CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

62. False Evidence

A person is said to give false evidence when :

In any investigation or any matter carried out under the authority of Shari ’ah or Law or by a person authorized to carry out such investigation or matter under the Shari ’ah or Law to make an untrue declaration upon any such subject or to make a declaration hoping that it is or ought to be true or making a declaration not knowing or not confirming the true or untrue nature of that subject matter.

Any document, thing, gesture, writing, deletion or any other thing done which in an investigation or matter conducted under the authority of the Law or by a person authorized by such Shari ’ah or Law used or is likely to be used in any such proceeding and any person involved in such investigation or matter, any responsible official or judge makes a false opinion about the matter, or forms an erroneous understanding or opinion or decides the matter based on such erroneous opinion, and if such act could be reasonably construed to be likely under those circumstances giving of such declaration shall also be considered as giving false evidence. And where a person signs a document as a witness while there is an untrue statement in that document and signs the document as a true document and depending upon how such document maybe used subsequently the person who signs that document can be considered to have given false evidence. This shall be determined by the judge.

CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

63. Penalty for giving false evidence

Whoever gives false evidence shall be punished with imprisonment not exceeding 1 year or subjected to fine not exceeding Mrf. 1,000.00 or exile or house detention not exceeding 2 years.

CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

68. False oath

False oath for the purposes of this Law shall mean where the claimant is bound to give an oath in circumstances where he does not have any evidence to prove the claim instituted by him or where an oath is given by the defendant in accordance with the principals of Shari ’ah, where such oath is made before a judge in the name of god and on untrue premise.

69. Penalty for giving false Oath

Whoever makes a false oath shall be subjected to a punishment of imprisonment not exceeding 1 year or a fine not exceeding Mrf. 1,000.00 or exile not exceeding 2 years.

CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

70. Concealment of evidence in relation to a capital offence

Where whoever in a proceedings of a capital offence conceals any evidence of the commission of the offence or does any act that prevents any person searching for such evidence to fail in his endeavor or makes a statement with the intention to conceal or to deceive such evidence shall be subjected to a punishment of exile or imprisonment between a period of 2 years and 4 years or to a fine between Mrf. 300.00 and Mrf. 4,000.00.

71. Concealing evidence relating to offence for which punishment is a period of imprisonment or jail exceeding 10 years

Whoever conceals or does any act to prevent such evidence from being produced in relation to an offence for which the punishment prescribed is life imprisonment or life exile or exile or imprisonment for a period exceeding 10 years shall be subjected to exile or imprisonment for a period not exceeding 3 years or to a fine between Mrf. 200.00 and Mrf. 2,000.00

CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

73. Concealment or destruction of document required for justice

Whoever conceals, destroys, puts fire on or loses a document that is required before Judicial proceedings or before a responsible official authorized by Law for the purposes of administering justice and where it is done in defense of the offender or offenders shall be subjected to a punishment of exile or imprisonment not exceeding 2 years or a fine not exceeding Mrf. 500.00.

CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

80. Public servant committing unlawful act to mitigate person’s punishment

Every public servant who commits an unlawful act for the purposes of saving a person from punishment or to mitigate the sentence awarded in respect of an offence committed by that person, he shall be subjected to exile or imprisonment not exceeding 2 years or a fine not exceeding Mrf. 1,000.00.

Where any steps taken by public servants contrary to Law are suitable to facilitate prevention of punishment of an offender or mitigation of his punishment, such steps taken by public servants shall fall within the purview of this section. Any intentional alteration made by a public servant to a document of Shari ’ah or Law is also included within this Section.

CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law

85. Interruption of lawful judicial or legal proceedings

a. Whoever commits an act that is likely to interrupt or cause inconvenience to judicial or legal proceedings lawfully being conducted (except committing assault on the judge, person in his office or his officer) and does that act in contravention of Law and with intention or after having given a warning shall be subjected to a fine not exceeding Mrf. 500.00.

b. Where any act specified in Sub-section a. was committed intentionally involving assault on the
judge, his officer or staff, the offender shall be subjected to exile or imprisonment not exceeding 1 year or a fine not exceeding Mrf. 1,000.00.

c. Where any acts specified in Sub-section a. was committed intentionally involving assault on the judge, or judges the offender shall be subjected to exile or imprisonment not exceeding 2 years or a fine not exceeding Mrf. 1,500.00

d. Where an act specified in Sub-section a., b. and c. were committed being armed with a sword, a gun, sharp object or any other thing which if used as a weapon of offence can be likely to cause death of a person, then the offence mentioned in each of those Sub-sections shall be multiplied by three times and so shall be multiplied the punishment given in respect thereof.

CHAPTER 510. BRIBERY AND OFFICIAL MISCONDUCT OFFENSES
Section 511 – Influencing Official Conduct

(a) Offense Defined. A person commits an offense if, with the purpose

of influencing the exercise of official authority by a person who is or will be a

public official,

(1) he commits, or threatens to commit, an offense or,

(2)directly or indirectly communicates with a public official in any

manner prohibited by law

(b) Grading.(1) The offense defined in Subsection (a) (1) of this Section is a Class 4

felony.

