Offences against administration of justice

Norway

Act No. 65 of 15 June 2001 relating to the implementation of the Statute of the International Criminal Court of 17 July 1998 (the Rome Statute) in Norwegian law 2001

ยง 12. Penalties for offences against the Court etc.

Sections 163 to 167 of the Penal Code apply correspondingly to criminal liability for giving false testimony before the Court.

Sections 127, 128, 132 and 132a of the Penal Code apply correspondingly to criminal liability for offences against an official of the Court.

Sections 112 to 114 of the Penal Code apply correspondingly to judges and other employees of the Court.

This section also applies to offences committed abroad by Norwegian nationals.

The General Civil Penal Code 1902 (2013)

PART II FELONIES

Chapter 12. Felonies against public authority

Section 132.

Any person who with intent to obstruct any public investigation undertaken or to be undertaken concerning any criminal offence causes the destruction, concealment or distortion of any object of importance to any such investigation, or otherwise obliterates any traces of the offence, or who aids and abets thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding two years.

The same penalty shall apply to any person who causes another person to evade prosecution or any penalty for a criminal offence or special sanction, by escape, concealment, or disguise, or who aids and abets thereto.

No penalty shall apply to any person who has acted with intent to evade or to enable any of his next-of-kin to evade prosecution, or any penalty or special sanction.

PART II FELONIES

Chapter 12. Felonies against public authority

Section 132 a.

Any person who by means of violence, threats, damage or other unlawful conduct aimed at a participator in the administration of justice or any of his next-of-kin

a) abehaves in such a way as is likely to influence the participator to perform or omit to perform an act, task or service in connection with a criminal or civil case, or
b) retaliates for any act, task or service which the participator has performed in connection with a criminal or civil case
shall be liable to a penalty for obstruction of the administration of justice.

A participator in the administration of justice means any person who

a) has reported a criminal matter or has brought an action in a civil case,
b) has made a statement to the police or to the court,
c) works or performs a service for the police, the prosecuting authority, the court or the correctional services,
d) is a defence counsel, counsel for the aggrieved person or legal representative, or
e) is considering the performance of such an act or the undertaking of such a task or such a service.

Any person who aids and abets such an offence shall be liable to the same penalty.

Obstruction of the administration of justice shall be punishable by imprisonment for a term not exceeding five years. If the act is committed under especially aggravating circumstances, a sentence of imprisonment for a term not exceeding ten years may be imposed. In deciding whether especially aggravating circumstances subsist, particular importance shall be attached to whether the offence has endangered any person's life or health, has been committed on more than one occasion, or by two or more persons jointly, or is of a systematic or organized nature.

Grossly negligent obstruction of the administration of justice shall be punishable by imprisonment for a term not exceeding five years.

PART II FELONIES

Chapter 15. False testimony

Section 163.

Any person who gives false testimony in court after making an affirmation shall be liable to imprisonment for a term not exceeding five years.

The same penalty shall apply to any person who gives false testimony outside court after making an affirmation in cases in which the use of an affirmation is legally authorized.

PART II FELONIES

Chapter 15. False testimony

Section 165.

The penalty prescribed in section 163 shall also apply to any person who causes testimony known to him to be false to be given by another person after making an affirmation in a case mentioned in the said section, or who aids and abets thereto.

PART II FELONIES

Chapter 15. False testimony

Section 166.

Any person who gives false testimony in court or before a notary public or in any statement presented to the court by him as a party to or legal representative in a case, or who orally or in writing gives false testimony to any public authority in a case in which he is obliged to give such testimony, or where the testimony is intended to serve as proof, shall be liable to fines or imprisonment for a term not exceeding two years.

The same penalty shall apply to any person who causes testimony known to him to be false to be given by another person in any of the above- mentioned cases, or who aids and abets thereto.

PART II FELONIES

Chapter 18. Forging of documents

Section 182.

Any person who with unlawful intent uses as genuine or unfalsified any document that is forged or falsified, or who aids and abets thereto, shall be liable to fines or imprisonment for a term not exceeding two years, but not exceeding four years if the document in question is a Norwegian or foreign official document.

If the document has been used with the intent of obtaining evidence for a lawful claim or for protection against an unlawful claim, fines or imprisonment for a term not exceeding one year may be imposed.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.