Perjury means that someone intentionally gives an incorrect statement while under oath. This undermines the process of truth-finding in legal proceedings and is therefore strictly punished.
Definition of perjury
According to Article 207 of the Criminal Code, perjury is the intentional giving of a false statement after taking an oath or promise. This can occur in situations such as:
- During testimony in court
- During an interrogation by the examining magistrate
- During a parliamentary inquiry
- When drawing up a notarial deed (Article 227 Criminal Code)
Penalty
For perjury, a prison sentence of up to 6 years may be imposed. In practice, the penalty depends on the impact and severity of the false statement.
No oath taken?
If you are not under oath but still give an incorrect statement, it is not perjury. However, it may still be punishable as:
- Forgery (for written documents)
- Obstruction of justice (Article 285a Criminal Code)
Right to refuse to give evidence
In some cases, a witness may invoke the right to refuse to give evidence, for example to avoid self-incrimination. However, this does not justify committing perjury.
Impact on legal proceedings
If perjury is discovered, this may lead to a revision of the relevant case. In addition, the perpetrator risks criminal prosecution themselves.
Investigation into false statements
A judge may report suspected perjury on their own motion. The Public Prosecution Service then initiates an investigation to determine whether the statement was intentionally false.
Frequently asked questions about perjury
What distinguishes perjury from a false statement without an oath?
Perjury involves a deliberate lie under oath, for example in a court case. Without an oath, a false statement may still be punishable as forgery or obstruction of justice, but the penalty is often milder.
Am I liable to punishment if I accidentally say something incorrect?
No, intent is required for perjury. An honest mistake or incorrect recollection does not constitute perjury, although it may damage the credibility of your statement.
What are the consequences of perjury in a case?
If perjury is proven, you risk up to 6 years in prison. The case in which you lied may be reopened, and the Public Prosecution Service may initiate a separate investigation. You may also be held liable for damages.
Is lying allowed to protect myself or my family?
No, perjury remains punishable, even with a protective motive. You may invoke the right to refuse to give evidence in certain situations, but lying under oath is never permitted.
How does an investigation into perjury proceed?
The judge may file a report, after which the Public Prosecution Service investigates whether the statement was false and whether this was intentional. This includes interrogations, analysis of evidence, and searching for contradictions.
When does the right to refuse to give evidence apply?
The right to refuse to give evidence allows witnesses, such as family members or professionals, to remain silent to protect themselves or others. It must be explicitly requested, and the judge decides whether it applies. Committing perjury to circumvent this is punishable.