(2) The otherwise the offense shall be a Class 5 Felony.

Section 512 – Official Misconduct

(a) Offense Defined. A person commits an offense if, being a public

official acting in his official capacity, he knowingly:

(1) fails to perform a mandatory duty as required by law, or

(2) performs an act that is not lawfully authorized.

(b) Grading. The offense is a Class 1 misdemeanor.

(c) Sentencing Factor. The baseline sentence provided in the Guideline

Sentence Table of Section 1004 for any offense under this Section is

aggravated one level if the public official commits the offense in exchange for

a benefit to himself or to a close relative or friend.

Section 513 – Misuse of Government Information or Authority to Obtain a

Benefit

(a) Misuse of Confidential Information. A person commits an offense if

he uses:

(1) confidential information to which he had access by virtue of

his status as a public official,

(2) for the purpose of obtaining a benefit for himself or for

another person to which he is not entitled.

(b) Misuse of Official Authority. A person commits an offense if he:

(1) uses or influences official authority in his capacity as a public

official,

(2) for the purpose of obtaining a benefit for himself or for

another person to which he is not entitled.

(c) Grading. The offenses are Class 4 felonies.

Section 514 – Unauthorized Disclosure of Confidential Information

(a) Offense Defined. A person commits an offense if:

(1) knowing that he is in violation of a duty imposed on him as a

public official,

(2) he discloses confidential information that he has acquired as a

public official.

(b) Grading. The offense is a Class 1 misdemeanor.

CHAPTER 520. PERJURY AND OTHER OFFICIAL FALSIFICATION OFFENSES
Section 520 – Perjury

(a) Offense Defined. A person commits an offense if:

(1) he makes a false statement;

(2) that he does not believe to be true:

(A) under oath or equivalent affirmation, or

(B) in swearing or affirming the truth of a statement

previously made; and

(3) the statement is made in an official proceeding.

(b) Defense for Retraction. A person does not commit an offense if:

(1) he retracts the falsification in the course of the proceeding in

which it was made,

(2) before it became manifest that the falsification was or would

be exposed, and

(3) before the falsification substantially affected the proceeding.

(c) Irregularities No Defense. It is not a defense to prosecution under

this Section that the oath or affirmation was administered or taken in an

irregular manner or that the declarant was not qualified to make the statement.

A document purporting to be made upon oath or affirmation at any time when

the actor presents it as being so verified shall be deemed to have been duly

sworn or affirmed.

(d) Corroboration. A person does not commit an offense if proof of

falsity rests solely upon contradiction by testimony of a single person other

than the defendant.

(e) Grading. The offense is a Class 1 misdemeanor.

(f) Definitions. An “official proceeding” means a proceeding heard by

or which may be heard before any legislative, judicial, administrative or other

governmental agency or official authorized to take evidence under oath,

including any referee, hearing examiner, commissioner, notary or other person

taking testimony or a deposition in connection with any such proceeding.

CHAPTER 520. PERJURY AND OTHER OFFICIAL FALSIFICATION OFFENSES
Section 521 – Unsworn Falsification to Authorities

(a) Written Falsification. A person commits an offense if:

(1) with the purpose of misleading a public official or law

enforcement officer in performing his official function, or

(2) in an official proceeding,

(3) he:

(A) makes a written false statement that he does not

believe to be true, or

(B) knowingly omits information necessary to prevent a written statement from being misleading.

(b) False Statements. A person commits an offense if:

(1) he makes a false statement,

(2) that he does not believe to be true, and

(3) that statement is intended to mislead a public official or law

enforcement officer in performing his official function.

(c) Exception. A person does not commit an offense under Subsection

(a) or (b) if the written falsification or false statement is not material.

(d) Definition. “Law enforcement officer” means a person who by

virtue of his office or public employment is vested by law with a duty to

maintain public order or to make arrests for offenses, whether that duty extends

to all offenses or is limited to specific offenses.

(e) Grading. The offense is a Class 1 misdemeanor.

Section 522 – False Reports to Law Enforcement

CHAPTER 520. PERJURY AND OTHER OFFICIAL FALSIFICATION OFFENSES
Section 523 – False Alarms to Agencies of Public Safety

(a) Offense Defined. A person commits an offense if he:

(1) knowingly causes a false alarm of fire or other emergency,

(2) to be transmitted to an organization dealing with emergencies

involving danger to life or property.

(b) Grading. The offense is a Class 2 misdemeanor

CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE
Section 530 – Obstructing Justice

(a) Offense Defined. A person commits an offense if, with the purpose

of preventing the apprehension of or to obstruct the prosecution or defense of a

person, he knowingly:

(1) warns that person of impending discovery or apprehension; or

(2) destroys, alters, conceals, or disguises physical evidence,

plants false evidence, furnishes false information, regardless of its

admissibility in evidence; or

(3) induces a witness having knowledge material to the subject at

issue to leave the State or to conceal himself; or

(4) deters a witness from testifying freely, fully, or truthfully; or

(5) possessing knowledge material to the subject at issue, he

leaves the State or conceals himself.

