Part II – International Crimes and Offences Against The Administration of Justice

Offences against Administration of Justice

13. False evidence.
(1) A 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 Uganda as evidence on oath, would be perjury, gives false evidence.

(2) A person is liable, on conviction on indictment, to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere, gives false evidence.

(3) Notwithstanding subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

14. Fabricating evidence before ICC.
A person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.

CHAPTER X—OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE.

94. Perjury and subornation of perjury.

(1) Any person who in any judicial proceeding or for the purpose of instituting any judicial proceeding knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding commits the misdemeanour termed perjury.

(2) For the purposes of this section—

(a) it is immaterial whether—
(i) the testimony is given on oath or under any other sanction authorised by law;
(ii) the false testimony is given orally or in writing;
(iii) the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given;
(iv) the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not;

(b) the forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he or she assents to the forms and ceremonies actually used.

(3) Any person who aids, abets, counsels, procures or suborns another person to commit perjury is guilty of the misdemeanour termed subornation of perjury.

95. Contradictory statements.

(1) Where a witness in any judicial proceedings, other than a person accused of an offence to which the proceedings relate, makes a statement on oath or affirmation of some fact relevant in the proceedings contradicting in a material particular a previous statement made by the witness on oath or affirmation before a court during the same or any other judicial proceedings, the witness, if the court is satisfied that either of the statements made was made with intent to deceive, commits an offence and is liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of his or her statement mentioned in subsection (1).

(3) No prosecution under this section shall be commenced unless with the consent in writing of the Director of Public Prosecutions.

(4) In this section, “statement” includes a statement of evidence given during a criminal proceeding and certified by a magistrate.

96. False statements by interpreters.

Any person who, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he or she knows to be false, or does not believe to be true, commits perjury.

97. Punishment of perjury.

Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

98. Evidence on charge of perjury.

A person shall not be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.