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

Malawi

Malawi - Penal code 1930 (1999) EN

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

107. Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, shall be guilty of a misdemeanour.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

108. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of a misdemeanour.

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

109. Conspiracy to defeat justice and interference with witnesses
Any person who —

(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice ; or
(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so ; or
(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal,
shall be guilty of an offence and shall be liable to imprisonment for five years.

Malawi - Penal Code 1930 (2018) EN

101. Perjury and subornation of perjury

(3) Any person who aids, abets, counsels, procures, or suborns another person to commit perjury shall be guilty of the misdemeanor termed subornation of perjury.

103. 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.

107. Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, shall be guilty of a misdemeanor.


108. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of a misdemeanor.


109. Conspiracy to defeat justice and interference with witnesses

Any person who—

(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so

shall be guilty of an offence and shall be liable to imprisonment for five years.

113. Offences relating to judicial proceedings

(1) Any person who—

(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connexion with such evidence

shall be guilty of an offence and shall be liable to imprisonment for three years.

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:

(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;