(6) Subsection (a) (1) does not prohibit giving advice or warning

to bring another into compliance with law.

(b) Grading. The offense is a Class 4 felony.

.CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE
Section 532 – Resisting or Obstructing a Law Enforcement Officer or

Custodial Officer

(a) Offense Defined. A person commits an offense if:

(1) he knowingly resists, obstructs, or interferes with the

performance of an authorized act within the official capacity of a person

as defined in subsection (2) of this section,

(2) whom he knows to be a law enforcement officer or custodial

officer.

(b) Definition. “Custodial officer” means:

(1) a person employed to supervise and control inmates

incarcerated in, or in the custody of, a correctional institution, or

(2) a person employed to supervise and control persons who have

been civilly committed or are being detained awaiting civil

commitment.

(c) Grading. The offense is a Class 1 misdemeanor.

.CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE
Section 532 – Resisting or Obstructing a Law Enforcement Officer or

Custodial Officer

(a) Offense Defined. A person commits an offense if:

(1) he knowingly resists, obstructs, or interferes with the

performance of an authorized act within the official capacity of a person

as defined in subsection (2) of this section,

(2) whom he knows to be a law enforcement officer or custodial

officer.

(b) Definition. “Custodial officer” means:

(1) a person employed to supervise and control inmates

incarcerated in, or in the custody of, a correctional institution, or

(2) a person employed to supervise and control persons who have

been civilly committed or are being detained awaiting civil

commitment.

(c) Grading. The offense is a Class 1 misdemeanor.

.CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE
Section 533 – Obstructing Administration of Law or Other Government

Function

(a) Offense Defined. A person commits an offense if he:

(1) knowingly obstructs, impairs, or perverts the administration

of law or other governmental function by

(2) (A) physical interference or obstacle, breach of official

duty, or any unlawful act; or

(B) failing to report income, revenue, or other information

for which reporting is required by law to revenue officers or other

public officials who collect taxes; or

(C) failing to pay taxes or duties owed.

(b) Definition. “Public Official” shall include in its meaning members of

the Executive, Legislature, Judiciary and Independent Institutions. Such

persons shall include Judges, Members of Parliament, and persons contending

for elected posts of the State.

(c)Grading. The offense is a Class 1 misdemeanor.

.CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE
Section 536 – Concealing or Aiding a Fugitive

(a) Offense Defined. A person commits an offense if:

(1) with the purpose of preventing the apprehension of an

offender,

(2) he harbors, aids, or conceals the offender,

(3) unless he stands in the relation of husband, wife, parent, child,

brother, or sister to the offender.

(b) Grading.

(1) Concealing or Aiding a Felon. The offense is a Class 5 felony

if the offender is charged with a felony.

(2) Concealing or Aiding a Fugitive. Otherwise the offense is a

Class 1 misdemeanor.

.CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE
Section 538 – Permitting Escape

(a) Offense Defined. A person commits an offense if:

(1) he causes or facilitates a prisoner to escape, or

(2) being a correctional employee, he permits a prisoner in his

custody to escape.

(b) Definition. “Correctional employee” means

(1) an elected or appointed officer, trustee, or employee of a

correctional institution or of the governing authority of the correctional

institution, or

(2) a person who performs services for the correctional institution

pursuant to contract with the correctional institution or its governing

authority, including a person employed to supervise and control inmates

incarcerated in, or in the custody of, a correctional institution.

(c) Grading.

(1) Permitting Escape by a Felon. If the offense upon which

detention is based is a felony, the offense is a Class 1 misdemeanor.

(2) Permitting Escape. Otherwise the offense is a Class 2

misdemeanor.

.CHAPTER 530. INTERFERENCE WITH GOVERNMENTAL OPERATIONS AND

ESCAPE

Section 540 – Intimidating, Improperly Influencing, or Retaliating Against

a Witness, Voter, or Other Person Performing a Public Duty

(a) Offense Defined. A person commits an offense if:

(1) with the purpose of:

(A) deterring a party or witness from testifying freely,

fully, or truthfully in a legal proceeding; or

(B) annoying, harassing, influencing, intimidating, or

victimizing a witness, voter, or other person because of that

person’s past, present, or potential future testimony, vote, or

other act or omission related to his performance of a public duty;

(2) he:

(A) commits, or threatens to commit, an offense likely to

cause serious bodily injury, unlawful restraint, or substantial

property damage to another; or(B) commits or threatens any other offense; or

(C) offers or gives a benefit not authorized by law; or

(D) communicates, directly or indirectly, with such other

person in a manner prohibited by law.

(b) Grading.

(1) Felonious Interference. The offenses in Subsections (a)(2)(A)

through (2)(C) are Class 5 felonies.

(2) Interference. Otherwise the offense is a Class 1

misdemeanor.