislations containing definitions of the offences against administration of justice in this section are enacted in furtherance to Article 70. They provide a useful indicator of the understanding of the State Parties concerning the definition of the offences.

Canada

Relevant articles Crimes Against Humanity and War Crimes Act (2000)

16. (1) Every person who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice of the International Criminal Court is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

(2) Without restricting the generality of subsection (1), every person is deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing or proposed proceeding of the International Criminal Court

(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or

(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.

17. Every person who resists or wilfully obstructs an official of the International Criminal Court in the execution of their duty or any person lawfully acting in aid of such an official

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) is guilty of an offence punishable on summary conviction.

18. Every person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years who

(a) being a judge or an official of the International Criminal Court, corruptly accepts, obtains, agrees to accept or attempts to obtain for themselves or any other person any money, valuable consideration, office, place or employment

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(i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

(ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court; or

(b) gives or offers, corruptly, to a judge or an official of the International Criminal Court, any money, valuable consideration, office, place or employment

(i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

(ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court.

19. (1) Subject to subsection (5), every person commits perjury who, with intent to mislead, makes a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, before a judge of the International Criminal Court or an official of that Court who is authorized by the Court to permit statements to be made before them.

(2) Subject to subsection (5), every person who gives evidence under subsection 46(2) of the, Canada Evidence Act, or gives evidence or a statement under an order made under section 22.2 of the, Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

(3) [penalty]

(4) Subsection (1) applies whether or not a statement is made in a judicial proceeding of the International Criminal Court.

(5) Subsections (1) and (2) do not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.

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.

(2) [types of “evidence” within the meaning of this article…]

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(3) [“evidence” in this article does not include evidence that is not material…]

(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.

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.

Reference Crimes Against Humanity and War Crimes Act (2000) (Canada), http://iccdb.webfactional.com/documents/implementations/pdf/Canada_- _CAH_and_War_crimes_Act_amend_2001.pdf

Case law

“Second, it must be determined whether the offence of obstructing justice, the parameters of which are well established, has been committed. To sum up, the actus reus of the offence will be established only if the act tended to defeat or obstruct the course of justice (R. v. May (1984), 13 C.C.C. (3d) 257 (Ont. C.A.), per Martin J.A.; see also R. v. Hearn (1989), 48 C.C.C. (3d) 376 (Nfld. C.A.), per Goodridge C.J.N., aff'd [1989] 2 S.C.R. 1180 (S.C.C.)). With respect to mens rea, it is not in dispute that this is a specific intent offence (R. v. Charbonneau (1992), 13 C.R. (4th) 191 (Que. C.A.)). The prosecution must prove beyond a reasonable doubt that the accused did in fact intend to act in a way tending to obstruct, pervert or defeat the course of justice. A simple error of judgment will not be enough. An accused who acted in good faith, but whose conduct cannot be characterized as a legitimate exercise of the discretion, has not committed the criminal offence of obstructing justice.” R. c. Beaudry, 2007 SCC 5, 2007 CarswellQue 235 (para. 52).

Ireland

Relevant Articles Ireland ICC Act - 2006

Part 2 Domestic Jurisdiction in ICC Offences

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Section 11.—

(1) It shall be an offence for a person to do intentionally any of the acts mentioned in paragraph 1 of Article 70 (offences against the administration of justice) in relation to proceedings—

(a) before the International Criminal Court, or

(b) before a court for an ICC offence, and for the purposes of the proceedings mentioned in paragraph (b) references to the International Criminal Court in paragraph 1 and the first sentence of paragraph 2 of that Article shall be construed as references to a court.

(2) (a) A person convicted of an offence under subsection (1) (b) is liable—

(i) on summary conviction, to a fine not exceeding \3,000 or imprisonment for a term not exceeding 12 months or both, or (ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(b) Subject to paragraph (a) (i), the amount of any fine to be imposed shall be determined having regard to the Rules of Procedure and Evidence.

(3) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an offence under this section except by or with the consent of the Director of Public Prosecutions.

Reference

International Criminal Court Act (2006) (Ireland), http://iccdb.webfactional.com/documents/implementations/pdf/International_Criminal_Cou rt_Act_2006_Ireland.pdf

Netherlands According to Art 5(1)(a), the Dutch Criminal Code is applicable to, inter alia, offences provided in Art 70(1) of the Rome Statute. The domestic definition of these offences is provided in Art 207(a), according to which, perjury must be an intentional ("opzettelijk") offence.

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Relevant articles International Criminal Court Implementation Act 2002 CHAPTER 1. GENERAL PROVISIONS

Section 10 In so far as not provided otherwise in this Act, it shall also apply to a request of the ICC for cooperation or enforcement in respect of an offence against the administration of justice of the ICC as referred to in article 70, paragraph 1 of the Statute.

Dutch Criminal Code (Wetboek van Strafrecht)

Titel I. Omvang van de werking van de strafwet

Artikel 5

1. De Nederlandse strafwet is toepasselijk op de Nederlander die zich buiten Nederland schuldig maakt:

1°. aan een der misdrijven omschreven in de Titels I en II van het Tweede Boek, en in de artikelen 192a, 192b, 192c, 197a, 197b, 197c, 206, 237,272 en 273 alsmede – voor zover het betreft een misdrijf, gericht tegen de rechtspleging van het Internationaal Strafhof, als bedoeld in artikel 70, eerste lid, van het op 17 juli 1998 te Rome tot stand gekomen Statuut van Rome inzake het Internationale Strafhof (Trb. 2000, 120) – in de artikelen 177, 177a, 178, 179, 180, 189, 200, 207a, 285a en 361;

[...]

Titel IX. Meineed

Artikel 207

1. Hij die in de gevallen waarin een wettelijk voorschrift een verklaring onder ede vordert of daaraan rechtsgevolgen verbindt, mondeling of schriftelijk, persoonlijk of door een bijzonder daartoe gemachtigde, opzettelijk een valse verklaring onder ede aflegt, wordt gestraft met gevangenisstraf van ten hoogste zes jaren of geldboete van de vierde categorie.

[…]

Reference International Criminal Court Implementation Act 2002 http://iccdb.webfactional.com/documents/implementations/pdf/Netherlands_ICC_Impleme ntation_Act_2002.pdf

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Dutch Criminal Code (Wetboek van Strafrecht), http://iccdb.webfactional.com/documents/implementations/pdf/Netherlands- _Penal_Code_Dutch_2013.pdf

Samoa

Relevant Articles ICC Act 2007, No. 26

20. False evidence -

(1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Samoa as evidence on oath, would constitute perjury, shall be deemed to have given false evidence.

(2) Every person, who in Samoa or elsewhere, gives false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 2 years.

21. Fabricating evidence before ICC -

Every person who, in Samoa or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than by the giving of false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

23. Interference with witnesses or officials -

Every person who, in Samoa or elsewhere –

(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or

(b) makes threats or uses force against any Judge, the Registrar, or a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC with intent to influence or punish that person, in respect of an act –

(i) done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or

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(ii) to be done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or

(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.

Reference International Criminal Court Act 2007, No.26 (Samoa), http://iccdb.webfactional.com/documents/implementations/pdf/Samoa_ICC_Act_2007.pdf

Trinidad and Tobago

Relevant Articles The ICC Act (2006)

18. (1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Trinidad and Tobago as evidence on oath, would be perjury, gives false evidence.

(2) A person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, gives false evidence as defined in subsection (1).

(3) Notwithstanding subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than three years imprisonment, the punishment may be imprisonment for a term not exceeding fourteen years.

19. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.

20. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.

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21. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere—

(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC;

(b) makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—

(i) done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or

(ii) to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his official capacity; or

(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute

Reference The International Criminal Court Act 2006 (Trinidad and Tobago), http://iccdb.webfactional.com/documents/implementations/pdf/Trinidad___Tobago_The_Int ernational_Criminal_Court_Act_2006.pdf

UK (Scotland)

Relevant Articles The International Criminal Court (SCOTLAND) Act 2001

PART 1 OFFENCES

4. Offences in relation to the ICC

(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice) may be dealt with as for the corresponding offence under the law of Scotland committed in relation to the High Court of Justiciary or the Court of Session .

