Perjury means that someone intentionally gives an incorrect statement while under oath. This harms the truth-finding process 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 a court hearing as a witness
- During an interrogation by the examining magistrate
- During a parliamentary inquiry
- In a notarial deed (Article 227 Criminal Code)
Penalty
The maximum penalty for perjury is 6 years' imprisonment. In practice, the penalty depends on the severity of the case and the impact of the false statement.
No Oath Taken?
If you have not taken an oath but still give an incorrect statement, this 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 incriminating themselves or a close relative. However, committing perjury for this reason remains punishable.
Impact on a Court Case
If perjury is discovered, this can lead to a revision of the case in which the false statement was given. In addition, the perpetrator risks criminal prosecution themselves.
Investigation into Perjury
A judge may report suspected perjury on their own motion. Subsequently, the Public Prosecution Service (OM) will investigate whether the statement was intentionally incorrect and whether the witness was aware of this.
Frequently Asked Questions about Perjury
What distinguishes perjury from a false statement without an oath?
Perjury specifically concerns an intentional incorrect statement under oath, for example in a court case. Without an oath, it is not perjury, but it may still be punishable as forgery or obstruction of justice. The penalties are often milder, but it remains a serious offense.
Am I liable for perjury if I accidentally say something wrong?
No, perjury requires intent. You must consciously lie while knowing that your statement is incorrect. A mistake or faulty recollection does not count as perjury, although it may affect the reliability of your testimony.
What are the consequences of perjury in a court case?
If perjury is established, you risk a prison sentence of up to 6 years. Moreover, the relevant court case may be revised. The OM initiates a separate investigation into the perjury, and you may also be held civilly liable.
Is lying allowed to protect myself or a family member?
No, perjury remains punishable, even if you think you have a valid reason. 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 report suspected perjury. The OM then investigates whether the statement was false and whether this was intentional. This is done through interrogations, evidence, and analysis of contradictions.
What does the right to refuse to give evidence entail and does it always apply?
The right to refuse to give evidence allows certain witnesses, such as family members or professionals, to remain silent to protect themselves or others. It must be explicitly invoked, and the judge determines whether it applies. Committing perjury to circumvent this right is not permitted.
Location information: For legal support in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. Cases involving perjury are often handled at the District Court of The Hague, Leiden location.