PART II
JURISDICTION

4. Application-

(1) This Act applies to all offences for which the offender may be proceeded against and tried in Samoa.

(2) This Act applies to all acts done or omitted in Samoa.

(3) Subject to subsection (4), no act done or omitted outside of Samoa is an offence unless it is an offence by virtue of any provision of this Act or of any other enactment.

(4) For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in Samoa, the offence shall be deemed to be committed in Samoa, whether the person charged with the offence was in Samoa or not at the time of the act, omission, or event.

(5) The Court of Appeal, the Supreme Court and the District Court shall have jurisdiction to hear and determine any matter for which this Act or any other law provides such court with jurisdiction irrespective of whether any act or omission or event occurs in Samoa or any other place.


5. Persons not to be tried in respect of things done outside of Samoa -

Subject to the provisions of section 6, no act done or omitted outside Samoa is an offence, unless it is an offence by virtue of any provision of this Act or of any other enactment.


6. Place of commission of offence -

For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in Samoa, the offence shall be deemed to be committed in Samoa, whether the person charged with the offence was in Samoa or not at the time of the act, omission, or event.


7. Jurisdiction in respect of crimes on ships or aircraft beyond Samoa-

(1) This section applies to any act done or omitted beyond Samoa by any person:

(a) on board any Samoan registered ship; or
(b) on board any Samoan aircraft; or
(c) on board any ship or aircraft, if that person arrives in Samoa on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or
(d) being a citizen of Samoa, on board any foreign ship (not being a ship to which he or she belongs) on the high seas; or
(e) being a Samoan citizen or a person ordinarily resident in Samoa, on board any aircraft provided that paragraph (c) does not apply where the act was done or omitted by a person, not being a citizen of Samoa, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of any country; or
(f) being a Samoan citizen or a person ordinarily resident in Samoa, on board any ship or aircraft as a servant or an officer of the Government of Samoa.

(2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within Samoa, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), then, subject to the provisions of this Act and of that other enactment, he or she shall be liable on conviction as if the act or omission had occurred in Samoa: provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.

(3) Where at any place beyond Samoa any person who belongs, or within three (3) months previously has belonged, to any Samoan registered ship does or omits any act, whether on shore or afloat, not being an act, or omission to which subsection (1) applies, and that act or omission would, if it occurred within Samoa, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as if it had occurred on board a Samoan registered ship.

(4) This section shall be read subject to the provisions of section 221.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

13. Jurisdiction to try offences under sections 5, 6 or 7 -

(1) Where an act constituting an offence under sections 5, 6 or 7 is committed, proceedings may be instituted against that person for that offence in Samoa, if –

(a) the offence is committed in Samoa;

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.