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11. Offences
against military justice
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Article 62-Offences
of Perjury and other false evidence
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| 62.1 |
Perjury (false evidence) |
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Perjury is the act of deliberately and knowingly lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing and after having been so warned such false statement is not corrected or withdrawn. |
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Primary Fact(s) |
| 1. That the person has sworn an oath or affirmation to tell the truth; |
| 2. That the person was brought before the court to give testimony; |
| 3. That the person had been formally accused of making a false statement and warned of such action; |
| 4. That the person was offered the opportunity to withdraw the particular statement and declined to do so; |
| 5. That evidence was subsequently produced in court to show the statement in question to be false; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) committed as a witness for the defence in a Level 2 to 4 case. |
4-6 |
a) committed as a witness for the prosecution in a Level 2 to 4 case. |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) committed as a witness for the defence in a Level 5 case. |
4-6 |
a) committed as a witness for the prosecution in a Level 5 case. |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) committed as a witness for the defence in a Level 6 case. |
4-6 |
a) committed as a witness for the prosecution in a Level 6 case. |
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| 62.1 |
Contempt of Court (insult of court) |
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Contempt of Court is the act of deliberately and knowingly insulting any member of the jury, officers of the court including judges and magistrates and any legal representation of the prosecution and/or defence during court proceedings. |
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Primary Fact(s) |
| 1. That the person was brought before the court as person having business with the court as either a member of the jury, a witness, a legal counsel, a plaintiff or defendant or any other officer. |
| 2. That the person was present for the introduction of the judge/magistrate at the beginning/resumption of any proceedings in which all parties in the courtroom are warned as tradition to honor and respect the court. |
| 3. That the person undertook an action for which the magistrate/judge specifically directed an instruction which was minuted in the court records; |
| 4. That the person deliberately and knowingly defied the specific instruction of the magistrate/judge as directed; |
| 5. Upon a second and final warning by the judge/magistrate regarding the specific instruction, the person still refused to comply to the instruction given. |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) committed as a witness for the defence in a Level 2 to 4 case. |
4-6 |
a) committed as a witness for the prosecution in a Level 2 to 4 case. |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) committed as a witness for the defence in a Level 5 case. |
4-6 |
a) committed as a witness for the prosecution in a Level 5 case. |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) committed as a witness for the defence in a Level 6 case. |
4-6 |
a) committed as a witness for the prosecution in a Level 6 case. |
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Copyright © 1999-2007 Africans-Union.Org. All rights reserved.
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Copyright © 1999-2007 Africans-Union.Org. All rights reserved.
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