Offences against administration of justice

Ghana

Ghana - Criminal Code 1960 EN

PART III—OFFENCES AGAINST RIGHTS OF PROPERTY

CHAPTER 2—FORGERY

Section 158—Forgery of Judicial or Official Document.

Whoever, with intent to deceive any person, forges any judicial or official document, shall be guilty of second degree felony.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Perjury and Similar Offences

Section 210—Perjury.

(1) Whoever commits perjury shall be guilty of second degree felony.

(2) Whoever commits perjury with intent to cause the conviction of any person for any crime punishable with death, shall be guilty of first degree felony.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Perjury and Similar Offences

Section 213—Fabrication of Evidence

Whoever fabricates evidence, with intent to defeat, obstruct, or pervert the course of justice in any proceeding, shall be liable to the same penalties as if he had committed perjury in that proceeding.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Perjury and Similar Offences

Section 215—Deceit of Court by Personation etc.

Whoever with intent to defeat, obstruct, or pervert the course of justice, or to defraud or injure any person endeavours of justice, or to defraud or injure any person endeavours to deceive any court, or any judicial officer by personation, or by any false instrument, document, seal, or signature, shall be guilty of a misdemeanour.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Perjury and Similar Offences

Section 217—Causing Witness to Disobey Summons.

Whoever in any manner wilfully causes any person to disobey any summons, process, or order lawfully issued or made for his attendance as a witness in any judicial proceeding, or for the production by him of any written or other evidence in any judicial proceeding, is guilty of a misdemeanour.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Perjury and Similar Offences

Section 218—Causing Person to Refrain from Giving Evidence on Criminal Trial.

Whoever with intent to defeat, obstruct, or pervert the course of justice at the trial of any person for any crime, in any manner causes any person to refrain from giving evidence at such trial, is guilty of a misdemeanour.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Interference with Legal Proceedings

Section 222—Violence Against Judges, etc, in Legal Proceeding.

Whoever uses any violence with intent to deter any person from acting in any manner as a judge, arbitrator, umpire, assessor, juror, witness, counsel, agent, prosecutor, or party in any legal proceeding or enquiry, or from acting in execution of his duty in any judicial or official capacity, or from having recourse to any Court or public officer, or on account of his having so acted or had recourse, shall be guilty of a misdemeanour.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Interference with Legal Proceedings

Section 223—Disturbance of Court.

Whoever with force, threats, or tumult, hinders, interrupts or disturbs the proceedings of any Court, or wilfully and unlawfully, with force, threats, or tumult, hinders any person from entering or quitting any Court, or removes him therefrom, or detains him therein, shall be guilty of a misdemeanour.

PART IV—OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

CHAPTER 4—OFFENCES CONCERNING THE ADMINISTRATION OF JUSTICE

Interference with Legal Proceedings

Section 224—Insulting Court.

Whoever in the presence of any Court is guilty of contempt of Court by any insulting, opprobrious, or menacing acts or words, is guilty of a misdemeanour.

Ghana - Criminal Procedure Code 1960 (2003) EN

PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS

Summary Procedure in Perjury

Section 152 Perjury.
(1) The Court, if it appears to it that a person has been guilty of perjury in any proceeding before it, ma (a) commit him for trial upon indictment for perjury and bind any person by recognizance to gi
at the trial; or
(b) commit him to prison for any term not exceeding six months with or without hard labour, or sum not exceeding 150 penalty units, or impose both such penalties upon him, in each such c contempt of court.
(2) (a) Where, however, the Court is a District Court, the penalties shall be limited to th
imprisonment or to a fine of 100 penalty units or to both.
(b) On imposing any penalty as for a contempt of Court under this section, a Magistrate sha keep a minute recording of the facts of the penalty; and he shall forthwith send a copy of the appropriate Judge of the High Court.
(c) Except where the order of the Magistrate is set aside by a judge of the High Court any pen under this section shall be a bar to any other criminal proceedings in respect of the same amended by the Criminal Procedure Code (Amendment) Act, (Act 633), s. (14) (a), (b)]

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.