1. The witness Whoever misrepresents the truth in his testimony in a judicial proceeding will be punished with imprisonment from six months to two years and a fine from three to six months.
2. If the false testimony went against the convict in criminal proceedings for crime, the penalties will be imprisonment of one to three years and a fine of six to twelve months. If, as a result of the testimony, a conviction has been handed down, the higher-ranking penalties will be imposed.
3. The same penalties will be imposed if the false testimony takes place before International Courts that, by virtue of Treaties duly ratified in accordance with the Spanish Constitution, exercise powers derived from it, or it is carried out in Spain when declaring under commission rogatory sent by a foreign court.
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This article regulates the basic type of crime of perjury and its penalties.
Article 458 of the Penal Code It is part of the chapter dedicated to false testimony:
- Penal Code
- BOOK II: Crimes and their penalties
- Title XX: Crimes against the Administration of Justice
- Chapter VI: Of false testimony
- Article 458
- Article 459
- Article 460
- Article 461
- Article 462
- Chapter VI: Of false testimony
- Title XX: Crimes against the Administration of Justice
- BOOK II: Crimes and their penalties