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Criminal contempt


Contempt of court, often referred to simply as "contempt" is the offence of being disobedient to or discourteous towards a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. It manifests itself in willful disregard of or disrespect for the authority of a court of law, which is often behavior that is illegal because it does not obey or respect the rules of a law court.

There are broadly two categories of contempt: being rude or disrespectful to legal authorities in the courtroom, or wilfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information (with the exception of 5th amendment rights and legitimate concerns for personal safety following testimony in the United States) can constitute contempt of the court.

When a court decides that an action constitutes contempt of court, it can issue a court order that in the context of a court trial or hearing declares a person or organisation to have disobeyed or been disrespectful of the court's authority, called "found" or "held" in contempt. That is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process.

A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material or non-disclosure of material, which in doing so is deemed likely to jeopardise a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before being punished.


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