PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

108. Perjury and subornation of perjury
(a) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed perjury.
(b) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law.
(c) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assent to the forms and ceremonies actually used.
(d) It is immaterial whether the false testimony is given orally or in writing.
(e) It is immaterial whether the court or tribunal is properly constituted,mor is held in the proper place or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.
(f) It is immaterial whether the person who gives the testimony is a
competent witness or not, or whether the testimony is admissible in the proceeding or not.
(2) Any person who aids, abets, counsels, procures or suborns another person to commit perjury is guilty of the misdemeanour termed subornation of perjury.

109. False statements by interpreters
If any person, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

114. False swearing
Any person who swears falsely or makes a false affirmation or declaration before any person authorized to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury, is guilty of a misdemeanour.

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

107. False evidence
(1) A person subject to this Act who, having been lawfully sworn as a witness or as an interpreter in proceedings before a court-martial or before any board or person having power under this Act to administer oaths, makes a statement that is material in those proceedings, knowing it to be false, or not believing it to be true, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any lesser punishment provided for by this Act.

(2) A person shall not be liable of an offence under this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

PART I—PRELIMINARY

Offences Against Administration of Justice

12. (1) A person who, with intent to
mislead, makes a false statement under
oath or solemn affirmation before a judge of
the ICC or an official of that Court who is
authorized by the Court to permit statements
to be made before him, knowing that the
statement is false, is guilty of the offence of
perjury and liable on conviction to
imprisonment for a term of not more than
seven years.
(2) Subsection (1) shall apply—

(a) whether or not the statement is made in judicial proceedings of the ICC; and
(b) whether the statement is made by affidavit, solemn declaration or deposition or orally.
(3) Subsection (1) shall not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.

PART I—PRELIMINARY

Offences Against Administration of Justice

14. Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in any existing or proposed proceedings of the ICC, by any means other than perjury or incitement to perjury, is guilty of an offence and liable on conviction to imprisonment for a term of not more than seven years.