(2) The corresponding offences under the law of Scotland are —

in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence under section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) or at common law ;

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in relation to article 70.1(b) to (e) (other offences), an offence at common law ; and

in relation to article 70.1(f) (soliciting or accepting a bribe as an official of the ICC), an offence under section 1 of the Prevention of Corruption Act 1906 (c.34) or at common law.

(3) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding offences under the law of Scotland apply to acts committed —

in Scotland; or outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

(4) If an offence under this section, or an offence ancillary to such an offence, is committed outwith the United Kingdom proceedings may be taken in any place in Scotland; and the offence may for incidental purposes be treated as having been committed in that place.

(5) The relevant provisions of article 70.1 are set out in schedule 2 to this Act.

Reference The International Criminal Court (SCOTLAND) ACT 2001, http://iccdb.webfactional.com/documents/implementations/pdf/UK_- _ICC_Scotland_Act_2001_amend_2002.pdf

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Domestic Criminal Law

Domestic Criminal Law

Bangladesh

Relevant articles THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER XI - OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

193. Whoever intentionally gives false evidence in any stage of judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by any law for the time being in force, shall be punished with 70 [imprisonment] for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment herein before described.

Reference The Penal Code, 1860 (Bangladesh), http://iccdb.webfactional.com/documents/implementations/pdf/Bangladesh-Penal_Code.pdf

Belize

Relevant articles CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

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Domestic Criminal Law

250. Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for a crime punishable with death, shall be liable to imprisonment for life.

251. Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for any crime not capital, shall be liable to imprisonment for fourteen years or for any greater term to which such person would, on conviction of that crime, be liable.

254. Every person who fabricates false evidence, with intent to defeat, obstruct or pervert, the course of justice in any proceeding, shall be liable to the same penalties as if he had committed perjury in that proceeding.

258. Every person who unlawfully, with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, removes, conceals, injures or alters, any instrument or document used or intended to be used in any judicial proceeding, shall be liable to imprisonment for two years.

260. Every person who with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, endeavours to deceive any court or judicial officer by personation, or by any false instrument, document, seal or signature, shall be liable to imprisonment for two years.

262. Every person who in any manner wilfully causes any person to disobey any summons, subpoena or order, for his attendance as a witness in any proceeding, or for the production by him of any written or other evidence in any judicial proceeding, is guilty of a misdemeanour.

263. Every person who with intent to defeat, obstruct or pervert the course of justice at the trial of any person for any crime, in any manner causes any person to refrain from giving evidence at such trial is guilty of a misdemeanour.

Reference Criminal Code (Belize), http://iccdb.webfactional.com/documents/implementations/pdf/BelizeCriminalCode.pdf

Bosnia and Herzegovina

Relevant articles CRIMINAL CODE OF BOSNIA AND HERZEGOVINA

GENERAL PART XX

CHAPTER TWENTY - CRIMINAL OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Giving False Statements - Article 235

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Domestic Criminal Law

(1) A witness, expert witness, translator or interpreter who makes a false statement in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina, shall be punished by a fine or imprisonment for a term not exceeding three years.

(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whoever gives false testimony in presentation of evidence by hearing a party in a civil action or administrative proceedings before the institutions of Bosnia and Herzegovina, if the decision is based on such testimony.

(3) If the false statement has been made in the course of criminal procedure, the perpetrator shall be punished by imprisonment for a term between six months and five years.

(4) [enhanced punishment in case of particularly grave consequences]

(5) [release of punishment in case of withdrawal of false statement]

Tampering With Evidence - Article 236

(1) Whoever makes a witness or a court witness give a false testimony in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina by use of threat or any other form of force or promise of a gift or some other benefit, shall be punished by imprisonment for a term between six months and five years.

(2) Whoever, with the aim of preventing or hampering the collection of evidence in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina, conceals, destroys, damages or renders unserviceable, someone else's object or documents that may be used as evidence, shall be punished by a fine or imprisonment for a term not exceeding three years.

Reference Criminal Code of Bosnia and Herzegovina, http://iccdb.webfactional.com/documents/implementations/pdf/Bosnia_and_Herzegovina- Criminal_Code_of_BHConsolidated_text_8_10.pdf

Botswana

Relevant articles PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

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Domestic Criminal Law

Offences relating to the Administration of Justice (ss 111-123)

113. Punishment of perjury and subornation

Any person who commits perjury or suborns perjury is liable to imprisonment for a term not exceeding seven years.

116. Fabricating evidence

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, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.

Reference Penal Code (Botswana), http://iccdb.webfactional.com/documents/implementations/pdf/Botswana-Penal_Code.pdf

China

Relevant articles Criminal Code

PART II Special Provisions

Chapter VI Crimes of Disrupting the Order of Social Administration

Section 2. Crimes of Disrupting Justice

Article 305 (Perjury).

During the course of criminal procedures, any witness, expert witness, recorder, translator who purposely makes false testimony, makes expert evaluation, records, translates with an intention to frame others or conceal criminal evidence in the circumstances which have an important bearing on a case is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the circumstances are severe, to not less than three years and not more than seven years of fixed-term imprisonment.

Article 306 (Destroy or fabricate evidence, or impede witnesses by defence lawyers or legal attorney)

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Domestic Criminal Law

During the course of criminal procedure, any defender, law agent destroys, falsifies evidence, assist parties concerned in destroying, falsifying evidence, threatening, luring witnesses to contravene facts, change their testimony or make false testimony is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the circumstances are severe, to not less than three years and not more than seven years of fixed-term imprisonment.

If witnesses, testimonies, or other evidences provided, shown, used by a defender, law agent are not true but are not falsified purposely, they do not fall into the category of falsifying evidences.

Article 307. (Impeding witnesses; Assisting in the destroying or fabricating of evidence)

Whoever stops with violence, threat, bribe, and other methods a witness to testify or instigates others to make false testimony is to be sentenced to not more than three years of fixed term imprisonment or criminal detention; when the circumstances are severe, to not less than three years but not more than seven years of fixed-term imprisonment.

Whoever assists the parties concerned in destroying or falsifying evidences is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention if the circumstances are severe.

Any judicial personnel committing the crimes as stated in the previous two paragraphs is to be severely punished.

Article 308.(Retaliation against witness)

Whoever resorts to persecution and retaliation against a witness is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the circumstances are severe, to not less than three years and not more than seven years of fixed- term imprisonment.

Reference Articles 305-308, Criminal Law of the People’s Republic of China, http://iccdb.webfactional.com/documents/implementations/pdf/China-Criminal_code.pdf.

NB: The crime of assisting requires intent: see below

AUTHORITATIVE TEXTBOOK:

Quotes:

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Domestic Criminal Law

“For this crime [of assisting in destroying or fabricating evidence], the mental element required is direct intent, as well as the intended purpose of facilitating someone else’s escape of prosecution and punishment. If one fabricated the evidence with the intent to have someone else to be criminally prosecuted, it may constitute the crime of framing, but not this crime. When assisting others fabricating evidence, it also requires the understanding/knowledge that the fabricated evidence will be presented to the judicial officials as genuine evidence.

If the perpetrator destroyed or fabricated the evidence without the knowledge, when being deceived, or due to negligence, then he shall not be guilty for this crime.” [draft translation prepared by the Defence]

Reference: ZHOU Guangquan, “Xingfa Gelun Jiangyi” (Lecture Notes of Special Provisions of Criminal Law), Tsinghua University Press (2003, Beijing), pages 422-423.

