妨礙司法公正
Perverting the course of public justice
法律定義: 作出 (1) acts or embarks upon a course of conduct; (2) which has a tendency to; and (3) is intended to pervert; (4) the course of public justice. (HKSAR v Wong Shing-yim, Peter and others [CACC 510/2002] 第 18 段)
在 DPP v Computer-Aided Transcript of the Stenograph Notes of WordWave International Limited [2016] EWHC 837 案,法官 SIR BRIAN LEVESON 指出 where a person (1) acts or embarks on a course of conduct; (2) which has a tendency to; and (3) is intended to pervert; (4) the course of public justice (where the course of public justice may be understood as the administration of public justice)
下列是一些法理的參考資料:
- 維基百科的簡單介紹 https://en.wikipedia.org/wiki/Perverting_the_course_of_justice;
- Oxford Dictionary of Law, Sixth Edition, Edited by Elizabeth A. Martin and Jonathan Law 解釋 - Carrying out an act that tends or is intended to obstruct or defeat the administration of public justice. Common examples are inventing false evidence to mislead a court (in either civil or criminal proceedings) or an arbitration tribunal, making false statements to the police, stealing or destroying evidence, threatening witnesses, and attempting to influence jurors. The common-law offence of perventing the course of justice overlaps with certain forms of contempt of court and with the separate offence of tempering to persuade him not to proceed with an action in the civil courts; nor is it an offence to offer to pay reasonable compensation to the victim of a crime, if he will agree not to take criminal proceedings. However, once he has made a statement to the police in connection with possible proceedings, it is an offence to attempt to induce to withdraw or alter his statement.
遲些會列出一些案例供各位參考