Offences against administration of justice

Palestine

Palestine - Basic Law 2003 (2005) EN

Article 106
Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him.

Palestine - Criminal Procedure Code 2001 EN

Article (189)
2. If a person present during the convocation of the session displays a sign of approval or protest, causes noise in any way, or otherwise disrupts the orderly progress of the session, the judge orders him evicted from the court.

3. If he refuses to comply or returns after his eviction, the president sentences him to imprisonment for a term of not more than three days. The sentence is mandatory.

4. If the disruption occurs from someone who performs a function in court, the president may impose such disciplinary penalty on him during the session as his superior is entitled to inflict.

Article (193)
If, during or by reason of the performance of his duty, counsel for one of the parties commits an act which renders him criminally liable or which may be qualified as disruptive of order, the president of the court has minutes recording the incident transcribed. The court may decide to send the minutes to the Attorney General to conduct an investigation if the act gives rise to criminal liability or to the president of the Bar Association if it gives rise to civil liability. Neither the president nor the members of the session at which the incident occurred may serve as members of the court seised of the case.

Article (193)
If, during or by reason of the performance of his duty, counsel for one of the parties commits an act which renders him criminally liable or which may be qualified as disruptive of order, the president of the court has minutes recording the incident transcribed. The court may decide to send the minutes to the Attorney General to conduct an investigation if the act gives rise to criminal liability or to the president of the Bar Association if it gives rise to civil liability. Neither the president nor the members of the session at which the incident occurred may serve as members of the court seised of the case.

Article (261)
If it appears during the trial that the testimony given by a witness under oath in respect of a fact related to the case substantively contradicts his testimony in the preliminary investigation, he is deemed guilty of perjury and the court may condemn him for such crime and, in the light of the circumstances of the case, sentence him to the penalty prescribed therefor.

Article (273)
2. In the event it is established that a statement made by one of the accused or one of the witnesses was obtained by coercion or under threat, such statement is disregarded and not held against him.

Palestine - Penal Code 1936 EN

106. any person who;
(a) being employed in the public service, and being charged with the performance of any duty by virtue of such employment, corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office; or

(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for any person employed in the public service, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed ;

is guilty of a misdemeanor

131. (1) any person who
(a) by speech or writing uses any words of any judge, whether of a court of a civil, criminal or religious juris-diction or any magistrate, in respect of I his office with intent to defame him in that capacity; or
(b) publishes any invective against a judge, whether of a court of a civil, criminal or religious jurisdiction or any magistrate, with a view to bring the administration of justice into suspicion or contempt ;

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

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.

4.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.