CASE LAW:

The appellant Jun Liu was found guilty in assisting the fabrication of evidence and was sentenced to 18 months imprisonment by the People’s Court of Yuexiu District, Guangzhou. In his appeal, Liu asked the Intermediate Court of Guangzhou to find him not guilty and to declare that “(1) the impugned judgment erred in fact. The appellant Jun Liu did not know the contract of loan was forged, and there was no evidence to prove that the statement regarding the venue of loan was fabricated by Liu; (2) the impugned judgement erred in reasoning. The Duanzhou Court did not use the statement of the venue loan as evidence. […] (3) the appellant Jun Liu did not have criminal intent.” (drafted translation)

“Regarding the argument of lack of intent put forward by the appellant Jun Liu and his lawyer, the Court rejects such argument and finds the appellant’s intent to fabricate evidence is obvious in the fact that being a legal professional himself, Liu issued the statement regarding the venue of loan in name of an attorney but without the explicit authorization of or declaration of will by the client, and forged the signature of the attorney.” (drafted translation, emphasis added)

In the first item of deposition, the Intermediate Court of Guangzhou upheld the conviction of the appellant Jun Liu for the crime of assisting in the fabrication of evidence.

Reference:

Li Jing deng Fanghai Zuozheng, Liu Jun Bangzhu Weizao Zhengju An (Case of LI Jing and others impeding evidence and LIU Jun assisting in fabricating of evidence), Intermediate People’s Court of Guangzhou, (2007) Guangzhou Intermediate Court Criminal Chamber No.1 Final Judgment Criminal Case No. 245 [(2007) Sui Zhongfa Xingyi Zhongzi Xingshi Di 245 Hao], 6 November 2007.

Cook Islands

Relevant articles COOK ISLANDS - CRIMES ACT 1969

PART VI - CRIMES AFFECTING TEE ADMINISTRATION OF LAW AND JUSTICE

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120. Punishment of perjury

(1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term-not exceeding seven years who Commit perjury.

(2) [aggravating punishment]

122. False statements or declarations

Every one is liable to imprisonment for a term not exceeding three years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

124. Fabricating evidence

Every one is liable to imprisonment for a term not exceeding seven years who, with intent to mislead any tribunal holding any judicial proceeding to which section 119 of this Act applies, fabricates evidence by any means other than perjury.

128 Corrupting juries and witnesses

Every one is liable to imprisonment for a term not exceeding seven years who-

(a) Dissuades or attempts to dissuade any person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter, civil or criminal; or

(b) [influences juryman or assessor]

(c) [accepts bribe as a juryman or assessor]

(d) Wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice.

Reference Crimes Act 1969 (Cook Islands), http://iccdb.webfactional.com/documents/implementations/pdf/Crimes_Act_1969.pdf

Croatia

Relevant articles CROATIA CRIMINAL CODE

SPECIAL PART

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CHAPTER TWENTY-TWO (xxii) CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 304

(1) Whoever, in proceedings before the court, International Criminal Tribunal, in administrative proceedings, proceedings before a notary public or disciplinary proceedings, uses force, threat or any other kind of coercion, or promises, offers or gives a gift or any other benefit to a witness or expert witness, with an aim to induce the giving of false testimony or to prevent or hamper the presentation of evidence,

Reference Criminal Code (Croatia), http://iccdb.webfactional.com/documents/implementations/pdf/Croatie- Crimimal_Code_updated_2008.pdf

Estonia

Relevant articles The Penal Code

Part 2 SPECIAL PART

Chapter 18. OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2. Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 320. False testimony and perjury

(1) A victim or witness who gives knowingly false testimony in a criminal or misdemeanour proceeding or civil or administrative court proceeding, or a party to a proceeding who gives knowingly false statements under oath or provides a knowingly incorrect inventory of assets or calculation of income or expenditure under oath shall be punished by a pecuniary punishment or up to 3 years’ imprisonment.

[ - entry into force 01.09.2011]

(2) The same act, if it involves fraudulent creation of evidence, is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

Reference The Penal Code (Estonia), http://iccdb.webfactional.com/documents/implementations/pdf/Estonia_- _Penal_Code_amend_2013.pdf

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Fiji

Relevant articles Crimes Decree 2009 (decree No. 44 of 2009)

CHAPTER III — CRIMINAL OFFENCES

PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Division 1 — Corruption and the Abuse of Office

Sub-Division f — Perjury And False Statements And Declarations

176 Perjury

(1) Any person lawfully sworn as a witness in a judicial proceeding who wilfully makes a statement material in that proceeding which he or she knows to be false or does not believe to be true commits an indictable offence (which is triable summarily) termed perjury.

(2) Any person lawfully sworn as an interpreter, who wilfully in the course of his or her duties as an interpreter—

(a) makes any misstatement ; or

(b) actively or by omission misinterprets any statement (whether or not that statement is material in any judicial proceeding)— commits the offence of perjury.

[…]

184. Fabricating evidence

A person commits a summary offence if he or she, 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.

Reference Crimes Decree 2009 (decree No. 44 of 2009) (Fiji), http://iccdb.webfactional.com/documents/implementations/pdf/Crimes_decree_2009.pdf

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France

Relevant articles Code Penal

BOOK IV FELONIES AND MISDEMEANOURS AGAINST THE NATION, THE STATE AND THE PUBLIC PEACE

TITLE III VIOLATION OF THE AUTHORITY OF THE STATE

CHAPTER IV PERVERTING THE COURSE OF JUSTICE

Section II – Obstructing the course of Justice

ARTICLE 434-13

(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

False testimony made under oath before any court of law or before a judicial police officer acting in the exercise of a rogatory commission is punished by five years' imprisonment and a fine of €75,000.

However, the false witness is exempt from penalty where he retracts his testimony spontaneously before the decision terminating the procedure has been made by the judicial investigating authority or the court of trial.

ARTICLE 434-14

(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

False testimony is punished by seven years' imprisonment and a fine of €100,000 :

1° where it is procured by the handing over of a gift or a reward ;

2° where the person against whom or in favour of whom the false testimony was committed is liable to a penalty applicable to a felony.

ARTICLE 434-15

(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

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The use of promises, offers, presents, pressures, threats, acts of violence, manoeuvres or tricks in the course of proceedings or in respect of a claim or defence in court to persuade others to make or deliver a statement, declaration or false affidavit, or to abstain from making a statement, declaration or affidavit, is punished by three years' imprisonment and a fine of €45,000, even where the subornation of perjury was ineffective.

The French Cour de Cassation requires an element of intent when applying Article 434-13 and Article 434-15 of the penal code. See the 2012 Annual Report from the Court of Cassation and its jurisprudence on this matter.

Reference Code Penal (France), http://iccdb.webfactional.com/documents/implementations/pdf/France_Penal_Code.pdf

The 2012 Annual Report, page 299 - 300 https://www.courdecassation.fr/IMG/pdf/rapport_ccassation_2012.pdf

Cour de Cassation, criminelle, Chambre Criminelle, 12 Mai 2015, 13-83.694. Inédit.

Link:http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURI TEXT000030599702&fastReqId=775870595&fastPos=1

Cour de Cassation, criminelle, Chambre Criminelle, 7 Novembre 2012, 11-88.299. Inedit

Link :http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURI TEXT000026740400&fastReqId=508275765&fastPos=2

Ghana

Relevant articles Criminal Code, 1960 (Act 29)

PART III—OFFENCES AGAINST RIGHTS OF PROPERTY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Perjury and Similar Offences

Section 210 — Perjury.

(1) Whoever commits perjury shall be guilty of second degree felony.

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(2) Whoever commits perjury with intent to cause the conviction of any person for any crime punishable with death, shall be guilty of first degree felony.

CHAPTER 2—FORGERY

Section 158 — Forgery of Judicial or Official Document.

Whoever, with intent to deceive any person, forges any judicial or official document, shall be guilty of second degree felony.

