PART III OFFENCES AGAINST RIGHTS OF PROPERTY AND RIGHTS ARISING OUT OF CONTRACTS
TITLE 17 – FORGERY AND SIMILAR OFFENCES
246. Everyone who forges or fraudulently alters, or offers, utters, disposes of, or puts off, knowing it to be forged or fraudulently altered, any record, writ, return, panel, process, rule, pleading, sentence, order, warrant, interrogatory, deposition, affidavit, affirmation, or recognizance, or any original document whatsoever of or belonging to any court of record in Guyana, or any document or writing, or any copy of any document or writing, used or intended to be used as evidence therein, shall be guilty of felony and liable to imprisonment for seven years.
247. Everyone who—
(a) being the Registrar or clerk of any court of justice, or other officer having the custody of the records thereof, or being the deputy of that Registrar, clerk, or officer, utters any false copy or certificate of any of those records, knowing it to be false; or
(b) being other than the Registrar, clerk, officer or deputy, signs or certifies any copy or certificate of any of those records as the Registrar, clerk, officer, or deputy; or
(c) forges or fraudulently alters, or offers, utters, disposes of, or puts off, knowing it to be forged or fraudulently altered, any copy or certificate of any of those records; or
(d) offers, utters, disposes of, or puts off any copy or certificate, of any of those records, having thereon any false or forged name, handwriting, or signature, knowing it to be false or forged; or
(e) forges the seal of any court of record in Guyana; or
(f) forges or fraudulently alters any process of any court of justice, not being a court of record, in Guyana; or
(g) serves or enforces any forged process of any court of justice, knowing it to be forged, or delivers, or causes to be delivered, to any person any paper falsely purporting to be that process or a copy thereof, or to be any judgment, sentence, decree, or order of any court of justice or a copy thereof, knowing it to be false, or acts, or professes to act, under the false process, knowing it to be false,
shall be guilty of felony and liable to imprisonment for seven years.
248. Everyone who with intent to defraud forges or alters, or offers, utters, disposes, or puts off, knowing it to be forged or altered, any summons, conviction, order, or warrant of any magistrate or justice of the peace, or any recognizance purporting to have been entered into before any magistrate or justice of the peace or other officer authorised to take it, or any examination, deposition, affidavit, affirmation, or solemn declaration taken or made before any magistrate or justice of the peace or any commissioner appointed to administer oaths to affidavits, shall be guilty of felony and liable to imprisonment for three years.
249. Everyone who forges or fraudulently alters, or offers, utters, disposes of, or puts off, knowing it to be forged or fraudulently altered, any written instrument which is made evidence by any written law for the time being in force, and for which offence no punishment is herein provided, shall be guilty of felony and liable to imprisonment for seven years.
PART IV OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE
TITLE 21 – PERJURY AND SIMILAR OFFENCES
324. Everyone who commits wilful and corrupt perjury, or subornation of perjury, in order to procure the conviction of any person for any indictable offence punishable with death, or imprisonment, shall be guilty of felony and liable to imprisonment for life.
325. Everyone who commits wilful and corrupt perjury or subornation of perjury, in any case other than that mentioned in the last preceding section, shall be guilty of a misdemeanour and liable to imprisonment for seven years.
326. (1) Where two or more inconsistent or contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully made on oath by one and the same witness in any judicial proceeding or proceedings, whether before the same Court or tribunal or person or not, such witness shall be guilty of a misdemeanour and liable to fine and to imprisonment for two years.
(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of either of the inconsistent or contradictory statements, but, upon proof that both the statements were made by him, the jury, or the Court, as the case may be, if satisfied that the statements, or either of them, were or was made with intent to deceive the Court, tribunal, or person before whom the statements, or either of them were or was made, shall convict the defendant.
327. Everyone who, being required or authorised by law to make any statement, either upon oath or in any form permitted to be substituted for an oath, thereupon makes a statement which would amount to perjury if made in a judicial proceeding, shall, in any case not expressly provided for by any written law for the time being in force, be guilty of a misdemeanour and liable to imprisonment for two years.
328. If anyone conspires with another to prosecute any person for an alleged offence knowing that person to be innocent thereof, the offender shall be guilty of felony and liable—
(a) to imprisonment for life if the person prosecuted, or intended to be prosecuted, in pursuance of the conspiracy might, on conviction for the alleged offence, be sentenced to death or imprisonment for life;
(b) to imprisonment for fourteen years if the person prosecuted, or intended to be prosecuted, in pursuance of the conspiracy might, on conviction for the alleged offence, be sentenced to imprisonment for more than two years but not to imprisonment for life; for any term less than life; and
(c) to imprisonment for seven years if the person prosecuted, or intended to be prosecuted, in pursuance of the conspiracy might, on conviction for the alleged offence, either on indictment or before a magistrate‘s court, be sentenced to imprisonment but not for a term exceeding two years.
329. Everyone who conspires with any person to obstruct, prevent, pervert, or defeat the course of justice shall be guilty of a misdemeanour and liable to imprisonment for two years.
330. Everyone who wilfully attempts in any way, though not otherwise criminal, to obstruct, prevent, pervert, or defeat the course of justice or the administration of the law, shall be guilty of a misdemeanour and liable to imprisonment for one year.
331. Everyone who—
(a) dissuades or attempts to dissuade any person, by any threat, bribe, or other corrupt means, from giving evidence in any cause or matter, whether civil or criminal; or
(b) influences or attempts to influence by any threat, bribe, or other corrupt means, any juror in his conduct as juror, whether he has been sworn as a juror or not; or
(c) accepts any bribe or other corrupt consideration to abstain from giving evidence in any cause or matter, whether civil or criminal, or on account of his conduct as a juror,
shall be guilty of a misdemeanor and liable to imprisonment for two years.
PART IV OFFENCES AGAINST PUBLIC ORDER AND THE ADMINISTRATION OF JUSTICE
TITLE 22 – BRIBERY AND CORRUPTION
333. Everyone who, being or expecting to be a public servant, accepts, or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, whether pecuniary or otherwise, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person with the legislative or executive government of Guyana or with any public servant as a public servant, shall be guilty of a misdemeanour and liable to imprisonment for three years.
334. Everyone who accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, whether pecuniary or otherwise, as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or, in the exercise of his official functions, to show favour or disfavour to any person or to render or attempt to render any service or disservice to any person with the National Assembly, or the executive government of Guyana, or with any public servant, as a public servant, shall be guilty of a misdemeanour and liable to imprisonment for three years.
335. Everyone who accepts, or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, whether pecuniary or otherwise, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or, in the exercise of his official functions to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the National Assembly, or the executive government of Guyana, or with any public servant, as a public servant, shall be guilty of a misdemeanour and liable to imprisonment for one year.
336. Every person who, being a public servant in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be guilty of a misdemeanour and liable to imprisonment for three years.
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.