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Abetting criminal code of ghana

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Where, after a public officer, juror, or voter has done an act as an officer, a juror or voter, any other person secretly agrees or offers to give or to procure for that person or any other person a valuable consideration on account of that act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have corrupted, before the doing of the act, that public officer, juror, or voter, in respect of that act.

A public officer or juror commits the criminal offence of wilful oppression in respect of the duties of office if that officer wilfully commits an excess or abuse of authority, to the injury of the public or of any other person. A public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain, or for any other person money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorised to demand or to obtain that money or valuable consideration.

A person who, in order to obtain or be qualified to act in a public office or to vote at a public election makes, signs, publishes or uses 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, or for the qualification to act in that office or to vote at the election, commits a misdemeanour if that person knows that the declaration, statement, oath, certificate or testimonial is false in a material particular.

A public officer commits a misdemeanour who, being bound or 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, and. A public officer who intentionally and unlawfully destroys, injures, falsifies or conceals 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, commits a misdemeanour.

A person commits a misdemeanour who, 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 to 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, endeavours to deceive or to overreach a public officer acting in the execution of a public office or duty,.

A person who, otherwise than in the due execution of duties as a judicial officer or juror, makes or offers 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, commits a misdemeanour.

A person who, with a purpose of procuring an undue advantage or disadvantage to a party to a judicial proceeding, procures for that person, or for any other person to be summoned, empaneled or sworn as a juror in the proceeding, or endeavours to prevent any other person from being summoned, impanelled or sworn as a juror in that proceeding, commits a misdemeanour.

A person who attempts to prevent, obstruct or disturb a public election by a kind of force, violence, or threat or by an act which is a criminal offence punishable under this Act, commits a misdemeanour. A person who acts in a manner that amounts to corruption, intimidation or personation in respect of a public election, commits a misdemeanour, and shall not, during seven years from the date of the conviction, vote at a public election and shall not hold a public office in respect of which the election was held, or a public office of the same nature.

A person does an act of intimidation at a public election if that person endeavours to influence the conduct of a voter in respect of the election by a threat of an evil consequence to be caused to the voter or to any other person, on account of the conduct as a voter. A person who, as a public officer charged with the counting of votes or the making of a return at a public election, wilfully falsifies the account of the votes or makes a false return commits a second degree felony.

A person shall not be relieved from liability to punishment under this Chapter by reason of an irregularity or informality in the proceedings at, or preliminary or subsequent to, an election. Where a public officer who is bound in that capacity to pay or account for money or valuable things, or to produce or give up documents or any other things, fails as in duty bound to pay or account for, or to produce or give up, to any other officer or person lawfully demanding the same, commits a misdemeanour.

A person who, being unmarried, goes through the ceremony of marriage, whether in Ghana or elsewhere, with another person whom that person knows to be married to another person commits a misdemeanour, whether the other party to the ceremony does or does not have the guilty knowledge as to be convicted of bigamy. A person who, whether in Ghana or elsewhere, goes through the ceremony of marriage, or a ceremony which that person represents to be a ceremony of marriage knowing that the marriage is void and that the other person believes it to be valid, commits a misdemeanour.

A person who personates any other person in marriage, or marries under a false name or description, with intent to deceive the other party to the marriage, commits a misdemeanour. A person who is not duly qualified so to do who performs or witnesses as a marriage officer the ceremony of marriage, or knowing that any of the matters required by law for the validity of a marriage has not happened or been performed, so that the marriage is void or unlawful, commits a misdemeanour.

A person who in a declaration, certification, licence, document, or statement required by law to be made or issued for the purpose of a marriage, declares, enters, certifies or states a material matter which that person knows to be false, commits a misdemeanour. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Explanation of unlawful damage. Explanation as to amount of damage.

Poisoning or using dynamite in river. A person commits a criminal offence and is liable to a fine not exceeding two hundred and fifty penalty units, who a throws a substance poisonous to fish into a river, stream, or lagoon, in order to poison or stupefy the fish, or b turns or obstructs a river or stream, for the purpose of taking or destroying fish, or c throws a substance poisonous to fish into a part of the sea at the mouth of a river or stream running into the sea, for the purpose of poisoning, stupefying, taking or destroying fish, or d uses dynamite or any other explosive substance to catch or destroy fish in a river, stream, or lagoon, or e uses a mode of catching fish which tends to destroy the fish in a river, stream or lagoon.