Reference Criminal Code, 1960 (Act 29) (Ghana), http://iccdb.webfactional.com/documents/implementations/pdf/Ghana-Criminal_Code.pdf

Grenada

Relevant articles Criminal Code

BOOK III INDICTABLE OFFENCES

PART IX OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

TITLE XXVI PERJURY AND OBSTRUCTIONS OF PUBLIC JUSTICE

PERJURY AND SIMILAR OFFENCES

359. Whoever commits perjury shall be liable to imprisonment for ten years.

360. Whoever commits perjury with intent to cause the conviction of any person for any crime punishable with death, shall be liable to imprisonment for fifteen years.

361. Whoever fabricates evidence, with intent to defeat, obstruct or pervert the course of justice in any proceeding, shall be liable to the same penalties as if he had committed perjury in that proceeding.

362. Whoever intentionally and unlawfully falsifies, destroys, injures, removes or conceals any public register of marriages, births, baptisms, deaths or burials, or any other public register or record, or any will or any document of title to land, with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, shall be liable to imprisonment for ten years.

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Reference Criminal Code (Grenada), http://iccdb.webfactional.com/documents/implementations/pdf/Grenada- Criminal_Code.pdf

Guyana

Relevant articles Criminal Law (Offences) Act

PART IV OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE

TITLE 21 Perjury and Similar Offences

325. Committing perjury or subornation in order to procure conviction for grave offence.

Everyone who commits wilful and corrupt perjury, or subornation of perjury, in order to procure the conviction of any person for any indictable offence punishable with death, or imprisonment, shall be guilty of felony and liable to imprisonment for life.

326. Committing perjury or subornation in other cases.

Everyone who commits wilful and corrupt perjury or subornation of perjury, in any case other than that mentioned in the last preceding section, shall be guilty of a misdemeanour and liable to imprisonment for seven years.

Reference Criminal Law (Offences) Act (Guyana), http://iccdb.webfactional.com/documents/implementations/pdf/Guyana_- _Criminal_Law_offences_Act_amend_2005.pdf

Iceland

Relevant Articles Penal Code:

Chapter XV. False Testimony and False Accusations

Art. 142 Anyone who reports something falsely before a Court of Law or an authority entitled to administer oaths shall be subject to imprisonment for up to 4 years. In case the report has been given on oath the penalty shall be increased.

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In case items of the report not pertaining to the matter being investigated be incorrect, fines or imprisonment for up to 1 year may be applied.

Art. 148 Anyone who by means of false accusation, false testimony, misrepresentation or the withholding of documentation, the acquisition of false documentation or in another manner attempts to cause an innocent person to be charged with or convicted of an act which is subject to penalty shall be subject to imprisonment for up to 10 years. Upon fixing the penalty regard shall be had for the severity of the penalty applied to the offence which the party concerned is said or indicated to have committed. In case an offence has had or been intended to result in the loss of welfare for any person, penalty shall consist of imprisonment for no less than 2 years and up to 16 years.

Chapter XVII. Falsification of Documents and other Offences pertaining to Visible Evidence

Art. 162 Anyone misrepresenting evidence or presenting false evidence for the purpose of influencing the conclusion of a Lawsuit shall be subject to imprisonment for up to 2 years. In case of mitigating circumstances, provided that the offence be not subject to a more severe penalty under Law, fines or imprisonment for up to 1 year may be applied.

Anyone destroying evidence, withholding or rendering it entirely or to some extent useless in order to impair or forfeit the rights of others shall be subject to imprisonment for up to 2 years.

In case a person has committed an act referred to in para. 1 or 2 in respect of documentation which might have become of consequence relating to his/her guilt in a criminal Lawsuit, this act shall not be subject to penalty.

Reference http://iccdb.webfactional.com/documents/implementations/pdf/GeneralPenalCode.pdf

Indonesia

Relevant Articles Penal Code:

Penal Code:

BOOK II. Crimes.

CHAPTER VIII. Crimes against public authority.

Article 217.

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The person who creates a sensation at a trial or at the place where an official publicly is acting in the lawful performance of his official duties and does not move away after the order given by or on behalf of the competent authority, shall be punished by a maximum imprisonment of three weeks or a maximum fine of hundred and twenty rupiahs.

Article 221

(1) By a maximum imprisonment of nine months or a maximum fine of three hundred rupiahs shall be punished:

1st, [with deliberate intent, hiding a criminal from authorities or helping him escape]

2nd-ly, Any person who after a crime has been committed, with intent to conceal it or to prevent or to obstruct its investigation or prosecution, destroys, removes, hides objects upon which or with which the crime has been committed or other traces of the crime, or withdraws them from the examination either by the officers of the justice or police or by other persons who by virtue of statutory provision are continuously or temporarily assigned police duties.

(2) [Exception for blood relatives and spouses]

Article 224 Any person who, statutorily summoned as a witness, as an expert or as an interpreter, deliberately disobeys a statutory duty which he has to fulfill as such, shall be punished: 1st, in criminal cases by a maximum imprisonment of nine months: 2nd-ly, in other cases by a maximum imprisonment of six months.

Article 225.

Any person who with deliberate intent disobeys a lawful command to produce a document which is alleged to be false or forged or which must serve as a comparison with another document which is alleged to be false or forged or of which the authenticity is denied or not recognized, shall be punished:

1st, in criminal cases by a maximum imprisonment of nine months; 2ndly, in other cases by a maximum imprisonment of six months.

CHAPTER IX Perjury and false testimony.

Article 242.

(1) Any person who in the cases that a statutory provision demands a testimony under oath or attaches legal consequences to it, orally or in writing, personally or by special proxy, with deliberate intent makes a false testimony under oath, shall be punished by a maximum imprisonment of seven years.

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(2) If the false testimony under oath is made in a criminal case detrimental to the accused or suspect, the offender shall be punished by a maximum imprisonment of nine years.

(3) With the oath shall be identified the promise or affirmation which by virtue of general regulations is required or is made in lieu of the oath.

(4) Deprivation of the rights mentioned in article 35 first to fourthly may be pronounced.

Reference http://iccdb.webfactional.com/documents/implementations/pdf/Indonesia-Penal_code.pdf

Japan

Relevant Articles Penal Code:

PART II. CRIMES

Chapter VII. Crimes of Harboring Criminals and Suppressing Evidence

Article 104. (Suppression of Evidence)

A person who suppresses, damages, counterfeits or alters evidence relating to a criminal case of another person, or who uses counterfeit or altered evidence, shall be punished by imprisonment with work for not more than 2 years or a fine of not more than 200,000 yen.

Article 105-2. (Intimidation of Witnesses)

A person who, in relation to his/her own criminal case or the criminal case of another person, forcibly demands without justifiable grounds a meeting with any person or intimidates any person deemed to have knowledge necessary for investigation or trial of such case, or a relative of such person, shall be punished by imprisonment with work for not more than 1 year or a fine of not more than 200,000 yen

Chapter XX. Crimes of Perjury

Article 169 (Perjury)

When a witness who has sworn in accordance with law gives false testimony, imprisonment with work for not less than 3 months but not more than 10 years shall be imposed.

