Offences against administration of justice

Australia

Australia - Criminal Code 1995 (2016) Vol 2

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision J—Crimes against the administration of the justice of the International Criminal Court

268.102 Perjury

(1) A person commits the offence of perjury if:
(a) the person makes a sworn statement in or for the purposes of a proceeding before the International Criminal Court; and
(b) the statement is false.

Penalty: Imprisonment for 10 years.

(2) A person who is an interpreter commits the offence of perjury if:
(a) the person, by a sworn statement, gives an interpretation of a statement or other thing in or for the purposes of a proceeding before the International Criminal Court; and
(b) the interpretation is false or misleading.

Penalty: Imprisonment for 10 years.


268.103 Falsifying evidence

(1) A person commits an offence if the person makes false evidence with the intention of:
(a) influencing a decision on the institution of a proceeding before the International Criminal Court; or
(b) influencing the outcome of such a proceeding.

Penalty: Imprisonment for 7 years.

(2) A person commits an offence if the person:
(a) uses evidence that is false evidence and that the person believes is false evidence; and
(b) is reckless as to whether or not the use of the evidence could:
(i) influence a decision on the institution of a proceeding before the International Criminal Court; or
(ii) influence the outcome of such a proceeding.

Penalty: Imprisonment for 7 years.

(3) For the purposes of this section, making evidence includes altering evidence, but does not include perjury.


268.104 Destroying or concealing evidence

(1) A person commits an offence if the person destroys or conceals evidence with the intention of:
(a) influencing a decision on the institution of a proceeding before the International Criminal Court; or
(b) influencing the outcome of such a proceeding.

Penalty: Imprisonment for 7 years.

(2) For the purposes of this section, destroying evidence includes making the evidence illegible, indecipherable or otherwise incapable of being identified.


268.105 Deceiving witnesses

A person commits an offence if the person deceives another person with the intention that the other person or a third person will:
(a) give false evidence in a proceeding before the International Criminal Court; or
(b) withhold true evidence at such a proceeding.

Penalty: Imprisonment for 5 years.


268.106 Corrupting witnesses or interpreters

(1) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
(a) not attend as a witness at a proceeding before the International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.

Penalty: Imprisonment for 5 years.

(2) A person commits an offence if the person asks for, or receives or agrees to receive, a benefit for himself, herself or another person with the intention that he, she or another person will:
(a) not attend as a witness at a proceeding before the International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.

Penalty: Imprisonment for 5 years.

(3) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
(a) not attend as an interpreter at a proceeding before the International Criminal Court; or
(b) give a false or misleading interpretation as an interpreter at such a proceeding.

Penalty: Imprisonment for 5 years.


268.107 Threatening witnesses or interpreters

(1) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
(a) not attend as a witness at a proceeding before the International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.

Penalty: Imprisonment for 7 years.

(2) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
(a) not attend as an interpreter at a proceeding before the International Criminal Court; or
(b) give a false or misleading interpretation as an interpreter in such a proceeding.

Penalty: Imprisonment for 7 years.


268.108 Preventing witnesses or interpreters

(1) A person commits an offence if the person, by his or her conduct, intentionally prevents another person from attending as a witness or interpreter at a proceeding before the International Criminal Court.

Penalty: Imprisonment for 5 years.

(2) This section does not apply to conduct that constitutes an offence against section 268.105, 268.106, 268.107, 268.109 or 268.110.


268.109 Preventing production of things in evidence

A person commits an offence if the person, by his or her conduct, intentionally prevents another person from producing in evidence at a proceeding before the International Criminal Court a thing that is legally required to be produced.

Penalty: Imprisonment for 5 years.


68.110 Reprisals against witnesses

(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:
(a) because of anything done by the other person in or for the purposes of the proceeding; and
(b) in the belief that the other person was a witness who had done that thing.

Penalty: Imprisonment for 5 years.

(2) It is a defence to a prosecution for an offence against subsection (1) that:
(a) the detriment to the witness was not (apart from this section) an offence; and
(b) the witness committed perjury in the proceeding before the International Criminal Court.

(3) Note: A defendant bears an evidential burden in relation to the matters in
subsection (2). See subsection 13.3(3).

In this section:
witness includes:
(a) a person who attends at a proceeding before the International Criminal Court as a witness but is not called as a witness; or
(b) an interpreter.


268.111 Reprisals against officials of the International Criminal Court

(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who is an official of the International Criminal Court:
(a) because of anything done by the other person; and
(b) in the belief that the other person was an official of that Court who had done that thing for the purposes of a proceeding before that Court.

Penalty: Imprisonment for 5 years.