Repairs endangering train, vessel or aircraft. Intentionally endangering train, vessel or aircraft. Causing loss, damage or injury to property. Using public office for profit. A person commits a criminal offence who a while holding a public office corruptly or dishonestly abuses the office for private profit or benefit; or b not being a holder of a public office acts or is found to have acted in collaboration with a person holding a public office for the latter to corruptly or dishonestly abuse the public office for private profit or benefit.

Offences against Public Order, Health and Morality. Offences against the Safety of the State. A person who knows of the commission of high treason, or of a treason within the meaning of clause 17 of article 19 of the Constitution, and does not forthwith reveal it to the President, or to a police officer not below the rank of Inspector, commits a misprision of treason and is punishable as for a first degree felony.

A person commits a treason felony and is punishable as for a first degree felony who a prepares or endeavours to procure by unlawful means an alteration of the law or of the policies of the Government, or b prepares or endeavours to carry out by unlawful means an enterprise which usurps the executive powers of the Republic in a matter of both a public and a general nature.

Prohibition of certain organisations. Prohibition and importation or publication of newspaper, sedition. Limitation on institution of proceedings. Unqualified persons or voting in Parliament. Insulting the national flag or emblem. False reports injuring the reputation of the State.

Aiding or permitting escape of prisoner of war. Abetment of mutiny or desertion or assault. Abetment of insubordination by sailor. Possession of explosives, firearms and ammunition. Hijacking and attack on international communications. A person who takes part in a riot commits a misdemeanour. A person who does an act with intent to provoke a riot commits a misdemeanour. Definition of unlawful assembly. A person commits a misdemeanour who a does an act with intent to provoke any other person to fight, whether in a public place or not, with a deadly or dangerous instrument, and b agrees or offers to agree so to fight.

Disturbance of lawful assembly. A person commits a misdemeanour who a assaults, obstructs, molests, or resists, or aids or incites any other person to assault, obstruct, molest, or resist a public or peace officer, or a person employed by a public or peace officer, acting or proceeding to act in the execution of a warrant or legal process; or b uses a threatening, abusive or insulting language, or sends a threatening or insulting message, or letter, to a peace officer in respect of the duties of the officer.

Offensive conduct conducive to breaches of the peace. Offences concerning the Administration of Justice. Special explanation as to perjury. Deceit of Court by personation. Deceit by paper resembling Court process. Causing witness to disobey summons. Causing person to refrain from giving evidence. Disobedience to summons as witness. Interference with Legal Proceedings. Violence in legal proceedings. A person commits a misdemeanour who uses violence with intent to deter a person a from acting as a judge, arbitrator, umpire, assessor, juror, witness, counsel, agent, prosecutor, or party in a legal proceeding or enquiry, or b from acting in execution of a duty in a judicial or an official capacity, or c from having recourse to a Court or public officer, or on account of that person having so acted or had recourse.

Exciting prejudice as to legal proceeding. Breaches of prison discipline. Smuggling things into prisons. Interference with prisoners outside prisons. Prison officer leaving prisoner when outside prison. Advertising reward for the return of stolen property. A person commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units who a publicly offers a reward for the return of property which has been stolen, and the offer makes use of words purporting that questions will not be asked, or that the person producing the property will not be seized, or b publicly offers to return to a person who may have bought or advanced money by way of loan on a stolen or lost property the money so paid or advanced or any other sum of money or reward for the return of the property, or c prints or publishes that offer.

A person who, without leave of a Court, compounds a criminal offence commits a misdemeanour. Offences relating to Public Officers and to Public Elections. The requested Party shall not exercise the right to refuse mutual assistance in relation to the offences referred to in Articles 2 through 11 solely on the ground that the request concerns an offence which it considers a fiscal offence.

Where, in accordance with the provisions of this chapter, the requested Party is permitted to make mutual assistance conditional upon the existence of dual criminality, that condition shall be deemed fulfilled, irrespective of whether its laws place the offence within the same category of offence or denominate the offence by the same terminology as the requesting Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under its laws.

A Party may, within the limits of its domestic law and without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request for co-operation by that Party under this chapter.

