Base de données sur la législation

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

    • • 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
      • Fait d’empêcher un agent de la justice ou un agent des services de détection et de répression d’exercer les devoirs de sa charge
 Part XII
 Section 121-123

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

    Offences relating to judicial proceedings
    8 of 1965. Sched

    121. (1) Any person who-
    (a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or
    (b) having been summoned to give evidence in a Judicial proceeding, fails to attend; or
    (c) being present at a judicial proceeding and being called upon to give evidence, refuses to be sworn or to make an affirmation; or
    (d) having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document which it is within his power to produce; or
    (e) having attended a judicial proceeding to give evidence, remains in the room in which such proceeding is being had or taken after the witnesses have been ordered to leave such room; or
    (f) causes an obstruction or disturbance in the course of a judicial proceeding; or
    (g) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or
    (h) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or
    (i) attempts wrongfully to interfere with or influence a witness in a judicial proceeding. either before or after he has given evidence, in connection with such evidence; or
    (j) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or
    (k) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court; or
    (l) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken,
    shall be guilty of an offence, and shall be liable to imprisonment for three months.
    11 of 1986, s. 2

    (2) When an offence against paragraphs (a), (b), (c), (d), (e), (f), (g) or (l) of subsection (1) of this section is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognisance of the offence and sentence the offender to a fine of one hundred dollars or in default of payment to imprisonment for one month.

    (3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court.

    Bribe or attempt to bribe
    11 of 1986, s. 3

    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.

     
     
     

    Pièces jointes/annexes