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11. Offences
against military justice
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Article 67-Offences
of Obstruction of Justice
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| 67.1 |
Obstruction of Justice |
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Obstruction of Justice is any attempt or action to interfere with the administration of the military courts, the military judicial system or military law enforcement officers, including (but not limited to) threatening and/or bribing witnesses, improper conversations with jurors, injuring a witness or juror, hiding evidence or interfering with an arrest.
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Primary Fact(s) |
| 1. That an attempted or actual obstruction of justice allegedly occured at a time and a place; |
| 2. That following the offence, evidence was provided to or obtained by law enforcement officials concerning the offence; |
| 3. That the actions of the accused contributed to alleged offence supported by the evidence held by law enforcement officials; |
| 4. That the actions of the accused were done with the knowledge and intent to pervert the natural course of justice; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) Bribery of a witness for a level 2 case to give false testimony;
b) Compulson of a witness for a level 2 case to give false testimony;
c) Improper contact with member of jury in level 2 case; |
4-6 |
a) Bribery of a witness for a level 3 case to give false testimony;
b) Compulson of a witness for a level 3 case to give false testimony;
c) Improper contact with member of jury in level 3 case; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) Bribery of a witness for a level 4 case to give false testimony;
b) Compulson of a witness for a level 4 case to give false testimony;
c) False testimony/withholding evidence by law enforcement official in level 3 or lower case;
d) Improper contact with member of jury in level 4 case; |
4-6 |
a) Bribery of a witness for a level 5 or 6 case to give false testimony;
b) Compulson of a witness for a level 5 or 6 case to give false testimony;
c) Where threat of violence is used in compelling false witness testimony for level 4 case;
d) Improper contact with member of jury in level 5 case; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) Where violence is used in compelling false witness testimony for level 5 case;
b) False testimony/withholding evidence by law enforcement official in level 4 lower case;
c) Improper contact with member of jury in level 6 case; |
4-6 |
a) Where violence is used in compelling false witness testimony for level 6 case;
b) False testimony/withholding evidence by law enforcement official in level 5 or 6 case; |
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