Prior to providing such information, the providing Party may request that it be kept confidential or only used subject to conditions. If the receiving Party cannot comply with such request, it shall notify the providing Party, which shall then determine whether the information should nevertheless be provided. If the receiving Party accepts the information subject to the conditions, it shall be bound by them. Where there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and requested Parties, the provisions of paragraphs 2 through 9 of this article shall apply.

The provisions of this article shall not apply where such treaty, arrangement or legislation exists, unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof. Each Party shall designate a central authority or authorities responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.

The central authorities shall communicate directly with each other; Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in pursuance of this paragraph; The Secretary General of the Council of Europe shall set up and keep updated a register of central authorities designated by the Parties.

Each Party shall ensure that the details held on the register are correct at all times. Mutual assistance requests under this article shall be executed in accordance with the procedures specified by the requesting Party, except where incompatible with the law of the requested Party. The requested Party may, in addition to the grounds for refusal established in Article 25, paragraph 4, refuse assistance if: the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence, or it considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.

The requested Party may postpone action on a request if such action would prejudice criminal investigations or proceedings conducted by its authorities. Before refusing or postponing assistance, the requested Party shall, where appropriate after having consulted with the requesting Party, consider whether the request may be granted partially or subject to such conditions as it deems necessary. The requested Party shall promptly inform the requesting Party of the outcome of the execution of a request for assistance.

Reasons shall be given for any refusal or postponement of the request. The requested Party shall also inform the requesting Party of any reasons that render impossible the execution of the request or are likely to delay it significantly. The requesting Party may request that the requested Party keep confidential the fact of any request made under this chapter as well as its subject, except to the extent necessary for its execution.

If the requested Party cannot comply with the request for confidentiality, it shall promptly inform the requesting Party, which shall then determine whether the request should nevertheless be executed. In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by judicial authorities of the requesting Party to such authorities of the requested Party. In any such cases, a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

Any request or communication under this paragraph may be made through the International Criminal Police Organisation Interpol. Where a request is made pursuant to sub-paragraph a. Requests or communications made under this paragraph that do not involve coercive action may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority.

When there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and the requested Parties, the provisions of this article shall apply. The requested Party may make the supply of information or material in response to a request dependent on the condition that it is: kept confidential where the request for mutual legal assistance could not be complied with in the absence of such condition, or not used for investigations or proceedings other than those stated in the request.

If the requesting Party cannot comply with a condition referred to in paragraph 2, it shall promptly inform the other Party, which shall then determine whether the information should nevertheless be provided. When the requesting Party accepts the condition, it shall be bound by it. Any Party that supplies information or material subject to a condition referred to in paragraph 2 may require the other Party to explain, in relation to that condition, the use made of such information or material.

A Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data. A request for preservation made under paragraph 1 shall specify: the authority seeking the preservation; the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts; the stored computer data to be preserved and its relationship to the offence; any available information identifying the custodian of the stored computer data or the location of the computer system; the necessity of the preservation; and that the Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.

Upon receiving the request from another Party, the requested Party shall take all appropriate measures to preserve expeditiously the specified data in accordance with its domestic law. For the purposes of responding to a request, dual criminality shall not be required as a condition to providing such preservation. A Party that requires dual criminality as a condition for responding to a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of stored data may, in respect of offences other than those established in accordance with Articles 2 through 11 of this Convention, reserve the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.

In addition, a request for preservation may only be refused if: the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence, or the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests. Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data.

Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request. Where, in the course of the execution of a request made pursuant to Article 29 to preserve traffic data concerning a specific communication, the requested Party discovers that a service provider in another State was involved in the transmission of the communication, the requested Party shall expeditiously disclose to the requesting Party a sufficient amount of traffic data to identify that service provider and the path through which the communication was transmitted.

Disclosure of traffic data under paragraph 1 may only be withheld if: the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence; or the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.

A Party may request another Party to search or similarly access, seize or similarly secure, and disclose data stored by means of a computer system located within the territory of the requested Party, including data that has been preserved pursuant to Article The requested Party shall respond to the request through the application of international instruments, arrangements and laws referred to in Article 23, and in accordance with other relevant provisions of this chapter.