Reference http://iccdb.webfactional.com/documents/implementations/pdf/Japan-Penal_Code.pdf

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Kazakhstan

Relevant Articles Criminal Code:

THE SPECIAL PART

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 339. Obstructing the Administration of Justice and Performance of a Preliminary Investigation

1. Interference in any form with the activity of a court for the purposes of obstructing the administration of justice, - shall be punished by […]

2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case, - shall be punished by […]

3. Acts stipulated by the first or second part of this Article committed by a person with the use of his official position, - shall be punished by […]

Article 340. An Attempt upon the Life of a Person Administering Justice or Carrying out a Preliminary Investigation

An attempt upon the life of a judge, prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, or court executor, as well as their relatives in relation to the consideration of cases or materials in court, carrying out a preliminary investigation, or execution of a judgement, court decision, or other judicial act, which is committed for the purposes of impeding legitimate activity of said persons, or out of revenge for such activity, - shall be punished by […]

Article 341. Threatening or Violent Actions in Relation to the Administration of Justice or Carrying out a Preliminary Investigation

1. Threatening with murder, causation of damage to health, damaging or destruction of property with regard to a judge, as well as his relatives in relation to the consideration of cases or materials in court, - shall be punished by […]

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2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, executor, as well as their relatives in relation to the carrying out a preliminary investigation, consideration of a given case or materials in court, or execution of a judgement, court decision, or other judicial act, - shall be punished by […]

Reference http://iccdb.webfactional.com/documents/implementations/pdf/KazachstanCriminalCode1. pdf

Kyrgyzstan

Relevant Articles Criminal Code:

SPECIAL PART

SECTION X. CRIMES AGAINST STATE POWER

CHAPTER 31. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 317. Obstruction of the Administration of Justice

(1) Interference in any form in the functioning of the Court, for the purpose of obstructing the administration of justice, Shall be punishable by [punishment]

(2) A deed stipulated by the first part of the present Article, committed by a person by using his official position, Shall be punishable by [punishment]

Article 318. Obstruction of the Preliminary Investigation

(1) Interference in any form in the activity of a procurator, investigator, and a person conducting inquests for the purpose of obstructing the comprehensive, full, and objective investigation of a case, Shall be punishable by [punishment]

(2) A deed envisaged in the first part of the present Article committed by a person using his official position, Shall be punishable by [punishment]

Article 319. Murder of a Person Administering Justice or One Engaged in a Preliminary Investigation

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The murder of a judge, juror, or any other person participating in the administration of justice, of a procurator, investigator, a person conducting inquest, a defense lawyer, an expert, an officer of justice, and also of their relatives, in connection with the examination of cases or materials in court, with the preliminary investigation or the execution of a court's judgment or decision, or any other judicial act, accomplished for the purpose of obstructing the lawful activity of said persons or out of revenge for such activity,

Shall be punishable by [punishment]

Article 320. Threats or Forcible Actions in Connection with the Administration of Justice or Preliminary Investigation

(1) Threats of murder, infliction of injury to human health, or destruction or damage of property against a judge, juror, or any other person participating in the administration of justice, and also against their relatives, in connection with the examination of cases or materials in court, Shall be punishable by [punishment]

(2) The same deed, committed against a procurator, investigator, a person conducting inquests, defense lawyer, expert, specialist, officer of justice, and also against their relatives, in connection with the preliminary investigation, the examination of cases or materials in court, or in connection with the execution of a court's judgment or decision, or any other judicial act, Shall be punishable by [punishment]

(3) The acts envisaged by the first or second part of the present Article committed with the use of violence that provides no danger to human life or health, Shall be punishable by [punishment]

(4) The deeds envisaged in the first or second part of the present Article and committed with the use of violence endangering the human life or health, Shall be punishable by [punishment]

Article 325. Compulsion to Give Evidence

(1) Compulsion to give evidence used with regard to a suspect, defendant, victim, or witness, or coercion of an expert to make a report or give evidence through the application of threats, blackmail, or other illegal actions, by an investigator or a person conducting inquests, Shall be punishable by [punishment]

(2) The same act, joined with the use of violence, mockery, or torture Shall be punishable by [punishment]

(3) The acts stipulated for in the first and second parts of the present Article and entailed grave consequences,

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Shall be punishable by [punishment]

Article 326. Falsification of Evidence

(1) Falsification of evidence in a civil case, by a person who takes part in this case or by his representative, Shall be punishable by [punishment]

(2) Falsification of evidence in a criminal case, by a person who conducts inquests, an investigator, procurator, or defense lawyer, Shall be punishable by [punishment]

(3) Falsification of evidence in a criminal case about a grave or especially grave crime, and also falsification of evidence which has involved grave consequences, Shall be punishable by [punishment]

Article 330. Knowingly False Testimony, Expert or Specialist Opinion, or Mistranslation

(1) Knowingly false testimony of a witness, a victim or an expert's opinion or evidence or specialist's evidence, and also knowing mistranslation in court, or in a preliminary investigation, Shall be punishable by [punishment]

(2) The same acts, joined with the accusation of a person of the commission of a grave or especially grave crime, Shall be punishable by [punishment]

Note. A witness, victim, expert, specialist, or interpreter shall be relieved from criminal liability if prior to passing a sentence by a court or a court’s decision they on their own free will have stated that their testimony or opinion was false, or that interpretation was knowingly given wrongly in the course of an inquest, preliminary investigation, or court hearing. [ - provided by ICC Legal Tools]

Article 332. Bribery or Compulsion for Giving Testimony or for Evading Giving Testimony, or for Mistranslating

(1) Bribery of a witness or victim to give false testimony, or of an expert or specialist to give a false opinion or false testimony, or of an interpreter to make a mistranslation, Shall be punishable by [punishment]

(2) Compulsion of a witness or victim to give false testimony, or of an expert or specialist to give a false opinions, or of an interpreter to make a mistranslation, and also compulsion of said persons to evade giving testimony, joined with blackmail or threat of murder, infliction of injury to human health, or destruction or damage of the property of these persons or of their relatives, Shall be punishable by [punishment]

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(3) Acts provided for in the second part of the present Article, and committed by an organized group, with the use of violence that does not endanger the lives or health of said persons, Shall be punishable by [punishment]

(4) Acts stipulated in the first or second part of the present Article, and committed by an organized group, or with the use of violence that endangers the lives and health of said persons, Shall be punishable by [punishment]

Reference http://iccdb.webfactional.com/documents/implementations/pdf/Criminal_Code_Kyrgyzstan _EN_2008.pdf

Lithuania

Relevant Articles Criminal code:

SPECIAL PART

CHAPTER XXXIV CRIMES AND MISDEMEANOURS AGAINST JUSTICE

Article 231. Hindering the Activities of a Judge, Prosecutor, Pre-trial Investigation Officer, Lawyer or Bailiff

1. A person who, in any manner, hinders a judge, prosecutor, pre-trial investigation officer, lawyer or an officer of the International Criminal Court or of another international judicial institution in performing the duties relating to investigation or hearing of a criminal, civil, administrative case or a case of the international judicial institution or hinders a bailiff in executing a court judgement shall be punishable by [punishment]

2. A person who commits the act indicated in paragraph 1 of this Article by using violence or another coercion shall be punishable by [punishment]

3. A legal entity shall also be held liable for the acts provided for in this Article.

Article 232. Contempt of Court

A person who publicly, in an abusive manner by an action, word of mouth or in writing, humiliates a court or a judge executing justice by reason of their activities shall be punishable by [punishment]

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Article 233. Influence on a Witness, Victim, Expert, Specialist or Translator

1. A person who, in any manner, seeks to influence a witness, victim, expert, specialist or translator so that they would give false testimony, present false conclusions, clarifications or incorrect translations during a pre-trial investigation or in court or before the International Criminal Court or at another international judicial institution or hinders their arrival when summoned to a pre-trial investigation officer, a prosecutor, the court or the International Criminal Court or another international judicial institution shall be punishable by [punishment]

2. A person who, in any manner, seeks to influence a witness, expert, specialist or translator so that they would give false testimony, present false conclusions, clarifications or incorrect translations during impeachment proceedings to a special investigation commission formed by the Seimas or to the Seimas or hinders their arrival when summoned to the special investigation commission formed by the Seimas or to the Seimas shall be punishable by [punishment]

3. A person who commits the acts indicated in paragraphs 1 and 2 of this Article by using violence or another coercion shall be punishable by [punishment]

4. A legal entity shall also be held liable for the acts provided for in this Article.

Article 235. False Testimony, Conclusions and Translation

1. A person who, during a pre-trial investigation, in court or before the International Criminal Court or at another international judicial institution, gives false testimony as a witness or the victim, presents false conclusions or clarifications as an expert or a specialist or as a translator makes a false translation or a translation known to be incorrect shall be punishable by [punishment]

2. A person who, during impeachment proceedings, gives false testimony as a witness, presents false conclusions or clarification as an expert or a specialist or as a translator makes a false translation or a translation known to be incorrect to a special investigation commission formed by the Seimas or to the Seimas or who submits a false notice, clarification, information or data to an ad hoc investigation commission of the Seimas or to a Seimas committee whereto the Seimas has granted the powers of an ad hoc investigation commission shall be punishable by [punishment]

3. A person who commits the act indicated in paragraph 1 of this Article accusing a person of commission of a serious or grave crime shall be punishable by [punishment]

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4. The victim or a witness shall not be held liable for giving false testimony where, under laws, he has the right to refuse to give testimony, however was not made familiar with this right before questioning.

