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6. Offences
against a Men and Women
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Article 56-Offences
involving false imprisonment
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| 56.1 |
False imprisonment |
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False imprisonment is the detention by the state or registered body of men and women against their will, without lawful excuse, in which a man or woman involved in the process of detention is in possession of evidence and/or knowledge that such action is based on false claims and/or false evidence. |
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Primary Fact(s) |
| 1. That the victim was found to have been unlawfully imprisoned; and |
| 2. That the actions of the accused contributed to the original/continued unlawful imprisonment of the victim; and |
| 3. That the actions of the accused were done with the intent to ensure the original/continued unlawful imprisonment of the victim knowing such action was unlawful. |
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Penalty Conditions (Level-3 Crime) |
| Type |
Condition(s) |
1-3 |
a) If knowingly involved in delaying the process of release; |
4-6 |
a) if deliberately responsible for the destruction, concealment of evidence contributing to delaying the process of release; |
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Penalty Conditions (Level-4 Crime) |
| Type |
Condition(s) |
1-3 |
a) if a witness knowingly make false testimony; |
4-6 |
b) if a witness knowingly make false testimony for promise of reduced sentence or incentive; |
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Penalty Conditions (Level-5 Crime) |
| Type |
Condition(s) |
1-3 |
a) if a law enforcement officer of the state knowingly creating false testimony and/or false evidence to obtain a conviction;
b) if a law enforcement officer of the state knowingly withholding evidence showing likely innocence from the court; |
4-6 |
a) if a prosecutor of the state knowingly creating false testimony and/or false evidence to obtain a conviction;
b) if a prosecutor of the state knowingly withholding evidence showing likely innocence from the court; |
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