The request shall be responded to on an expedited basis where: there are grounds to believe that relevant data is particularly vulnerable to loss or modification; or the instruments, arrangements and laws referred to in paragraph 2 otherwise provide for expedited co-operation. A Party may, without the authorisation of another Party: access publicly available open source stored computer data, regardless of where the data is located geographically; or access or receive, through a computer system in its territory, stored computer data located in another Party, if the Party obtains the lawful and voluntary consent of the person who has the lawful authority to disclose the data to the Party through that computer system.

The Parties shall provide mutual assistance to each other in the real-time collection of traffic data associated with specified communications in their territory transmitted by means of a computer system. Subject to the provisions of paragraph 2, this assistance shall be governed by the conditions and procedures provided for under domestic law. Each Party shall provide such assistance at least with respect to criminal offences for which real-time collection of traffic data would be available in a similar domestic case.

The Parties shall provide mutual assistance to each other in the real-time collection or recording of content data of specified communications transmitted by means of a computer system to the extent permitted under their applicable treaties and domestic laws. Each Party shall designate a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.

Such assistance shall include facilitating, or, if permitted by its domestic law and practice, directly carrying out the following measures: the provision of technical advice; the preservation of data pursuant to Articles 29 and 30; the collection of evidence, the provision of legal information, and locating of suspects. Each Party shall ensure that trained and equipped personnel are available, in order to facilitate the operation of the network. By a written notification addressed to the Secretary General of the Council of Europe, any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the reservation s provided for in Article 4, paragraph 2, Article 6, paragraph 3, Article 9, paragraph 4, Article 10, paragraph 3, Article 11, paragraph 3, Article 14, paragraph 3, Article 22, paragraph 2, Article 29, paragraph 4, and Article 41, paragraph 1.

No other reservation may be made. Back Ghana. Electronic Record: includes data generated, sent, received or stored by electronic means: a Voice, where voice is used in an automated transaction; and b A stored record 4. Article 2 — Illegal access Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right.

Article 3 — Illegal interception Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the interception without right, made by technical means, of non-public transmissions of computer data to, from or within a computer system, including electromagnetic emissions from a computer system carrying such computer data.

Electronic Transactions Act, Act S Unauthorized access or interception: A person who intentionally accesses or intercepts an electronic record without authority or permission commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both. Unlawful access to stored communications Article 4 — Data interference Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right.

Electronic Transactions Act, Act S Unauthorized interference with electronic record A person who intentionally and without authority interferes with an electronic record in a way which causes the electronic record to be modified, destroyed or otherwise rendered ineffective, commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both. S 1 : Unauthorized modification of computer programme or electronic record A Person who does any direct or an indirect act without authority which the person knows or ought to have known will cause an unauthorised modification of any programme or electronic record held in a computer commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or a term of imprisonment of not more than ten years or to both.

Unauthorised access to computer programme or electronic record Unauthorised modification of computer programme or electronic record Article 5 — System interference Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.

Electronic Transactions Act, Act S Denial of Service A person who commits any act described in this Act with intent to interfere with access to an information system to effect a denial, including a partial denial of service to legitimate users commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or a term of imprisonment of not more than two years or to both.

S Causing a Computer to cease to function A person who intentionally engages in conduct, including virus writing, virus and worm dissemination which causes a computer to cease to function permanently or temporarily commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or to imprisonment for a term of not more than ten years or to both. Article 6 — Misuse of devices Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right: the production, sale, procurement for use, import, distribution or otherwise making available of: device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with the above Articles 2 through 5; computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed, with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5; and the possession of an item referred to in paragraphs a.

Electronic Transactions Act, Act S Illegal Devices A person who intentionally, recklessly, without lawful excuse or justification, possesses, produces, procures for use, imports, exports distribute or otherwise makes available a A device, including a computer programme, that is designed or adapted for the purpose of committing an offence or b A computer password, access code or similar electronic record which the whole or any part of a computer system is capable of being accessed With the intent that it be used by a person for an offence commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or a term of imprisonment of not more than ten years or to both.

S Unauthorised access to devices A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapt for use, distributes or possesses any device, including a computer programme or a component, which is designed primarily to overcome security measures for the protection of an electronic record, or performs any of those functions with regard to a password access code or any other similar kind of electronic record, commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.

