principale [...] quella non seguita da effetto e’ punita solo se commessa mediante minaccie, doni o promesse”152. This is a special form of attempt which is committed so soon as, with intent to suborn a witness, referee or interpreter, threats are used, or gifts are offered, or promises made independently of the effect produced or of the acceptance or otherwise of the witness, referee or interpreter153. The said means used by the offender have been considered by the legislator sufficiently grave and so dangerous and scandalous as to constitute in themselves in the “iter criminis” a commencement of execution and to produce a danger to the proper administration of justice154. The point is discussed whether to constitute subornation it is essential that the person suborned should have already at the time of the subornation assumed the judicial character of witness, referee or interpreter. Under the Italian Code it is generally held that it is not so essential, it being sufficient that the offender knows that the person suborned will be later called or appointed. Maino agrees with this view for the fact does not change its nature by reason of the circumstance that the subpoena or citation of the person suborned has already been issued or is merely anticipated. However, this writer goes on, every ground of incrimination fails if the person suborned and who, it was thought, would be called or appointed is not, in fact, subsequently called or appointed at all: “poichè in simile ipotesi il subornato non avrebbe rivestito mai la qualità di teste, interprete o parito, richiesta dell’articolo 218 (ours 180) e sarebbe di fatte mancata ogni potenzialità di danno”155.
7. Fabrication or Production of False Evidence Documentary evidence plays a very important part in most judicial trials. Therefore Section 101 lays down that:
152
Maino, op. cit., art. 218, para. 1131
153
Vide Tuozzi, “Corso di Diritto Penale”, Vol. III, pg. 334, 335; Crivellari, “Il Codice Penale”, Vol. VI, n.
152, Tit. IV, p. 574 154
Vide Rex vs Curmi, 21/3/1924, Law Reports, Vol. XXV, Part IV, p. 264
155
Op. cit., para. 1123
Page 105 of 350