Article 237. Concealment of a Crime or the Perpetrator

1. A person who, without prior arrangement, conceals, destroys or obliterates the evidence, tools or means of a serious or grave crime committed by another person, the items obtained by criminal means, other articles which are connected with the concealed crime and which have evidential value or conceals the perpetrator shall be punishable by [punishment]

2. The close relatives and family members of the perpetrator shall not be held liable for the acts provided for in this Article.

Reference http://iccdb.webfactional.com/documents/implementations/pdf/Lithuania_- _Penal_Code_as_amended_2010.pdf

Marshall Islands

Relevant Articles Criminal Code:

TITLE 31. CRIMES AND PUNISHMENTS

CHAPTER 1. CRIMINAL CODE

PART II - ABUSE OF PROCESS

§ 111. Concealment, removal or alteration of record or process.

Every person who willfully and unlawfully conceals, removes, takes away, mutilates, obliterates, alters, or destroys, or attempts to do so, or willfully takes and carries away records or process in or from any court or official authorized to issue or serve the same, shall be guilty of tampering with judicial records or process, as the case may be, and shall upon conviction be liable to a fine not exceeding $1,000 or to a term of imprisonment not exceeding five (5) years, or both.

PART XXII - OBSTRUCTING JUSTICE

§ 148. Defined; punishment

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Every person who shall unlawfully resist or interfere with any law enforcement officer in the lawful pursuit of his duties, or shall unlawfully tamper with witnesses or prevent or attempt to prevent their attendance at trials, shall be guilty of obstructing justice and shall upon conviction be liable to a Fine not exceeding $1,000 or to a term of imprisonment not exceeding one year, or both.

PART XXIII - PERJURY

§ 149. Defined; punishment.

Every person who takes an oath or any legal substitute therefor before a competent tribunal, officer, or person, in any case in which a law of the Republic authorizes an oath or any legal substitute therefor to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, deposition, or certificate by him subscribed is true, and who willfully and contrary to such an oath or legal substitute therefor states or subscribes any material which he does not believe to be true, shall be guilty of perjury and shall upon conviction be liable to a term of imprisonment not exceeding five (5) years.

Reference http://iccdb.webfactional.com/documents/implementations/pdf/CriminalCode2004.pdf

Montenegro

Relevant articles Criminal Code of the Republic of Montenegro

SPECIAL PART

TITLE THIRTY-ONE. CRIMINAL OFFENCES AGAINST JUDICIARY

Interference in Production of Evidence

Article 390

(1) Anyone who gives, offers or promises a gift or other undue advantage to a witness or expert witness or other participant before a court or other state authority or who uses force or threat against him in order for that person to affect the outcome of the proceedings by giving false testimony or by refraining from giving a testimony shall be punished by a prison term from six months to five years.

(2) Anyone who with the intention to prevent or impede production of evidence conceals, destroys, damages, or makes unusable in whole or in part someone else's document or other

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(3) The punishment under para. 2 above shall also apply to anyone who with the intention referred to in para. 2 hereof removes, destroys, damages, moves or relocates a borderline stone, land registry mark or any other mark indicating ownership of real estate or right to the use of water, or a person who fraudulently places such a mark with the same intention.

Reference Criminal Code of the Republic of Montenegro, http://iccdb.webfactional.com/documents/implementations/pdf/Montenegro_- _Criminal_Code_amend_2012.pdf

Nigeria

Relevant articles Criminal Code Act - Chapter 77

Part 3 Offences against the Administration of Law and Justice and against Public Authority

Chapter 14 Offences relating to the Administration of Justice

117. Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of an offence, which is called perjury.

120. Any person who, with intent to mislead any tribunal in any judicial proceeding -

(1) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury ; or (2) knowingly makes use of such fabricated evidence ; is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

122. 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, is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.

Reference Criminal Code Act - Chapter 77 http://iccdb.webfactional.com/documents/implementations/pdf/Criminal_Code_Act_Nigeria _EN_1916.pdf

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Papua New Guinea

Relevant articles Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.

Division 5. – Offences Relating to the Administration of Justice.

121. PERJURY.

A person who in any judicial proceeding, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony concerning any matter that is material to any question then depending in the proceedings or intended to be raised in the proceedings, is guilty of the crime of perjury.

122. FABRICATING EVIDENCE.

(1) A person who, with intent to mislead a tribunal in any judicial proceedings–

(a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury ; or

(b) knowingly makes use of such fabricated evidence, is guilty of a crime.

124. DECEIVING WITNESSES.

A person who–

(a) practises any fraud or deceit ; or

(b) 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 proceedings with intent to affect the testimony of the person as a witness, is guilty of a misdemeanour.

Reference Criminal Code Act 1974 (Papua New Guinea), http://iccdb.webfactional.com/documents/implementations/pdf/Criminal_Code_Papua_Ne

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Domestic Criminal Law w_Guinea_EN_1974.pdf

Russian Federation

Relevant articles The Criminal Code of the Russian Federation

Special Part Section X. Crimes Against State Power Chapter 31. Crimes Against the Administration of Justice

Article 294. Obstruction of the Administration of Justice and of Preliminary Investigations

1. Interference in any form in the functioning of the Court, for the purpose of obstructing the administration of justice, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to two years.

2. Interference in any form in the activity of a procurator, investigator, or a person conducting inquests for the purpose of obstructing the all-round, full, and objective investigation of a case, shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of 180 to 240 hours, or by arrest for a term of three to six months.

3. Deeds stipulated in the first or second part of this Article, and committed by a person using his official position, shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years months, or by deprivation of liberty for a term of up to four years, with disqualification to hold specified offices or to engage in specified activities for a term of up to three years, or without such disqualification.

Federal Law No. 73-FZ of July 21, 2004 amended Article 295 of the present Code shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year.

Article 295. Encroachment on the Life of a Person Administering Justice or Engaged in a Preliminary Investigation

Article 296. Threats or Forcible Actions in Connection with the Administration of Justice or Preliminary Investigation

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1. Threats of murder, infliction of injury to human health, or destruction or damage of property against a judge, juror, or any other person participating in the administration of justice, and also against their relatives, in connection with the examination of cases or materials in court, shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by deprivation of liberty for a term of up to three years.

2. The same deed, committed against a procurator, investigator, a person conducting inquests, defence lawyer, forensic expert, a specialist, bailiff, or officer of justice, and also against their relatives, in connection with the preliminary investigation, the examination of cases or materials in court, or in connection with the execution of a court's judgement or decision, or any other judicial act, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to two years.

3. Deeds stipulated in the first or second part of this Article, and committed with the use of violence that provides no danger to human life or health, shall be punishable by deprivation of liberty for a term of up to five years.

4. Deeds provided for in the first or second part of this Article, and committed with the use of violence endangering human life or health, shall be punishable by deprivation of liberty for a term of five to ten years .

Article 297. Contempt of Court

1. Contempt of court, which finds expression in the insult of the trial participants, shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of 180 to 240 hours, or by arrest for a term of two to four months.

2. The same deed, that has found its expression in the insult of a judge, juror, or any other person participating in the dispensation of justice, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by corrective labour for a term of one to two years, or by arrest for a term of four to six months .