(2) A person commits an offence if the person causes or threatens to cause any detriment to another person who is an official of the International Criminal Court:
(a) because of anything done by a third person who is an official of that Court; and
(b) in the belief that the third person was an official of that Court who had done that thing for the purposes of a proceeding before that Court.

Penalty: Imprisonment for 5 years.


268.112 Perverting the course of justice

(1) A person commits an offence if the person, by his or her conduct, intentionally perverts the course of justice in respect of the International Criminal Court.

Penalty: Imprisonment for 5 years.

(2) This section does not apply to conduct that constitutes the publication of any matter.

(3) In this section:
perverts includes obstructs, prevents or defeats.


268.113 Receipt of a corrupting benefit by an official of the International Criminal Court

(1) A person who is an official of the International Criminal Court commits an offence if:
(a) the person:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the person does so with the intention that the exercise of the person's duties as an official of the International Criminal Court will be influenced.

Penalty: Imprisonment for 10 years.

(2) For the purposes of subsection (1), it is immaterial whether the benefit is in the nature of a reward.


268.114 Subdivision not to apply to certain conduct

(1) This Subdivision does not apply to a person in respect of:
(a) conduct that results in a failure or refusal to issue a certificate under section 22 or 29 of the International Criminal Court Act 2002; or
(b) a failure or refusal to issue such a certificate; or
(c) conduct engaged in reliance on the absence of such a certificate.

(2) In this section:
conduct includes any one or more acts or omissions.

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision K—Miscellaneous

268.119 Offences related to exercise of jurisdiction of International Criminal Court

(1) A person must not:
(a) intentionally contravene an order that the International Criminal Court makes while sitting in Australia; or
(b) otherwise intentionally hinder the International Criminal Court in performing its functions while sitting in Australia.

Penalty: Imprisonment for 2 years.

(2) In this section:
Australia includes all the external Territories.

Australia - Criminal Code Act 1995 (2016) Vol 1

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 141—Bribery

141.1 Bribery of a Commonwealth public official Giving a bribe

(1) A person is guilty of an offence if:
(a) the person dishonestly:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
(b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official's duties as a public official; and
(c) the public official is a Commonwealth public official; and
(d) the duties are duties as a Commonwealth public official.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 141—Bribery

Receiving a bribe

(3) A Commonwealth public official is guilty of an offence if:

(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and

(b) the official does so with the intention:
(i) that the exercise of the official's duties as a Commonwealth public official will be influenced; or
(ii) of inducing, fostering or sustaining a belief that the exercise of the official's duties as a Commonwealth public official will be influenced.

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 141—Bribery

Penalty for individual

(5) An offence against subsection (1) or (3) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 145—Offences relating to forgery

145.1 Using forged document

(1) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person in the other person's capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the capacity is a capacity as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the response is in connection with the operations of a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document. Penalty: Imprisonment for 10 years.

(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

Australia - ICC (Consequential Amendments) Act 2002

Schedule 1—Amendment of the Criminal Code Act 1995

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision J—Crimes against the administration of the justice of the International Criminal Court


