What will be the false testimony? This question is of interest to many citizens who have to truthfully answer questions from the investigator or the court. So, for giving a false testimony a person can be expected to be prosecuted. That is why it is necessary to report to the investigation and the court only truthful information regarding the investigation of the case. Learn more about all this from this article.
A little about the main thing
What will be the false testimony? A person may be held criminally or administratively liable. You need to know this and not report untrue information to officials and the court. Because it is against the law.
One can speak of criminal liability for giving false testimonies only when the witness reports untruthful information to the court and law enforcement authorities during the investigation of the committed criminal act. If we are talking about administrative or enforcement proceedings, then in this case the false witness expects the liability prescribed in article 17.9 of the Code of Administrative Offenses.
Important
The constitution gives the right to every citizen not to testify against themselves and their close relatives. Nevertheless, a person can waive this right and tell law enforcement agencies and the court everything that he knows about the case. In this case, a close relative loses his witness immunity. And therefore, if he gives false testimonies, he will be able to be prosecuted under article 307 of the Criminal Code. This should not be forgotten.
What will be the false testimony if the witness who has given the police or the court false information is not yet 16 years old? In this case, due to age, a person cannot be prosecuted. Therefore, the teenager is explained in advance that in court and during interrogation in the police department, only the truth should be told. Witnesses sign for being warned of responsibility for giving false testimonies. This is the order.
Not punishable
Many citizens who do not have knowledge in the field of jurisprudence are very often interested in the question of what will be for giving false testimonies to the person who is under investigation. The suspect, as well as the accused, shall not be held liable if he provides information concerning the commission of a crime that is not true.
Moreover, the defendants have a legal right to refuse to testify. Nevertheless, practice shows that they need to be used only if the person agrees with the charge. Otherwise, you need to try to prove your innocence and innocence, and therefore it is necessary to give evidence that will be used by the investigation and the court as evidence. It is very important.
Small characteristic
Some people are interested in the question of why witnesses for knowingly false testimonies in a criminal case are prosecuted under article 307 of the Criminal Code? In this case, the answer is simple. A witness who has provided false information to the investigation or court regarding the investigation and disclosure of a crime has committed a criminal act and must be punished for this. This is true. After all, the court, which took into account the false testimony of a witness, could convict and, therefore, send an innocent person to prison to serve a sentence for what he did not commit. This should not be.
Therefore, a person who has become a witness should only speak the truth. He has no right to refuse to testify . Because it is allowed only in cases provided by law.
What threatens
Responsibility for giving false testimonies threatens only those persons who have reached the age of 16 years. This applies to criminal and administrative proceedings. This must be remembered.
If a person has reached the indicated age and has become a witness in the case, then he is obliged to speak only the truth both during interrogation by the investigator and in court.
What awaits violators of the law under article 307 of the Criminal Code of the Russian Federation? False testimony is punished in this case quite strictly:
- it can be a fine in the amount of up to 80 thousand or a guilty income for a period up to six months;
- compulsory work (only up to 480 hours) or correctional labor for a period of up to two years;
- arrest up to three months.
It should be noted here that the sanctions for the first part of this article are alternative. The court chooses the punishment for the convict, which he considers the most fair.
Causes
Why, then, do witnesses decide to give false testimony in court and law enforcement? There are several reasons to highlight here:
- If the accused in the case is a relative, close friend, or good acquaintance, it is in such a situation that many witnesses have a desire to help the latter avoid responsibility for the deed or receive minimal punishment; knowing in advance that he is guilty of the act of which he is accused.
- Possible benefits (the person was simply paid money to give false evidence).
- Due to personal hostility to the suspect; for example, the victim did not indicate the person who committed the attempt on him, but the person to whom he feels personal hostility for a specific reason.
- Because of self-interest (when it comes not only to money, but also about taking a personโs place at work, taking advantage of his position in society if he is found guilty and appointed to serve his term). There can be many reasons for giving false evidence against a person. However, none of them can be justified. Moreover, liability for knowingly false testimony should be more stringent. Then witnesses and victims will be afraid and will not commit this crime.
What to look for
The law provides for the possibility of evading responsibility for giving false testimonies. The Criminal Code of the Russian Federation states that the witness, as well as the victim, will not be punished if, prior to sentencing or a court decision, they say that they previously reported untruthful information to the investigating authorities at the hearing. This must be remembered.
But exemption from criminal liability is possible only until the moment when the accused is in the role of the defendant, and not the convict. If, after passing the verdict, it turns out that the latter was illegally convicted, because the witness or victim gave false testimony, then they will be punished under article 307 of the Criminal Code. This is a must know.
The moral side of the issue
As practice shows, many witnesses do not even think that giving false testimony can destroy the life of a completely innocent person. Moreover, people do not suspect that their untruthful information forces the judge to make a wrong decision in the case and to convict.
Nevertheless, some false witnesses still admit over time that they committed an unlawful act and slandered an innocent person. The same applies to the injured party. Nevertheless, it is almost impossible to change the life of a person who was illegally convicted.
If we talk about perjury from a moral point of view, it becomes completely unclear how a person can slander another and even accuse him of committing a grave criminal act. But practice shows that most often this is done due to self-interest (receiving a large amount of money, a high position, property).
CAO Responsibility
The most interesting thing is that perjury is found not only in criminal proceedings, but also in cases of administrative offenses. Moreover, many witnesses who give false testimonies are not even afraid of being held administratively liable. Indeed, in the Code of Administrative Offenses in article 17.9 of the Russian Federation, giving false testimony is punishable only by a fine (from 1000 to 1500 rubles).
Therefore, many false witnesses consider it possible to stipulate a driver who did not violate traffic rules, or a citizen who was not drunk in a public place. That is how the practice has developed.
Many citizens report false information to bailiffs in the process of enforcement proceedings. Moreover, the latter do not consider themselves guilty of the fact that bailiffs, relying on untruthful testimony given to them, cannot find a father who does not pay child support and hides, or a citizen who does not pay arrears on credit obligations and utilities, taxes . Despite the opinion of each witness, officials who fulfill their official duties to the state need only tell the truth.
From practice
Is it difficult to get a citizen to give false evidence? Article of the Criminal Code of the Russian Federation 307 contains sanctions for those who reported untruthful information to law enforcement bodies and the court, in connection with which an innocent person was convicted.
In order to bring a false witness to justice, one must prove that his testimony was really false. As practice shows, in some cases it is almost impossible to do. If only the offender himself is aware of the unlawfulness of his words and comes to the police with a confession. But this happens in very rare cases or under pressure from other people.
After all, if a person confesses to giving false testimonies, then he will be convicted, and he will acquire certain problems with the law, will not be able to get a good job.
Moreover, there are cases when false information on the case was reported to the court by a person who was not at that time and sixteen years old. It is possible that underage witnesses did not realize that their testimony could destroy the life of another person who is not guilty of what happened. Sometimes it happens that a teenager saw who actually committed the crime, but at the insistence of adults, he did not say this or pointed to another person. This in practice happens quite often.
Conclusion
In Russian law, there is responsibility for giving false testimonies. Article of the Criminal Code of the Russian Federation 307 contains a punishment for those attackers who reported untruthful information on the case to law enforcement bodies and the court. However, in order to bring the perpetrator to justice for this act, you need to prove his criminal intent, but this is not always possible.
Giving false testimony in court and during interrogation by the police, the false witness does not always realize the fact that because of him the innocent person will serve time and the court will not convict the person who is guilty of the crime.