PART V
PARTIES TO THE COMMISSION OF OFFENCES

37. Accessory after the fact -

An accessory after the fact to an offence is a person who, knowing or believing any person to have been a party to an offence:

(a) harbours or otherwise assists that person; or
(b) tampers or otherwise interferes directly or indirectly with any evidence against him or her, for the purpose of enabling that person to avoid arrest or conviction or escape from arrest.

PART XI
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

133. Judicial corruption-

(1) A judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by the judicial officer in his or her judicial capacity.

(2) A judicial officer, and every Registrar or Deputy Registrar of any court, is liable to imprisonment for a term not exceeding seven (7) years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his official capacity, not being an act or omission to which subsection (1) applies.


134. Bribery of judicial officer, etc-

(1) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by a judicial officer in his or her judicial capacity.

(2) Anyone is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any court in respect of any act or omission by him or her in his official capacity, not being an act, or omission to which subsection (1) applies.


135. Corruption and bribery of a Minister of the Government of Samoa-

(1) A Minister, Associate Minister or Chief Executive Officer of the Government of Samoa is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a Minister, Associate Minister or Chief Executive Officer.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister, Associate Minister or Chief Executive Officer of the Government of Samoa in respect of any act or omission by him or her in his or her capacity as a Minister, Associate Minister or Chief Executive Officer.

(3) No person shall be prosecuted for an offence against this section without the consent of the Attorney-General of Samoa. Notice of the intention to apply for such consent shall be given to the person whom it is intended to prosecute, and he or she shall have an opportunity of being heard against the application.


136. Corruption and bribery of member of Parliament-

(1) A Member of Parliament is liable to imprisonment for a term not exceeding seven (7) years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a member of Parliament.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Member of Parliament in respect of any act or omission by him or her in his or her capacity as a Member of Parliament.

(3) No person shall be prosecuted for an offence against this section without the consent of the Attorney-General of Samoa. Notice of the intention to apply for such consent shall be given to the person whom it is intended to prosecute, and the person shall have an opportunity of being heard against the application.


137. Corruption and bribery of law enforcement officer-

(1) A law enforcement officer is liable to imprisonment for a term not exceeding seven (7) years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his official capacity.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any law enforcement officer in respect of any act or omission by the law enforcement officer in his or her official capacity.


138. Corruption and bribery of official-

(1) An official is liable to imprisonment for a term not exceeding seven (7) years who, whether within Samoa or another country, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by the official in his or her official capacity.

(2) A person is liable to imprisonment for a term not exceeding seven (7) years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by the official in his or her official capacity.


139. Perjury-

(1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of witness’s evidence upon oath or affirmation, whether such evidence is given in open court or by affidavit or otherwise, such assertion being known to the witness to be false.

(2) A proceeding is judicial within the meaning of this section which is held before any Court, or before any judicial officer or other person having power to take evidence on oath or affirmation.

(3) A person who commits perjury is liable to imprisonment for a term not exceeding five (5) years.


140. Fabricating evidence -

A person is liable to imprisonment for a term not exceeding three (3) years who, with intent to mislead any Court of Justice or any judicial officer in the exercise of his or her functions as such, fabricates evidence by any means other than perjury.


141. Conspiring to defeat justice -

A person is liable to imprisonment for a term not exceeding three (3) years who conspires or attempts to obstruct, prevent, pervert, or defeat the course of justice in any cause or matter, civil or criminal.


142. Breaking prison -

A person is liable to imprisonment for a term not exceeding five (5) years who by force or violence breaks any prison with intent to set at liberty himself, herself or any other person detained therein.


143. Escape-

(1) Anyone is liable to imprisonment for a term not exceeding two (2) years who, being in lawful custody, whether in a prison or another place escapes from it.

(2) In this section and section 144 “lawful custody” means the detention of a person by due process of law, whether the person be under arrest, police or gaol escort, serving a term of imprisonment or otherwise; custody under an irregular warrant or other irregular process shall be deemed to be lawful.


144. Rescue -

A person is liable to imprisonment for a term not exceeding two (2) years who rescues any person from lawful custody, whether in a prison or another place, or who assists any person to escape from such custody, or who aids, harbours, conceals, or shelters any person who has escaped from such custody, knowing that person to have so escaped.


145. Threatening words or behaviour to member of parliament or officer -

A person is liable to imprisonment for a term not exceeding six (6) months or to a fine not exceeding 500 penalty units who uses any threatening, abusive or insulting words or behaviour towards or in respect of any member of parliament or any officer or employee of the Government, while he or she is performing any official duty or exercising any official power.

PART XIX
MISCELLANEOUS PROVISIONS

222. Contempt of Court-

(1) If any person:

(a) assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the court, or any assessor, or any witness, during his or her sitting or attendance in court, or in going to or returning from the court; or
(b) wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or
(c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings,

any constable or officer of the court, with or without the assistance of any other person, may, by order of the Judge, take the offender into custody and detain the person until the rising of the court.

(2) In any such case as aforesaid, the Judge, if he or she thinks fit, may sentence the offender to imprisonment for any period not exceeding three (3) months, or sentence him or her to pay a fine not exceeding 10 penalty units for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding three (3) months, unless the fine is sooner paid.