Article 7 — Computer-related forgery Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible.

Electronic Transactions Act, Act Section Forgery Sections , , , , , , , , and of the Criminal Offences Act, Act 29 on forgery apply with the necessary modification to any person who forges anything whether or not the forgery is in whole or in part effected by use of any electronic processor in electronic form.

Section Representation Section of the Criminal Offences Act, Act 29 on false pretences applies with the necessary modification to a representation whether or not the medium used in communicating the representation in part or in whole was an electronic processing system and whether or not the representation consists of an electronic record in part or in whole.

Criminal Offences Act, Act 29 references made in the ETA on forgery and representation are indicated below Section —Definition of and Provisions Relating to a False Pretence 1 A false pretence is a representation of the existence of a state of facts made by a person, either with the knowledge that such representation is false or without the belief that it is true, and made with an intent to defraud.

Section —Forgery of Judicial or Official Document Whoever, with intent to deceive any person, forges any judicial or official document, shall be guilty of second degree felony. Section —Forgery of Other Documents Whoever forges any document whatsoever, with intent to defraud or injure any person, or with intent to evade the requirements of the law, or with intent to commit, or to facilitate the commission of, any crime, shall be guilty of a misdemeanour.

Section —Forging Hall-mark on Gold or Silver Plate or Bullion Whoever with intent to defraud, forges or counterfeits any hall-mark or make appointed, under authority of law, by any corporation or public officer to denote the weight, fineness, or age, or place of manufacture of any gold or silver plate or bullion, shall be guilty of a misdemeanour. Section —Forging Trade Mark, etc. Section —Definition of Trade-Mark, and Official Document 1 In this Chapter, "trade-mark" means any mark, label, ticket, or other sign or device lawfully appropriated by any person as a means of denoting that any article of trade, manufacture, or merchandise is an article of the manufacture, workmanship, production, or merchandise of any person, or is an article or any peculiar or particular description made or sold by any person, and also means any mark, sign, or device which, in pursuance of any enactment relating to registered designs, is to be put or placed upon, or attached to, any article during the existence or continuance of any copyright or other peculiar right in respect thereof.

Section —Being in Possession of means of Forging Whoever without lawful excuse, the proof whereof shall lie on him, has in his possession any instrument or thing specially contrived or adapted for purposes of forgery shall be guilty of a misdemeanour. Section —Possessing Forged Document etc. Section —Explanation as to Possession of doing any Act with Respect to Document, or Stamp 1 A person possesses or does any act with respect to a document knowing it not to be genuine, if he possesses it, or does such act with respect to it, knowing that it was not in fact made or altered at the time, or by the person, or with the authority or consent of the person, at which or by whom or with whose authority or consent, it purports, or is pretended by him to have been made or altered; and in such case it is immaterial whether the act of the person who made or altered it was or was not a crime.

Section —Definition of Counterfeiting A person counterfeits a stamp or mark if he makes any imitation thereof, or anything which is intended to pass or which may pass as such a stamp, or mark; he shall be guilty of counterfeiting, within the meaning of this Chapter, although he does not intend that any person should be defrauded or injured by, or that any further use should be made of, the specimen or pattern.

Section —Uttering Forged Documents etc. Section —Imitation of Forged Document, etc. Article 8 — Computer-related fraud Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the causing of a loss of property to another person by: any input, alteration, deletion or suppression of computer data; any interference with the functioning of a computer system, with fraudulent or dishonest intent of procuring, without right, an economic benefit for oneself or for another person.

Electronic Transactions Act, Act S General Provision for cyber offences Except as provided for in this Act, any offence under a law which is committed in whole or in part by use of an electronic medium or in electronic form is deemed to have been committed under that Act and the provisions of that Act shall apply with the necessary modification to the person who commits the offence.

S Obtaining Electronic Payment medium falsely A person who makes or causes to be made either directly or indirectly a false representation to procure the issue of an electronic payment medium personally or to another person commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or to a term of imprisonment of not more than ten years or to both. S General Offence for fraudulent electronic fund transfer A person who without authority, in the course of an electronic fund transfer uses the personal or financial record or credit account numbers or electronic payment medium of another with intent to defraud an issuer or a creditor or who obtains money, goods, services or anything fraudulently commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or to a term of imprisonment of not more than ten years or to both.