Article 301. Illegal Detention, Taking into Custody, or Keeping in Custody

Article 302. Compulsion to Give Evidence

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1. Compulsion to give evidence used with regard to a subject, defendant, victim, or witness, or coercion of an expert, a specialist to make a report or to give evidence through the application of threats, blackmail, or other illegal actions, by an investigator or a person conducting inquests, as well as by other person with the knowledge or a tacit consent of the investigator or the person conducting inquests, shall be punishable by deprivation of liberty for a term of up to three years.

2. The same act, joined with the use of violence, mockery, or torture, shall be punishable by deprivation of liberty for term of two to eight years .

Article 303. Falsification of Evidence

1. Falsification of evidence in a civil case, by a person who takes part in this case or by his representative, shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by corrective labour for a term of one to two years, or by arrest for a term of two to four months.

2. Falsification of evidence in a criminal case, by a person who conducts inquests, an investigator, procurator, or defence lawyer, shall be punishable by deprivation of liberty for a term of up to three years, with disqualification to hold specified offices to engage in specified activities for term of up to three years.

3. Falsification of evidence in a criminal case about a grave or especially grave crime, and also falsification of evidence which has involved serious consequences, shall be punishable by deprivation of liberty for a term of three to seven years, with disqualification to hold specified offices or to engage in specified activities for a term of up to three years .

Article 307. Knowingly False Testimony, Opinion of an Expert or Specialist, or Mistranslation

1. Knowingly false testimony of a witness, a victim or an expert's opinion or testimony, evidence of a specialist and also knowing mistranslation in court, or in a preliminary investigation, shall be punishable by […]

Article 309. Bribery or Compulsion for Giving Testimony or for Evading Giving Testimony, or for Mistranslating

1. Bribery of a witness or victim to give false testimony, or of an expert or specialist to give a false opinion or false testimony, or of an interpreter to make a mistranslation, shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by

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2. Compulsion of a witness or victim to give false testimony, or of an expert or specialist to give a false opinions, or of an interpreter to make a mistranslation, and also compulsion of said persons to evade giving testimony, joined with blackmail or threat of murder, infliction of injury to human health, or destruction or damage of the property of these persons or of their relatives, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to three years.

3. Acts provided for in the second part of this Article, and committed by an organized group, with the use of violence that does not endanger the lives of health of said persons, shall be punishable by deprivation of liberty for a term of up to five years.

4. Acts stipulated in the first or second part of this Article, and committed by an organized group, or with the use of violence that endangers the lives and health of said persons, shall be punishable by deprivation of liberty for a term of three to seven years .

Reference The Criminal Code of the Russian Federation, http://iccdb.webfactional.com/documents/implementations/pdf/Russia- Criminal_Code_2012EN.pdf

Saint-Lucia

Relevant articles Criminal Code

CHAPTER TWO Offences

PART IV OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

Interference with Witnesses

Causing person to refrain from giving evidence at criminal trial

374. Any person who, with intent to defeat, obstruct, or pervert the course of justice at the trial of any other person for any crime, in any manner causes the other person to refrain from giving evidence at such trial, is liable on conviction on indictment to imprisonment for seven years.

Removing, damaging, etc. document

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383. Any person who, unlawfully, with intent to defeat, obstruct, or pervert the course of justice or to defraud or injure any other person removes, conceals, damages, or alters any instrument or document used or intended to be used in any judicial proceeding, is liable on conviction on indictment to imprisonment for five years.

Fabricating false evidence

384. A person fabricates false evidence —

(a) if he or she causes any circumstance to exist; or (b) makes any false entry in any book, accounts, or records; or (c) makes any document containing a false statement ; or (d) forges any document; with intent to mislead any public officer, Judge, Magistrate, or juror acting in any judicial proceedings.

Fabricating false evidence punishable like perjury

385. Any person who fabricates false evidence with intent to defeat, obstruct, or pervert the course of justice in any proceeding is liable to the same punishment as if he or she had committed perjury in that proceeding.

Making false sentence under oath

391.— (1) A person commits the offence of perjury if, in any written or verbal statement made or verified by him or her upon oath before a Court or public officer, he or she states anything which he or she knows to be false, or which he or she has no reason to believe to be true, with intent to defeat, obstruct or pervert the course of justice or the execution of the law, or with intent to defraud or injure the person.

(2) A person may commit the offence of perjury if he or she swears that he or she believes a thing which he or she does not in fact believe.

(3) It is no defence that the person was not a competent or compellable witness or was not competent, or compelled, to make the statement.

(4) “Oath” includes any form of declaration or affirmation permitted or prescribed by law to be taken as or in lieu of an oath.

Reference Criminal Code (Saint-Lucia), http://iccdb.webfactional.com/documents/implementations/pdf/St_Lucia- _Criminal_Code_English_2004.pdf

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Serbia

Relevant articles Criminal Code

Perjury

Article 335

(1) A witness, expert witness, translator or interpreter who gives false testimony before a court, in disciplinary, misdemeanour or administrative proceeding or other procedure established by law, shall be punished by imprisonment up to three years.

(2) The penalty specified in paragraph 1 of this Article shall also be imposed on the party who, during presentation of evidence by testimony of parties in judicial or administrative proceedings, gives a false statement and such statement serves as grounds for disposition in such proceedings.

(3) If perjury is committed in criminal proceedings or under oath, the offender shall be punished by imprisonment of three months to five years.

(4) If the offences specified in paragraph 3 resulted in particularly grave consequences for the accused, the offender shall be punished by imprisonment of one to eight years.

(5) The offender who voluntarily revokes false testimony prior to final disposition may be remitted from punishment.

Subornation of Perjury

Article 336

(1) Whoever gives or makes the promise of a gift or other benefit to a witness or an expert witness or any other party to the proceedings conducted before a court or other state authority or whoever forces or threatens any such person with the intent that such person affect the outcome of the proceedings by giving false testimony or by not giving testimony shall be punished with imprisonment of six months to five years and a fine.

(2) Whoever with intent to prevent or hinder substantiation conceals, destroys, damages, or makes partially or completely unusable a document or any other item serving as a proofshall be punished with imprisonment of three months to three years and a fine.

(3) The penalty specified in paragraph 2 of this Article shall be also imposed on whoever removes, destroys, damages, moves or relocates a boundary stone, a soil survey sign or any other mark indicating ownership of real property or easement for use of water, or who with

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If the offence specified in paragraph 2 is committed in criminal proceedings, the offender shall be punished by imprisonment of six months to five years and a fine.

Reference Criminal Code (amended in 2012) (Serbia), http://iccdb.webfactional.com/documents/implementations/pdf/Serbia_- _Criminal_Code_amend_2012.pdf

Singapore

Relevant articles Singapore Penal Code

Fabricating false evidence

192. Whoever causes any circumstance to exist, or makes any false entry in any book or record or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person, who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.

Punishment for false evidence

193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Destruction of document or electronic record to prevent its production as evidence

204. Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence before a court of justice, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same

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Domestic Criminal Law from being produced or used as evidence before such court or public servant as aforesaid, or after he has been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Obstructing, preventing, perverting or defeating course of justice

204A. Whoever intentionally obstructs, prevents, perverts or defeats the course of justice shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Reference Singapore Penal Code, http://iccdb.webfactional.com/documents/implementations/pdf/Singapore_Penal_Code_Up dated_English_2012.pdf

Slovakia

Relevant articles Criminal Code

PART TWO

SPECIAL PART

CHAPTER EIGHT CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Title Five Other Forms of Interfering with the Activities by Public Authorities

Section 344 Obstruction of Justice

(1) Any person who, in proceedings before the court or in criminal proceedings,

a) presents as genuine the evidence of which he knows that it is false or altered, b) falsifies, alters or obstructs the evidence or prevents the taking of evidence, c) obstructs or prevents the presence or the testimony of a party to the criminal proceedings, party to the proceedings before the court, witness, expert, interpreter or translator, or d) uses violence, threat of violence or threat of other grievous harm, or who promises, offers or provides undue advantage with the aim of exerting influence on a party to the criminal proceedings, party to the proceedings before the court, witness, expert, interpreter, translator, or a body involved in criminal proceedings, shall be liable to a term of imprisonment of one to six years.

