Base de données sur la législation

Entrave au bon fonctionnement de la justice
  • L’infraction implique

    • • Force physique/menace/intimidation
      • Fait de promettre/ offrir/ accorder un avantage indu
  • Objectif

    • • Fait d’obtenir un faux témoignage
      • Fait d’empêcher un témoignage ou la présentation d’éléments de preuve dans une procédure
  • Mots-clefs

    • • Fait d’influencer des témoins potentiels
      • Moyens de corruption
      • Moyens de coercition
 Chapter XXVI
 Section 272 - 278

UNTOC articles

  • Convention contre la criminalité organisée

  • Article 23: Incrimination de l’entrave au bon fonctionnement de la justice
  • Protocole relatif à la traite des personnes

  • Protocole relatif au trafic illicite de migrants

  • Protocole relatif aux armes à feu

     

    Texte original

    Perjury

    Section 272

    (1) Any witness who gives false testimony before the authority concerning an essential circumstance of a case, or suppresses evidence is guilty of perjury.

    (2) The provisions relating to perjury shall be applied to any person who:

    a) gives false opinion as an expert or false information as a special adviser;

    b) falsely translates as an interpreter or a translator;

    c) presents a false document or manipulated physical evidence in criminal or civil proceedings, Paragraph b) of Subsection (1) of Section 268 notwithstanding.

    (3) The defendant in criminal proceedings shall not be prosecuted on the basis of Paragraph c) of Subsection (2).

    (4) Perjury committed in a criminal case shall be construed as a felony punishable by imprisonment between one to five years. If perjury concerns a crime that carries a maximum sentence of life imprisonment, the penalty shall be imprisonment between two to eight years.

    (5) Perjury committed in a civil case shall be punishable by imprisonment not exceeding three years. If the civil case concerns a particularly considerable value or any other form of interest that is considered particularly substantial, the penalty shall be imprisonment between one to five years.

    (6) Any person who commits perjury by way of negligence shall be punishable for a misdemeanor by imprisonment not exceeding one year.

     

    Section 273

    Any person who commits perjury in a misdemeanor or other judicial proceedings, or in disciplinary proceedings is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

     

    Section 274

    Criminal proceedings for perjury may be instituted in connection with a case for which the false testimony was presented solely upon the motion of the authority acting in the original process, before the principal action is concluded. Save for the case of such motion, the term of limitation for perjury commences on the day of conclusion of the principal action.

     

    Section 275

    (1) Any person:

    a) whose testimony would incriminate himself or his family member in a criminal act;

    b) who may decline to testify for any other reason, but was not advised accordingly before being questioned; or

    c) who cannot be interrogated in accordance with the law; shall not be liable for prosecution for perjury.

    (2) The penalty may be reduced without limitation or dismissed on the whole in cases deserving special consideration against a person who confesses to the acting authority before the conclusion of the principal action of having provided false evidence.

     

    Subornation of Perjury

    Section 276

    (1) Any person who attempts to persuade another person to give false testimony is guilty of a felony punishable by imprisonment not exceeding three years if committed in a criminal case, or guilty of misdemeanor punishable by imprisonment not exceeding two years if committed in civil proceedings.

    (2) Any person who commits the criminal offense referred to in Subsection (1) in a misdemeanor or other judicial proceedings, or in disciplinary proceedings before a person exercising disciplinary authority is guilty of a misdemeanor punishable by imprisonment not exceeding one year.

     

    Unlawful Refusal to Give Evidence

    Section 277

    Any witness who in criminal proceedings unlawfully refuses to give evidence before the court upon being advised of the consequences is guilty of misdemeanor punishable by custodial arrest.

     

    Coercion on the Part of the Authorities

    Section 278

    (1) Any person who attempts by force or threat of force to prevent another person in the free exercise of his lawful rights in proceedings before the authorities, or induces him to neglect his duties is guilty of duress in proceedings before the authorities.

    (2) Any person who commits the criminal offense in a criminal case is guilty of a felony punishable by imprisonment between one to five years. If the criminal offense is committed in connection with a criminal case relating to a crime that carries a maximum sentence of life imprisonment, the penalty shall be imprisonment between two to eight years.

    (3) Any person who commits the criminal offense in a civil case shall be punishable by imprisonment not exceeding three years. If the civil case concerns a particularly considerable value or any other form of interest that is considered particularly substantial, the penalty shall be imprisonment between one to five years.

    (4) If the criminal offense is committed in a misdemeanor or other judicial proceedings, or in disciplinary proceedings before a person exercising disciplinary authority the penalty shall be imprisonment for a misdemeanor not exceeding one year.

     
     
     

    Pièces jointes/annexes