CRIMES ACT 1914 – SECT 37 Corruption of witnesses

CRIMES ACT 1914 – SECT 37 Corruption of witnesses

Agreements or understandings

(1)  A person (the first person ) commits an offence if:

(a)  the first person:

(i)  gives, confers or procures any property, or benefit, of any kind to, upon or for another person; or

(ii)  promises or offers to give, to confer, to procure or to attempt to procure any property, or benefit, of any kind to, upon or for another person; or

(iii)  asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or

(iv)  agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person; and

(b)  the first person does so upon an agreement or understanding that any person called, or to be called, as a witness in a judicial proceeding will:

(i)  give false testimony; or

(ii)  withhold true testimony; and

(c)  the judicial proceeding is a federal judicial proceeding.

Penalty:  Imprisonment for 5 years.

(2)  Absolute liability applies to the paragraph (1)(c) element of the offence.

Note:          For absolute liability, see section 6.2 of the Criminal Code .

Inducing false testimony

(3)  A person commits an offence if:

(a)  the person does an act; and

(b)  the person does so with the intention of inducing a person called, or to be called, as a witness in a judicial proceeding:

(i)  to give false testimony; or

(ii)  to withhold true testimony; and

(c)  the judicial proceeding is a federal judicial proceeding.

Penalty:  Imprisonment for 5 years.

(4)  Absolute liability applies to the paragraph (3)(c) element of the offence.

Note:          For absolute liability, see section 6.2 of the Criminal Code .

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