Criminal Code Act 1995 (Australia, unsourced)/Chapter 8/268/J

=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.