National penalties - offences against the administration of justice

Botswana

Botswana - Penal Code 1964 (2005) EN

PENAL CODE OF BOTSWANA

PART II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

113. Punishment of perjury and subornation

Any person who commits perjury or suborns perjury is liable to imprisonment for a term not exceeding seven years.

PENAL CODE OF BOTSWANA

PART II- Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

116. Fabricating evidence

Any person who with intent to mislead any tribunal in any judicial proceeding-

(a) fabricates evidence by any means other than perjury or subornation of perjury; or

(b) knowingly makes use of such fabricated evidence, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.

Rome Statute

Article 70 Offences against the administration of justice

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.