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(2) The offender shall be liable to a term of imprisonment of three to eight years if he commits the offence referred to in paragraph 1

a) with the intention of obtaining substantial benefit for himself or another, or causing substantial damage or other particularly serious consequence, b) with the intention to prevent or obstruct the exercise of fundamental rights and freedoms by another, or c) by reason of specific motivation.

Reference Criminal Code (Slovakia), http://iccdb.webfactional.com/documents/implementations/pdf/Criminal_Code_Slovakia_E N_Slovak_2010.pdf

Slovenia

Relevant articles Criminal Code

Chapter Twenty-Eight

CRIMINAL OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Tampering with Evidence

Article 285

(1) Whoever, with the intention of preventing or hindering the production of evidence, conceals, destroys or damages a document of another, or other object proposed as evidence, or renders such a document or object wholly or partly useless, shall be sentenced to imprisonment for not more than three years.

(2) The same sentence shall be imposed on whoever, with the intention under the previous paragraph, removes, destroys, damages, shifts or displaces a boundary stone, geodetic mark or any other landmark intended to designate the right of real property or the right to use water, as well as whoever, with the same intention, falsely sets up such a landmark.

(3) Whoever, with the intention of preventing or hindering the production of evidence in a criminal offence, produces evidence which he is aware of being false or falsified, shall be sentenced to imprisonment for not more than five years.

Obstruction of Judicial and Other State Authorities

Article 286

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(1) Whoever, with the intention of influencing testimony or production of evidence in a trial before the court or in an administrative procedure or in the course of parliamentary investigation, applies force, threat or intimidation against any third person, offers or gives him illegal benefits, shall be sentenced to imprisonment for not more than five years.

(2) The same sentence shall be imposed on whoever, with the intention of influencing the performance of the official duties of officials in the administration of justice, law enforcement authorities in relation to criminal proceedings, applies force, threat or intimidation against an official.

Reference Criminal Code, http://iccdb.webfactional.com/documents/implementations/pdf/Slovenia- _CriminalCode2009_English.pdf

Solomon Islands

Relevant articles Criminal Code

PART XI PERJURY AND FALSE STATEMENTS AND DECLARATIONS

Fabricating evidence

110. 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 seven years.

PART XII OTHER OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

Deceiving witnesses

114. 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.

Bribe or attempt to bribe

11 of 1986, s. 3

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122. Any person who in relation to any offence bribes or attempts to bribe or makes any promise to any other person with either of the following two intents

(a) to obstruct, defeat or pervert the course of justice in the court; or

(b) to dissuade any person from doing his duty in connection with the course of justice in the court, shall be guilty of a misdemeanour.

Injury, damage or threat

11 of 1986, s. 3

123. Every person who (whether in the court or elsewhere) injures, damages or threatens or attempts to injure or damage any person, a member of that person's family or property with the following intents

(a) to obstruct, defeat or pervert the course of justice in the court;

(b) to dissuade any person from doing his duty in connection with the course of justice in the court; or

(c) for having attended a judicial proceeding and given evidence in connection with the course of justice, shall be guilty of a misdemeanour.

Reference Solomon Islands Penal Code 1963 (amended 1990), http://iccdb.webfactional.com/documents/implementations/pdf/Solomon_Islands_- _Penal_Code_1963_amended_1990.pdf

Sudan

Relevant articles Criminal Code

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

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(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.

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.

Reference Criminal Act (Sudan), http://iccdb.webfactional.com/documents/implementations/pdf/Sudan_- _The_Criminal_Act_1991.pdf

Tuvalu

Relevant articles Penal Code

104 Fabricating evidence

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 .

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105 Inconsistent or contradictory statement

(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.

Reference Criminal Code (Tuvalu), http://iccdb.webfactional.com/documents/implementations/pdf/Criminal_Code_Tuvalu_EN _2008.pdf

United States

Relevant articles The United States Code, Title 18 Crimes and Criminal Procedure

18 U.S.C. § 1510(a). Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

18 U.S.C. § 1512(b) - (k) Tampering with a witness, victim, or an informant

(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to--

(1) influence, delay, or prevent the testimony of any person in an official proceeding;

(2) cause or induce any person to--

(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

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(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;

(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D) be absent from an official proceeding to which such person has been summoned by legal process; or

(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation1 supervised release,,2 parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.

(c) Whoever corruptly--

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from--

(1) attending or testifying in an official proceeding;

(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation1 supervised release,,2 parole, or release pending judicial proceedings;

(3) arresting or seeking the arrest of another person in connection with a Federal offense; or

(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

(e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct

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(f) For the purposes of this section--

(1) an official proceeding need not be pending or about to be instituted at the time of the offense; and

(2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance--

(1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or

(2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.

(h) There is extraterritorial Federal jurisdiction over an offense under this section.

(i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.

(j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

18 U.S.C. § 1513. Retaliating against a witness, victim, or an informant

(b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for--

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(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer;

or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(d) There is extraterritorial Federal jurisdiction over an offense under this section.

(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.

(f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

(g) A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.

18 U.S.C. § 1515. Definitions for certain provisions; general provision

(a) As used in sections 1512 and 1513 of this title and in this section--

(1) the term “official proceeding” means--

(A) a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;

(B) a proceeding before the Congress;

(C) a proceeding before a Federal Government agency which is authorized by law; or

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(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;

(2) the term “physical force” means physical action against another, and includes confinement;

(3) the term “misleading conduct” means--

(A) knowingly making a false statement;

(B) intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;

(C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(D) with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(E) knowingly using a trick, scheme, or device with intent to mislead;

. . .

(6) the term “corruptly persuades” does not include conduct which would be misleading conduct but for a lack of a state of mind.

18 U.S.C § 401

Power of Court

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as--

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

18 U.S.C § 402

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Contempts constituting crimes

Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.

Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months.

This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law.

For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

18 U.S.C. § 1621. Perjury generally

Whoever--

(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

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Reference http://uscode.house.gov/browse/prelim@title18&edition=prelim

Zambia

Relevant articles Penal Code

108. Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding-

(a) fabricates evidence by any means other than perjury or subordination of perjury ; or (b) knowingly makes use of such fabricated evidence ; is guilty of a misdemeanour and is liable to imprisonment for seven years.

110. Deceiving witnesses

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, is guilty of a misdemeanour.

111. Destroying evidence

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, is guilty of a misdemeanour.

(As amended by No. 26 of 1940)

Reference http://iccdb.webfactional.com/documents/implementations/pdf/Zambia- Penal_Code_Act_consolidated_2006EN.pdf

Zimbabwe

Relevant articles Criminal Code

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183 Perjury

(1) Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral

(a) knowing that the statement is false; or (b) realising that there is a real risk or possibility that it may be false; shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.

(2) For the purpose of subsection (1)—

(a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts; (b) it shall be immaterial that— (i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings; or (ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned; or (iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned.

(3) Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that—

(a) the person made a false statement, whether or not either statement has actually been proved to have been false; and (b) the person knew the falsity thereof; unless the person proves that when he or she made each statement he or she genuinely believed that it was true.

184 Defeating or obstructing the course of justice

(1) Any person who—

(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed; or (b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such; or

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(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement; or (d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false; or (e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed; or (f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false; or (g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty; or (i) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime; shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in—

(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both; (ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both; (iii) paragraph (b), (c) or (Ii) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.

Reference http://iccdb.webfactional.com/documents/implementations/pdf/Zimbabwe- Criminal_law_codification_and_reform_Act.pdf

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