Criminal Offences (Amendment) Act, 2020 (Act 1034)

Public officers or jurors must not commit corruption, wilful oppression, or extortion, and anyone must not corrupt another person in relation to those duties.

Jurisdiction: Ghana
Instrument: Act or statute
Citation: Act 1034
Version: Undated source snapshot
Language: en
Official source: View official record ↗

anti-corruption bribery compliance document handling false certification false statements judicial proceedings jury process offences public integrity public officer conduct public officers public-sector handling of money and documents

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Public officers or jurors must not commit corruption, wilful oppression, or extortion, and anyone must not corrupt another person in relation to those duties. A person must not use a false declaration, statement, oath, certificate, or testimonial to get or qualify for a public office or to vote. A public officer authorised to attest or certify must not certify something false or certify an event without the required knowledge or belief. A public officer must not intentionally and unlawfully destroy, injure, falsify, or conceal a document under the officer’s control or access by virtue of office. A person must not deceive or overreach a public officer by false statements or false documents for the listed improper purposes.

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Provisions of Criminal Offences (Amendment) Act, 2020 (Act 1034)

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1
Section 239 of Act 29 amended
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Public officers or jurors must not commit corruption, wilful oppression, or extortion, and anyone must not corrupt another person in relation to those duties.

Section 1—Section 239 of Act 29 amended The Criminal Offences Act, 1960 (Act 29), referred to in this Act as the "principal enactment" is amended by the substitution for section 239 of "Corruption of and by public officer or juror 239. (1) A public officer or juror shall not commit corruption or wilful oppression or extortion in respect of the duties of office. (2) A person shall not corrupt any other person in respect of a duty as a public officer or juror. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years.".
2
Section 248 of Act 29 amended
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A person must not use a false declaration, statement, oath, certificate, or testimonial to get or qualify for a public office or to vote.

Section 2—Section 248 of Act 29 amended The principal enactment is amended by the substitution for section 248 of "False declaration for office or voting 3 248. (1) A person shall not, in order to obtain or be qualified to act in a public office or to vote at a public election, make, sign, publish or use a declaration, statement or an oath, required by law or a certificate or testimonial regarding conduct or services, or as to any other matter which is material for obtaining that office, for the qualification to act in that office or to vote at the election. (2) A person who contravenes subsection (1), commits an offence and is liable on summary conviction to a fine of not less than five years and not more than ten years if that person knows that the declaration, statement, oath, certificate or testimonial is false.".
3
Section 249 of Act 29 amended
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A public officer authorised to attest or certify must not certify something false or certify an event without the required knowledge or belief.

Section 3—Section 249 of Act 29 amended The principal enactment is amended by the substitution for section 249 of "False certificate by public officer 249. (1) A public officer who is authorised as a public officer to attest or certify, by writing or otherwise, a document or matter, or that an event has or has not happened, shall not (a) attest or certify the document or matter knowing it to be false; or (b) attest or certify that the event has happened or has not happened, without knowing or having reason to believe that it has happened or has not happened, according to the attestation or certificate. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.".
4
Section 250 of Act 29 amended
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A public officer must not intentionally and unlawfully destroy, injure, falsify, or conceal a document under the officer’s control or access by virtue of office.

Section 4—Section 250 of Act 29 amended The principal enactment is amended by the substitution for section 250 of "Destruction of document by a public officer 250. (1) A public officer shall not intentionally and unlawfully destroy, injure, falsify or conceal a document which is in the possession, custody, or control of the public officer or to which the public officer has access by virtue of office. (2) A public officer who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.".
5
Section 251 of Act 29 amended
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A person must not deceive or overreach a public officer by false statements or false documents for the listed improper purposes.

Section 5—Section 251 of Act 29 amended The principal enactment is amended by the substitution for section 251 of "Deceiving a public officer 251. (1) A person shall not, with intent to defeat, obstruct, or prevent the course of justice, or the due execution of the law, or evade the requirements of the law, or defraud or injure a person, or to obtain or assist in or facilitate the obtaining of any passport, instrument, concession, appointment, permission or any other privilege or advantage, endeavour to deceive or to overreach a public officer acting in the execution of a public office or duty by, (a) personation, or by a false instrument, document, seal, signature, or 4 (b) a false statement, declaration or assurance whether written or verbal or by a written or verbal statement, declaration or assurance which the person making the statement, declaration or assurance did not have good reason to believe to be true. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.".
6
Section 252 of Act 29 amended
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It is an offence for a person to offer, give, or accept valuable consideration to influence a public officer or juror.

Section 6—Section 252 of Act 29 amended The principal enactment is amended by the substitution for section 252 of "Accepting or giving bribe to influence a public officer or juror 252. (1) A person shall not accept or agree or offer to accept a valuable consideration under the pretence of having unduly influenced or being able or agreeing to influence any other person in respect of functions as a public officer or juror. (2) A person shall not give or agree or offer to give to a public officer a valuable consideration for the grant to that person or to any other person of a benefit or an advantage or for the exercise of influence in favour of that person or any other person. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years.".
7
Section 253 of Act 29 amended
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A person must not make or offer an agreement about what judgment or verdict a judicial officer or juror will give, except in the due execution of that duty.

Section 7—Section 253 of Act 29 amended The principal enactment is amended by the substitution for section 253 of "Corrupt promise by judicial officer or juror 253. (1) A person shall not, otherwise than in the due execution of a duty as a judicial officer or juror, make or offer to make an agreement with any other person as to the judgment or verdict which that person will or will not give as a judicial officer or juror in a pending or future proceeding. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty- five years.".
8
Section 254 of Act 29 amended
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A person must not try to secure or block someone’s selection as a juror to gain an undue advantage or disadvantage in a judicial proceeding.

Section 8—Section 254 of Act 29 amended The principal enactment is amended by the substitution for section 254 of "Corrupt selection of juror 254. (1) A person shall not, with a purpose of procuring an undue advantage or disadvantage to a party to a judicial proceeding, procure for that person or for any other person to be summoned, empaneled or sworn as a juror in the proceeding or endeavour to prevent any other person from being summoned, empaneled or sworn as a juror in that proceeding. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.".
9
Section 256 of Act 29 amended
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A person must not engage in corruption, intimidation, or personation in relation to a public election.

Section 9—Section 256 of Act 29 amended 5 The principal enactment is amended by the substitution for section 256 of "Corruption, intimidation, and personation in respect of election 256. (1) A person shall not act in a manner that amounts to corruption, intimidation or personation in respect of a public election. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years. (3) A person convicted under subsection (2) shall not hold a public office in respect of which the election was held, or a public office of the same nature.".
10
Section 260 of Act 29 amended
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A public officer who is bound to pay, account for, or hand over money, valuables, documents, or other things and fails to do so commits an offence and can be imprisoned for 12 to 25 years on summary conviction.

Section 10—Section 260 of Act 29 amended The principal enactment is amended by the substitution for section 260 of "Withholding of public money by a public officer 260. Where a public officer who is bound in that capacity to pay or account for money or a valuable thing or to produce or give a document or any other thing up, fails to pay or account for or to produce or give the document or thing up to any other officer or person lawfully demanding the same, commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years.". Date of Gazette Notification: 27th October, 2020.

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Criminal Offences (Amendment) Act, 2020 (Act 1034)

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Provisions of Criminal Offences (Amendment) Act, 2020 (Act 1034)

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