False testimony becomes a criminal activity which is a product when someone makes false statements in court. Depending on the legal regime of each country as well statements addressed to other authorities may be included.
It is considered a crime against judicial management for harming the interests related to the effective implementation of judicial activities of the State. In addition to witnesses, the law can oblige experts or interpreters regarding this crime as well as the parties in the civil process or the defendant in the criminal process.
Here we are going to tell you everything you need to know about the false testimonies in the criminal law.
What then does false testimony mean?
The body in charge of the administration of justice seeks evidence on which to base its decisions. Therefore, those who make false statements must be punished because they violate the lawful application.
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In addition It may be illegal to bring witnesses or interpreters to court knowing they are about to lie.
In most laws refers to the alteration of the facts in the statements of the judicial authorities. In German or Anglo-Saxon law it is characterized by a violation of the oath of truth (perjury).
This crime can be committed in various ways: stating a lie, denying the truth and hiding the truth or unwillingly.
False testimony in the process
Article. 58.1º The appearance is determined by the factors of "witness" "distortion of the facts" "testimony" and "judicial cause." The typical action is to give false statements in court.
- Incorrect declaration
The lack of authenticity must be related to necessary aspects for the purposes of prosecution and not with unimportant factors. The problem is not whether the witness not trustworthy but fundamentally incorrect about what is being asked.
Regarding the absence of truth, there are two doctrinal currents to explain it:
- Objective line: assert that the statement would be false if it does not reflect the truth.
- subjective line: The statement would be false if, even if adapted to the truth, it does not reflect the subject's knowledge.. This is a case in which a witness recounts an incident that occurred without an eyewitness but claims it was partly perjured and partly false.
In the same sense it would be considered false testimony a false expression of ignorance of the facts regardless of the doctrinal differences in this regard.
The typical behavior of the crime of False testimony against a witness will occur whenever what is expressed is not consistent with the facts. This requires corroborative evidence to determine whether we are dealing with these types of statements or not.
Incredibly false testimony would be atypical incapable of inducing credibility in the mind of the judge.
- The case.
The typical false act has to take place in a court in a trial. By judicial matter it is understood:
The procedures initiated before any jurisdiction civil, criminal, contentious-administrative, social, military and customary recognized in the constitutions. They are expressly included in article 58.3:
- Procedures to follow before international courts according to treaties ratified in accordance with the Spanish Constitution in the exercise of the powers derived from it
- Testimonies made in Spain in response to letters sent by foreign jurisdictions.
Police chases and administrative searches are excluded.
It is not necessary for the author of the false statement to act with particular hostility or with the intent to harm any party to the dispute. It can be done for or against a person even without benefiting or harming anyone.
It can be punished with the following common penalties:
- Imprisonment of a period between six months to even two years
- Fine of which is between three to six months.
- Presentation of false witnesses
The core of the action was not the distortion of the truth but presenting these people in a legal case with the perception of their lying behavior. Without embargo To complete the crime, it is necessary for the false testimony to materialize; it is not enough to present it to the court.
Anyone can be an active subject of this criminal.
In fact, any individual can bring up false witnesses or Experts or Interpreters who may act or knowingly ignore the truth. If the proposal is from the individual to the expert and he eventually knows that the lie will be used in court will be co-author with that individual; otherwise their behavior will be atypical.