268.102 Perjury
(1) A person commits the offence of perjury if:
(a) the person makes a sworn statement in or for the purposes of a proceeding before the International Criminal Court; and
(b) the statement is false.
Penalty: Imprisonment for 10 years.
(2) A person who is an interpreter commits the offence of perjury if:
(a) the person, by a sworn statement, gives an interpretation of a statement or other thing in or for the purposes of a proceeding before the International Criminal Court; and
(b) the interpretation is false or misleading.
Penalty: Imprisonment for 10 years.
268.103 Falsifying evidence
(1) A person commits an offence if the person makes false evidence with the intention of:
(a) influencing a decision on the institution of a proceeding before the International Criminal Court; or
(b) influencing the outcome of such a proceeding.
Penalty: Imprisonment for 7 years.
(2) A person commits an offence if the person:
(a) uses evidence that is false evidence and that the person believes is false evidence; and
(b) is reckless as to whether or not the use of the evidence could:
(i) influence a decision on the institution of a proceeding before the International Criminal Court; or
(ii) influence the outcome of such a proceeding.
Penalty: Imprisonment for 7 years.
(3) For the purposes of this section, making evidence includes altering evidence, but does not include perjury.
268.104 Destroying or concealing evidence
(1) A person commits an offence if the person destroys or conceals evidence with the intention of:
(a) influencing a decision on the institution of a proceeding before the International Criminal Court; or
(b) influencing the outcome of such a proceeding.
Penalty: Imprisonment for 7 years.
(2) For the purposes of this section, destroying evidence includes making the evidence illegible, indecipherable or otherwise incapable of being identified.
268.105 Deceiving witnesses
A person commits an offence if the person deceives another person with the intention that the other person or a third person will:
(a) give false evidence in a proceeding before the International Criminal Court; or
(b) withhold true evidence at such a proceeding.
Penalty: Imprisonment for 5 years.
268.106 Corrupting witnesses or interpreters
(1) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
(a) not attend as a witness at a proceeding before the International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if the person asks for, or receives or agrees to receive, a benefit for himself, herself or another person with the intention that he, she or another person will:
(a) not attend as a witness at a proceeding before the International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.
Penalty: Imprisonment for 5 years.
(3) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
(a) not attend as an interpreter at a proceeding before the International Criminal Court; or
(b) give a false or misleading interpretation as an interpreter at such a proceeding.
Penalty: Imprisonment for 5 years.
268.107 Threatening witnesses or interpreters
(1) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
(a) not attend as a witness at a proceeding before the International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.
Penalty: Imprisonment for 7 years.
(2) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
(a) not attend as an interpreter at a proceeding before the International Criminal Court; or
(b) give a false or misleading interpretation as an interpreter in such a proceeding.
Penalty: Imprisonment for 7 years.
268.108 Preventing witnesses or interpreters
(1) A person commits an offence if the person, by his or her conduct, intentionally prevents another person from attending as a witness or interpreter at a proceeding before the International Criminal Court.
Penalty: Imprisonment for 5 years.
(2) This section does not apply to conduct that constitutes an offence against section 268.105, 268.106, 268.107, 268.109 or 268.110.
268.109 Preventing production of things in evidence
A person commits an offence if the person, by his or her conduct, intentionally prevents another person from producing in evidence at a proceeding before the International Criminal Court a thing that is legally required to be produced.
Penalty: Imprisonment for 5 years.
268.110 Reprisals against witnesses
(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:
(a) because of anything done by the other person in or for the purposes of the proceeding; and
(b) in the belief that the other person was a witness who had done that thing.
Penalty: Imprisonment for 5 years.
(2) It is a defence to a prosecution for an offence against subsection (1) that:
(a) the detriment to the witness was not (apart from this section) an offence; and
(b) the witness committed perjury in the proceeding before the International Criminal Court.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) In this section:
witness includes:
(a) a person who attends at a proceeding before the International Criminal Court as a witness but is not called as a witness; or
(b) an interpreter.
268.111 Reprisals against officials of the International Criminal Court
(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who is an official of the International Criminal Court:
(a) because of anything done by the other person; and
(b) in the belief that the other person was an official of that Court who had done that thing for the purposes of a proceeding before that Court.
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if the person causes or threatens to cause any detriment to another person who is an official of the International Criminal Court:
(a) because of anything done by a third person who is an official of that Court; and
(b) in the belief that the third person was an official of that Court who had done that thing for the purposes of a proceeding before that Court.
Penalty: Imprisonment for 5 years.
268.112 Perverting the course of justice
(1) A person commits an offence if the person, by his or her conduct, intentionally perverts the course of justice in respect of the International Criminal Court.
Penalty: Imprisonment for 5 years.
(2) This section does not apply to conduct that constitutes the publication of any matter.
(3) In this section:
perverts includes obstructs, prevents or defeats.
268.113 Receipt of a corrupting benefit by an official of the International Criminal Court
(1) A person who is an official of the International Criminal Court commits an offence if:
(a) the person:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the person does so with the intention that the exercise of the person’s duties as an official of the International Criminal Court will be influenced.
Penalty: Imprisonment for 10 years.
(2) For the purposes of subsection (1), it is immaterial whether the benefit is in the nature of a reward.
268.114 Subdivision not to apply to certain conduct
(1) This Subdivision does not apply to a person in respect of:
(a) conduct that results in a failure or refusal to issue a certificate under section 22 or 29 of the International Criminal Court Act 2002; or
(b) a failure or refusal to issue such a certificate; or
(c) conduct engaged in reliance on the absence of such a certificate.
(2) In this section:
conduct includes any one or more acts or omissions.

Schedule 1—Amendment of the Criminal Code Act 1995

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision K—Miscellaneous


268.119 Offences related to exercise of jurisdiction of International Criminal Court

(1) A person must not:

(a) intentionally contravene an order that the International Criminal Court makes while sitting in Australia; or
(b) otherwise intentionally hinder the International Criminal Court in performing its functions while sitting in Australia.
Penalty: Imprisonment for 2 years.

(2) In this section:
Australia includes all the external Territories.

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 1—Preliminary

4 Definitions
offence against the administration of the ICC’s justice means an offence against the administration of the ICC’s justice referred to in article 70 of the Statute.

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision D—Notices to financial institutions

91 Making false statements in applications
A person commits an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with, a notice under section 88.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.

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.