Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

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  

SECTION 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.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.