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Offences Against The Administration Of Justice And Misconduct

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Chapter Summary

Offences against the administration of justice are designed to uphold the efficaciousness of the judicial process, allowing the stream of justice to flow unimpededly. Criminalising conduct calculated to interfere with the administration of justice or interrupt the process is an expression of commitment to its mission. Criminal responsibility for the commission of an offence against the administration of justice, as well as for any crime within the jurisdiction of the Court, is prescribed by article 25. Misconduct in court is antithetical to the due administration of justice. Article 71 confers power upon the court to stop misconduct as well as punish a person guilty of it by the imposition of a fine or other measures envisaged by the Rules of Procedure and Evidence. Imprisonment is excluded. Article 63.2 specifically addresses misconduct on the part of the accused occasioning disruption of the proceedings.

Keywords: administration of justice; misconduct



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