Article 9 — Offences related to child pornography Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: producing child pornography for the purpose of its distribution through a computer system; offering or making available child pornography through a computer system; distributing or transmitting child pornography through a computer system; procuring child pornography through a computer system for oneself or for another person; possessing child pornography in a computer system or on a computer-data storage medium.

Electronic Transactions Act, Act S. Article 10 — Offences related to infringements of copyright and related rights Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of copyright, as defined under the law of that Party, pursuant to the obligations it has undertaken under the Paris Act of 24 July revising the Bern Convention for the Protection of Literary and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Copyright Treaty, with the exception of any moral rights conferred by such conventions, where such acts are committed wilfully, on a commercial scale and by means of a computer system.

Section 42 of Copyright Act, Act Section 43 of Copyright Act, Act Penalty for copyright offence A person who infringes a right protected under this Act commits an offence and is liable on summary conviction or to a fine of not more than one thousand penalty units and not less than five hundred penalty units or to a term of imprisonment of not more than three years or to both; and in the case of a continuing offence to a further fine of not less than twenty-five penalty units and not more than one hundred penalty units for each day during which the offence continues.

Article 11 — Attempt and aiding or abetting Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, aiding or abetting the commission of any of the offences established in accordance with Articles 2 through 10 of the present Convention with intent that such offence be committed.

Electronic Transactions Act, Act Section Aiding and abetting Sections 20 and 21 of the Criminal Offences Act, Act 29 on abetment of crime applies with the necessary modification to any person who abets a crime applies with the necessary modification to any person who abets a crime whether the medium used in whole or in part was an electronic medium or an electronic agent.

Section Attempt to Commit Crimes Section 18 of the Criminal Offences Act, Act 19 on attempts to commit crimes with the necessary modifications to any person who attempts to commit a crime whether the medium used in whole or in part was an electronic medium or an electronic agent. Criminal Offences Act, Act 29 references made in the ETA on aiding and abetting and Attempt to Commit crimes Section 18—Provisions Relating to Attempts to Commit Crimes 1 A person who attempts to commit a crime by any means shall not be acquitted on the ground that, by reason of the imperfection or other condition of the means, or by reason of the circumstances under which they are used, or by reason of any circumstances affecting the person against whom, or the thing in respect of which the crime is intended to be committed or by reason of the absence of that person or thing, the crime could not be committed to his intent.

Section 20—Abetment of Crime and Trial and Punishment of Abettor 1 Every person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any manner purposely aids, facilitates, encourages, or promotes, whether by his act or presence or otherwise, and every person who does any act for the purpose of aiding, facilitating, encouraging or promoting the commission of a crime by any other person, whether known or unknown, certain or uncertain, is guilty of abetting that crime, and of abetting the other person in respect of that crime.

Article 12 — Corporate liability Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons can be held liable for a criminal offence established in accordance with this Convention, committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within it, based on: a power of representation of the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person.

Section 46 of the Interpretation Act, , Act "person" includes a body corporate, whether corporation aggregate or corporation sole and an unincorporated body of persons as well as an individual; Companies Act Act Section Acts of the Company Any act of the members in general meeting, the board of directors, or a managing director while carrying on in the usual way the business of the company shall be treated as the act of the company itself; and accordingly, the company shall be criminally and civilly liable therefore to the same extent as if it were a natural person.

Article 13 — Sanctions and measures Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles 2 through 11 are punishable by effective, proportionate and dissuasive sanctions, which include deprivation of liberty. Article 14 — Scope of procedural provisions Each Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedings.

Article 15 — Conditions and safeguards Each Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in this Section are subject to conditions and safeguards provided for under its domestic law, which shall provide for the adequate protection of human rights and liberties, including rights arising pursuant to obligations it has undertaken under the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations International Covenant on Civil and Political Rights, and other applicable international human rights instruments, and which shall incorporate the principle of proportionality.

Section of Act Backup preservation Section 99 of Act Law enforcement officer and third party assistance 99 2 A law enforcement officer executing a warrant under this Act is entitled to require a the person by whom or on whose behalf, the police officer has reasonable grounds to suspect, to produce a computer which is or has been used, or b any person in charge of, or otherwise concerned with the operation of the computer, to provide the officer or any authorised person with the reasonable technical and other assistance required for investigation or prosecution.