(3) Nothing in this section shall limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

PART I
PRELIMINARY

3. Interpretation -
(1) In this Act, unless the contest otherwise requires – “court” means the Supreme Court; “crime within the jurisdiction of the ICC” means:

(b) an offence against the administration of justice over which the ICC has jurisdiction under article 70 of the Statute;
“ICC” means the International Criminal Court established under the Statute;
“ICC prisoner” means a person on whom a sentence of imprisonment has been imposed by the ICC and includes a person who is held in custody at the request of the ICC during a sitting of the ICC in Samoa;
“judge” means a judge of the Supreme Court; “Minister” means the Minister of Justice;
“Pre-Trial Chamber” means the Pre-Trial Chamber of the ICC;
“property” means movable or immovable property of every description, whether situated in Samoa or elsewhere and whether tangible or intangible and includes an interest in any such movable or immovable property;
“Prosecutor” means the Prosecutor of the ICC;
“restraining order” means an order prohibiting any person from dealing in the property specified in the order other than in accordance with the conditions and exceptions specified in the order;
“Rules” means the Rules of Procedure and Evidence adopted under article 51 of the Statute;
“seizing order” means an order authorising a police officer to search for any property and to seize the property if found or any other property that the police officer believes on reasonable grounds may relate to the request from the ICC;
“Statute” means the Rome Statute of the ICC set out in Schedule 1 to this Act;
“Trial Chamber” means the Trial Chamber of the ICC;
“conventional international law” means a convention, treaty or other international agreement to which Samoa is a party and for the time being in force.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


17. Corruption of Judge etc. -

(1) A Judge who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for themselves or any other person in respect of an act –
(a) done or omitted to be done by that Judge in the Judge’s judicial capacity; or
(b) to be done or to be omitted to be done by that Judge in the Judge’s judicial capacity, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 7 years.

(2) A Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act –
(a) done or omitted to be done by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor, in the person’s official capacity (other than an act or omission to which subsection (1) applies); or
(b) to be done or to be omitted to be done by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor in the person’s official capacity (other than an act or omission to which subsection (1) applies), shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(3) In this section and in sections 18 and 23 –
“Deputy Registrar” means a Deputy Registrar of the ICC;
“Judge” means a Judge of the ICC;
“Registrar” means the Registrar of the ICC
“Prosecutor” means the Prosecutor of the ICC; and
“Deputy Prosecutor” means a Deputy Prosecutor of the ICC.


18. Bribery of Judge etc. -

(1) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in the Judge’s judicial capacity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(2) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor or in respect of an act or omission by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor in the person’s official capacity (other than an act or omission to which subsection (1) applies) shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.


19. Corruption and bribery of official of ICC -

(1) An official of the ICC who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for themselves or any other person in respect of an act –

(a) done or omitted to be done by that officer in the person’s official capacity; or
(b) to be done or to be omitted to be done by that officer in the person’s official capacity, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(2) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in the person’s official capacity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(3) In this section and in section 23, “official of the ICC” means a person employed under article 44 of the Statute.


20. False evidence -

(1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Samoa as evidence on oath, would constitute perjury, shall be deemed to have given false evidence.

(2) Every person, who in Samoa or elsewhere, gives false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 2 years.


21. Fabricating evidence before ICC -

Every person who, in Samoa or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than by the giving of false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.


22. Conspiracy to defeat justice in ICC -

Every person who, in Samoa or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice, shall be guilty of an offence and shall be liable, on conviction to imprisonment for a term not exceeding 3 years.


23. Interference with witnesses or officials -

Every person who, in Samoa or elsewhere –

(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or
(b) makes threats or uses force against any Judge, the Registrar, or a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC with intent to influence or punish that person, in respect of an act –
(i) done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or
(ii) to be done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or
(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.


24. Jurisdiction to try offences under sections 17 to 23 -

(1) Where an act constituting an offence under sections 17 to 23 is committed by any person outside the territory of Samoa, proceedings may be instituted against that person for that offence in Samoa, if –

(a) the offence is committed in Samoa;
(b) the person is a citizen or permanent resident of Samoa;
(c) the person has committed the offence against a citizen or permanent resident of Samoa; or
(d) the person is, after the commission of the offence, present in Samoa.


25. Trial of offences committed outside Samoa –

Where an act constituting an offence under this Part of this Act is alleged to have been committed by a person outside the territory of Samoa, proceedings may be instituted against such person for that offence in any court in Samoa having jurisdiction to try such offences, and such court shall have all the powers to try such offence as if the offence had been committed within the territorial limits of the court’s jurisdiction.


26. Attorney General’s consent required for prosecutions under sections 17 to 23 -

(1) No proceedings for an offence under sections 17 to 23 shall be instituted in any court in Samoa except with the consent of the Attorney General.

(2) Notwithstanding anything in subsection (1), a person charged with an offence under sections 17 to 23 may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General for the institution of proceedings against that person for that offence has not been obtained, but no further steps shall be taken in the proceedings until that consent has been obtained.