Probably, many people met in life a situation where they needed to lie for some reason, or someone asked them to do it. This is usually done for selfish purposes. In everyday life, it's just a lie, and if people try to cheat law enforcement agencies then this is a false testimony. UK The Russian Federation provides for criminal liability for such an act.
What is a false testimony
This is incorrect information reported to the police. They are considered socially dangerous, because thanks to them preliminary investigation, bodies inquiries and courts receive misinformation. False testimony not only prevents a quick objective investigation of crimes, but also guides him on a false path.
Such misinformation interferes with considering and resolving, in fairness, cases in constitutional, arbitration, civil, administrative and criminal proceedings. Therefore, the law provides for punishment.
When not punished for false testimony
Incorrect information may be given orally, in the form of explanations, or in writing. But if they are communicated to local authorities, housekeeping officers, voluntary vigilantes, guards in the store, then they do not fit Article 307 of the Criminal Code of the Russian Federation and are not classified as giving false testimonies. Disinfectors are not responsible in this case. They are also not attracted to her if the person who is being interrogated is mistaken in the circumstances that the court reports.
Knowingly false testimony
This term refers to false information that is purposefully communicated to the investigator, prosecutor, court or other law enforcement agencies. Responsibility comes only if the citizen at the time of interrogation knows exactly what he is lying, thereby confusing the investigation, and only after a written warning about giving false evidence, which must be confirmed or signed by the interrogated.
What could be a false testimony
Inaccurate information is divided into two types:
- False denunciation - a citizen “slanders” another person, informing law enforcement authorities of false information about his involvement in the crime, knowing that he did not commit it. This can be an oral or written message that is transmitted anonymously or openly.
- False information of witnesses and victims. These are cases when the evidence for “helping” the guilty person is deliberately distorted in order to facilitate or aggravate the punishment. As a result, a lie can lead to the conviction of an innocent or acquittal of a real criminal.
Which implies giving false evidence
Responsibility does not come for false information, but only for knowingly false testimony, about which the witness knows in advance. He can create an alibi for the defendant if he confirms that he was with him or elsewhere at the time the crime was committed. This is classified as a false testimony.
Or, for example, a witness confirms information that is not true. But he is really sure of it. Then he does not face punishment. Because the information about the defendant, whom the witness recognized by his clothes, will not be considered an irrefutable fact, which means that the court will not accept them for knowingly false testimonies. For example, based on surveillance cameras that show the face of a real criminal. In this case, the witness was simply mistaken and really thought that he was telling the truth, therefore he was not punished.
A responsibility
Inaccurate information that is reported to law enforcement or the court is punishable. Responsibility depends on the severity of the deed, or the possible consequences that may lead to false testimony. Criminalized Articles 306 and 307 of the Criminal Code.
Punishment
This type of crime is of great public danger. It not only interferes with the normal work of law enforcement agencies and the court, but also violates the rights and interests of citizens who, due to denunciation, can be unjustly accused of a crime. Therefore, there are several types of punishments for knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation, depending on the severity of the onset or possible consequences. This can be fines or imprisonment for up to two years. If false evidence is additionally created during the denunciation, the sentence is extended to six years in prison.
Criminal liability
It affects both witnesses and victims if they deliberately distort the facts. Punishment occurs under Article 307 of the Criminal Code of the Russian Federation. According to her, giving false testimony is considered a crime if a person knowingly confuse consequence. Witness testimony is of great importance for the investigation and sentencing, for this reason intentional misrepresentation is considered a criminal offense. Also responsible are experts who have given a false conclusion, and translators if the text was deliberately misrepresented by them.
There are many cases when false information is given in order to help friends, neighbors, etc. avoid punishment for a crime. Or to make a “milder” sentence. Such testimony interferes with establishing the truth and mislead the court. Deception can also lead to the acquittal of the offender and the prosecution of the innocent.
What is the penalty for a crime that is classified as a false testimony? Article 307 of the Criminal Code provides for fines of up to 80,000 rubles, either in the amount of a salary or other income for a period of 1 to 6 months. Forced labor may be assigned from a month to two years. In some cases, limited to an arrest of up to three months.
If a false testimony is connected with a particularly serious crime, the court may pass a sentence on sending the convicted person to forced labor for up to 5 years, or imprison him for the same period.
Who is exempted from criminal liability
Victims, witnesses, translators, experts or other persons who gave false testimony on purpose, subject to the voluntary recognition of this information as unreliable. But only before the sentencing.
