Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We are doing our best to update the articles, however, it is advisable that you (bạn nên) consult an attorney (luật sư)before relying on any information contained herein.
Defeating Or Obstructing The Ends Of Justice
(note: defeat =ngăn, không cho đạt được .. ends of justice =mục đích cuối cùng của công lý)
There is no firm definition of what makes up ‘defeating’, also referred to as ‘obstructing’, in the context of this offence. There is, in fact, considerable overlap between this and several other offences, such as:
- Being an accessory after the fact to a crime; che dấu tội phạm
- Assisting a prisoner to escape; giúp tù trốn khỏi nơi giam giữ
- perjury; khai man trước tòa
- bribery of public officials; hối lộ cán bộ công quyền
- fraud and forgery; lừa đảo hay giả mạo
- obstructing the police in the course of their duty; and ngăn cản người thi hành nhiệm vụ
- contempt of court. : coi thường tòa án
Generally, the offence is described as committing an unlawful act (hành động phi pháp) intended to defeat or obstruct the administration of justice (việc thi hành luật pháp). The act must be unlawful, because there are a number of ways in which, it may be argued, the administration of justice can be obstructed without a crime being committed. A ‘false’ plea of ‘not guilty’, for instance, is not unlawful, nor is it unlawful to refuse to respond to a police request to assist in making an arrest. A lawyer who advises a client not to take the stand (đứng vào ô nhân chứng, witness box ) might actually be obstructing the course of justice, but could not be found guilty of doing so unless he or she exceeded the limits allowed by the law. For instance, if the lawyer told the client to falsely deny having made a statement, or provided the client with a false story to use in evidence before the court, this would be regarded as unacceptable.
The court must find that an accused had the intent to (có ý định, cố tình) defeat or obstruct the administration of justice, and that he or she should have foreseen that this might result from the action. Although a charge is most commonly brought as the result of some act committed during judicial proceedings (thủ tục tố tụng)- such as a hearing, inquiry or trial – the act may have taken place before any proceedings were started. A person who foresees that his or her actions may eventually result in a court action, and so destroys material evidence, may be found guilty of attempting to defeat or obstruct the administration of justice. Apart from specific offences, these are the usual acts committed in attempts to ‘defeat the ends of justice’:
- Interfering with witnesses by persuading them to give false evidence. Attempting to persuade a witness through threats of violence would probably attract a separate charge;
- Tampering with evidence, which may take the form of hiding, altering or destroying documentary or other evidence;
- Obstructing the police by, for instance, laying false charges, making false statements, refusing to answer questions or provide information and, generally ‘frustrating’ police activities. In the case of frustrating police activities, the court would have to distinguish between an act that interfered with the administration of justice and an act that interfered with the enforcement of law. Punishment for defeating or obstructing the administration of justice, or even for the attempt to do so, is frequently severe, and may consist of a fine or imprisonment, or both.
Originally published by and copyright © 1997, 1992 – The Reader’s Digest Association South Africa (Pty) Ltd, Cape Town.
All rights reserved. Management and editing of articles by Legal City CC, additional copyright © 2000 – 2012
Disclaimer :: You and Your Rights
Although we have gone to great lengths to ensure the accuracy of the information contained in this database, it is important to remember that laws, government departments, interest and taxation rates are constantly changing. If you have a particularly difficult problem you are advised to consult a qualified legal authority. The publishers, editors and their representatives cannot accept responsibility for any act or omission arising from consulting the information contained herein.
| G . L . O . S . S |
- judicial proceedings (thủ tục tố tụng)- such as a hearing, inquiry or trial
- proceedings: (1) thủ tục pháp lý (2) trình tự tố tụng, (3) nghi thức