(1) It is a defense to a prosecution under this part that the defendant retracted the defendant’s falsification:

criminal case

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Terms Used In Hawaii Revised Statutes 710-1064

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) If the falsification was made in an official proceeding, in the course of the same proceeding before discovery of the falsification became known to the defendant; or
(b) If the falsification was not made in an official proceeding, before reliance upon the falsification by the person or body for whom it was intended.
(2) “In the course of the same proceeding” includes separate hearings at separate stages of the same official or administrative proceeding but does not include any stage of the proceeding after the close of the evidence.

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