The institution of responsibility for perjury was introduced in order to ensure the reliability of testimony given by witnesses and assisting in the investigation of a criminal or administrative offense.
How citizens are obliged to cooperate with the court
Almost everyone has to attend a trial at least once in their life, and sometimes even as a witness in a case. At such a moment, it is important to know that giving deliberately false testimony in court is criminalized.
The Constitution of the Russian Federation establishes the responsibility of citizens in relation to assistance to the court and investigation. According to Article 51 of the Constitution of the Russian Federation, a citizen has the right to refuse to testify in the following cases: if he testifies against himself, as well as against close relatives. These include children, parents, siblings, and grandparents. In relation to other people, everyone is obliged to give evidence that is required by the investigation, and they are obliged to be truthful.
Anyone who testifies in court is called a witness. Before giving testimony in court, the presiding judge must warn each witness about responsibility for giving false testimony. Article 307 of the Criminal Procedure Code of the Russian Federation equates such an act with a criminal offense.
How to be punished for false testimony
The severity of punishment for perjury will depend on the severity of the damage inflicted on the investigation by false testimony. Indeed, due to distorted information, the investigation could have gone down the wrong path. This crime is considered socially dangerous. False testimony could have injured an innocent person or several people. Therefore, paragraph 1 of Article 307 of the Criminal Procedure Code provides for punishment in the form of a fine of 80 thousand rubles, forced labor or arrest for up to 3 months. Responsibility occurs when a person reaches the age of 16.
The subject of a crime is the information contained in the trial protocol, expert opinion, etc., that is, testimony in writing, not oral, is recognized as false.
However, in matters of false testimony, the court takes into account such facts as pressure on a witness, as well as a voluntary confession in perjury and further assistance in the investigation of the case. This is the so-called special type of exemption from criminal liability.
In addition, the victim or the expert involved in the investigation of the crime may be held liable for false testimony, in addition to the witness. A person who has committed a deliberately incorrect translation of documents that are key in the consideration of the case may be brought to criminal liability.