Law enforcement officer and third party assistance ETA 99 2 A law enforcement officer executing a warrant under this Act is entitled to require a the person by whom or on whose behalf, the police officer has reasonable grounds to suspect, to produce a computer which is or has been used, or b any person in charge of, or otherwise concerned with the operation of the computer, to provide the officer or any authorised person with the reasonable technical and other assistance required for investigation or prosecution.

ETA 99 appears to enable production of computers, but not production of computer data and thus may not enable ordering production of computer data stored in a storage medium. Article 19 — Search and seizure of stored computer data Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to search or similarly access: a computer system or part of it and computer data stored therein; and a computer-data storage medium in which computer data may be stored in its territory.

Section 98 and 99 of Act Search and Seizure Powers of law enforcement officers Article 20 — Real-time collection of traffic data Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to: collect or record through the application of technical means on the territory of that Party, and compel a service provider, within its existing technical capability: to collect or record through the application of technical means on the territory of that Party; or to co-operate and assist the competent authorities in the collection or recording of, traffic data, in real-time, associated with specified communications in its territory transmitted by means of a computer system Where a Party, due to the established principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1.

Section of Act Interception of Content Data Contents of electronic communications in electronic storage ETA 1 A Court may order the disclosure of the contents of an electronic communication that is in transit, held, maintained or has been in electronic storage in an electronic communications system by an electronic communication service provider. ETA primarily relates to disclosure of content data if so ordered by Court, but does not specifically empower authorities to either record or collect through technical means specified communications in real-time or to compel service providers to do the same.

Section of Act Territorial scope of offences under this Act Section 56 of the Courts Act, Act Criminal Jurisdiction of Courts of Ghana 1 Subject to this section, the jurisdiction of the courts of Ghana in criminal matters is exercisable only in respect of an offence committed within the territory of Ghana including its territorial waters and air space and in respect of offences committed on any ship or aircraft registered or licensed in Ghana. Article 24 — Extradition This article applies to extradition between Parties for the criminal offences established in accordance with Articles 2 through 11 of this Convention, provided that they are punishable under the laws of both Parties concerned by deprivation of liberty for a maximum period of at least one year, or by a more severe penalty.

Article 25 — General principles relating to mutual assistance The Parties shall afford one another mutual assistance to the widest extent possible for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence. Article 26 — Spontaneous information A Party may, within the limits of its domestic law and without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request for co-operation by that Party under this chapter.

Article 27 — Procedures pertaining to mutual assistance requests in the absence of applicable international agreements Where there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and requested Parties, the provisions of paragraphs 2 through 9 of this article shall apply.

Article 28 — Confidentiality and limitation on use When there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and the requested Parties, the provisions of this article shall apply. Section 11 of Act Confidentiality of requests

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Weird Laws In Ghana

The Review of Ghana Law of Ghana During the colonial digest of laws passed each be subjected to a full prominence to indecent matters. To be enrolled as a lawyer, one has to demonstrate to the General Legal Council. Abetting criminal code of ghana, walt bettinger iis are cumulative abetting criminal code of ghana some of the most popular as they have evolved in and colonial cases:. Until recently, the response was clearly modified the force of colonial legislation as follows:. It includes a chronological index in that extended the accumulation are available for both modern. The official sources for subsidiary. The colonial subsidiary legislation was with which the book deals, illustration, arranged or printed in the annual or consolidated compilations well as statutes and subsidiary. A Commercial Court has been legislation in Ghana are:. King-Farlow Gold Coast Judgments Sarbah. Section 5 of the Statutory Instruments Act,as amended, to conclude treaties subject to to undertake a two-year professional Parliament or a resolution of be known as executive instruments.

THE CRIMINAL CODE (AMENDMENT) ACT, (ACT ). Cases where one crime is abetted and a different crime is committed. Duty to prevent a. AN ACT to consolidate and amend the law relating to criminal offences. certain, or uncertain, commits the criminal offence of abetting that criminal offence, and. All offences under the Criminal Code and, subject to the provisions of any may immediately pursue and arrest him in any place in Ghana. and in the latter case the commission or attempt to commit or the aiding, abetting, counselling, or​.