PART V
PARTIES TO THE COMMISSION OF OFFENCES

36. Accessory before the fact-

(1) A person is an accessory before the fact who, without becoming a party to any offence, knowingly helps any person to commit an offence.

(2) A person is an accessory before the fact in terms of subsection (1) despite the fact that the offence was committed in a manner different from that understood by that person.

(3) A person who is an accessory before the fact commits an offence of accessory before the fact and is liable to imprisonment for a term not exceeding 10 years, if the maximum penalty for that offence is imprisonment for life, or in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed that offence.

PART V
PARTIES TO THE COMMISSION OF THE OFFENCES

38. Conspiracy to commit an offence-

(1) A person who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omitting in Samoa would be an offence, commits the crime of conspiracy to commit that offence and is liable to imprisonment for a term not exceeding seven (7) years, if the maximum penalty for that offence exceeds seven (7) years, or in any other case is liable to the punishment as if he or she had committed that offence.

(2) The provisions of subsection (1) as to the penalty for conspiring to commit an offence do not apply where the punishment for the conspiracy is prescribed in any other enactment.

(3) Where under this section any one is charged with conspiring to do or omit anything anywhere outside Samoa, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.


39. Attempt to commit or procure commission of offence-

(1) A person who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum penalty for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum penalty to which he or she would have been liable if he or she had committed that offence.

(2) Everyone who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding five (5) years if such maximum penalty is imprisonment for 10 years or more; and in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed the crime.

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.