Database of Legislation

Obstruction of Justice
  • Sectors

    • • Public officials
  • Offending Involves

    • • promising/ offering/ giving undue advantage
      • Physical force/threat/intimidation
  • In Order To

    • • Induce false testimony
      • Interfere in the giving of testimony or the production of evidence in a proceeding
 Part V
 Section 86 - 88

UNTOC Articles

  • Organized Crime Convention

  • Article 23: Criminalization of obstruction of justice
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Perjury

    86.

    (1) A person who in any judicial proceedings or before any officially constituted public enquiry, intentionally makes a false statement related to any matter material to the course of the judicial proceeding or enquiry commits the offence of perjury.
    (2) A person who induces another person to commit perjury commits an offence.
    (3) A person who, with intent to deceive in any judicial proceeding or any officially-constituted public enquiry fabricates evidence or knowingly makes use of such fabricated evidence, commits an offence.
    (4) A person who swears falsely or makes a false affirmation or declaration before any person authorised to take an oath or declaration upon a matter of public concern under such circumstances that if such affirmation or declaration had been made before a judicial proceeding would amount to perjury commits an offence.


    Obstruction of course of justice and officially constituted public enquiries

    87.

    (1) A person who wilfully fails to obey a court order or bring the administration of justice into disrepute, commits an offence.
    (2) A person who makes any statement or performs any act with the intention of defeating or interfering with the course of justice, commits an offence.
    (3) A person who in the course of judicial proceedings fails, without lawful excuse, to comply with the requirements of those judicial proceedings commits an offence.
    (4) A person who applies or threatens to apply any sanction against any witness or prospective witness because such witness has given evidence or is likely to be required to give evidence before judicial proceedings or an officially constituted public enquiry, commits an offence.
    (5) A person who makes an approach to any witness or prospective witness in judicial proceedings or officially constituted public enquiry with the intention that such witness should alter his or her testimony or refrain from giving testimony, commits an offence.
    (6) A person who dismisses a servant or employee because he or she has given evidence or refused to give evidence on behalf of a certain party to judicial proceedings or at an officially instituted public enquiry, commits an offence.


    Disrespect for judicial proceedings

    88.

    A person who, within the premises in which judicial proceedings or an officially constituted public enquiry is being conducted within the precincts of the same, shows disrespect in speech or conduct to or with reference to such proceedings or any person before whom such proceedings are being conducted, commits an offence.
     
     
     

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    Please note that this law is not from an official source.