Offences against administration of justice

Bahamas

Bahamas - Penal Code 2017 (EN)

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

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

426. 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.

428. 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 twenty years.


429. Whoever 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.


432. Whoever, with intent to defeat, obstruct or pervert the course of justice, or the due execution of the law, or to evade the requirements of the law, or to defraud or injure any person, endeavours to deceive any public officer acting in the execution of any public office or duty, by personation or by any false instrument, document, seal or signature, or by any false statement, whether verbal or in writing, is guilty of a misdemeanour.


433. Whoever fraudulently brings any action against another person in a false or fictitious name, having no ground for such action, is guilty of a misdemeanour.


436. Whoever without reasonable excuse makes default in obeying any summons, process or order lawfully issued or made for his attendance or for his examination on oath as a witness in any judicial proceeding, or for the production by him of any written or other evidence in any judicial proceeding is guilty of a misdemeanour.


437. Whoever with intent to prevent, obstruct or delay the taking of any inquest upon the body or touching the death of any person, or to defeat the ends of justice, buries or in any manner conceals or disposes of the body, shall be liable to imprisonment for two years.


438. (1) Whoever, being under a duty as a magistrate, coroner, gaoler, peace officer, or in any other capacity, to give any notice or take any measures in order to the holding of an inquest upon the body or touching the death of any person, wilfully and without reasonable excuse fails to perform the duty, shall be liable to imprisonment for two years.

(2) A prosecution for an offence under this section shall not be instituted except by the Attorney-General or with his consent.

439. Whoever with force, threats or tumult, hinders, interrupts or disturbs the proceeding of any court, or wilfully or unlawfully, with force, threats or tumult, hinders any person from entering or quitting any court, or removes him therefrom, or detains him therein, shall be liable to imprisonment for two years.

440. Whoever in the presence of any court is guilty of contempt of the court by any insulting, opprobrious or menacing acts or words, is guilty of a misdemeanour.

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.