During trials, sometimes an irresistible urge to lie. For your own benefit or not to expose the defendant. Therefore, they often try to find independent witnesses and experts capable of assessing a particular situation. However, in court often lies. Or rather, false evidence. This is a criminal offense. Punishments for a committed act are prescribed in Art. 307. If false testimony is revealed, you will have to put up with a court decision regarding your punishment. Why prepare yourself?
False testimony
Of course, the onset of criminal liability. Before this, you need to understand what a deliberately false testimony is. After all, it is always important to know what you will have to pay for with your reputation and relations with the law.
A knowingly false testimony is nothing but a lie. Conscious, pursuing some of its benefits and goals. Most often used to acquit the defendant. It doesn’t matter exactly how the criminal got the false information - a bribe, intimidation, pressure or simply brought the person concerned. The fact remains - a lie is said. And at its disclosure, it is supposed to refer to Art. 307 of the Criminal Code. What will follow as a crime preventive measure?
Money money money
For example, a fine. This is the most common and safest measure that is applied in this case. This form is used in practice often, but not in all cases. As a rule, it takes place when the criminal somehow pressed on the witness. Intimidated, harassed, and so on. That is, he was not interested, but made to be afraid.
According to Art. 307 of the Criminal Code, the fine will amount to 80 thousand rubles inclusive. Or you need to give your earnings or other income for a certain period of time. In our case, it is up to six months. It is a very common scenario.
Just keep in mind that knowingly false readings are not always so easily covered. Especially when it comes to an expert, not a mere witness. What else could threaten a liar?
Work, work, and work again
It is no secret that the Penal Code often contains a variety of fines as punitive measures, as well as types of community service. Our case is no exception. According to Part 1 of Art. 307 of the Criminal Code, a person who has reported deliberately false information may be assigned not a fine, but labor.
That is, you have to spend some time in community service. With such a development of events, the defendant is entitled to either their mandatory or correctional form. In the first case, Art. 307 of the Criminal Code, the sentence imposes a maximum of 480 hours, and in the second - for 24 months. It turns out that you either perform obligatory work up to 20 days (in practice you will have to work about 2 months), or as correctional, but no more than 2 years, all this will continue. Practice shows that most often the highest measure is applied when an expert gave a knowingly false conclusion that could affect the course of the entire trial. Ordinary witnesses are often simply fined.
Think about behavior
It is also worth paying attention to: Art. 307 has another form of punishment for a crime. Which one? This is a prison arrest. Not the most frequent measure, but it does take place.
For knowingly false testimony in court, as well as an incorrect translation or because of a false expert opinion, instead of the above measures, they can apply an arrest.It is applied for up to 3 months. It turns out that for the perfect crime, the culprit can be put in jail. A rare practice. Together with her, in fact, community service is either additionally assigned, or a fine is issued. There is nothing special about this. But in Art. 307 of the Criminal Code, a combination of these measures is not spelled out.
Especially heavy
True, sometimes there are especially neglected cases. For example, when a criminal is accused of committing grave or especially grave crimes. In this situation, in no case should you lie. In principle, as in any other. However, when a defendant is charged with a serious crime, covering him up can bring misfortune to liars.
Art. 307 of the Criminal Code indicates that with such a development of events, deliberately false information reported by experts or witnesses, as well as victims, will be severely punished. Optional imprisonment.
For example, it is sometimes possible to get off with forced labor. They are imposed for a period of not more than 5 years. This is a good argument for accomplices who agree to lie in court. Not the most severe punishment, but it is very often applied in practice. As soon as it comes to serious crimes, all possible accomplices and liars will be assigned the maximum possible preventive measures.
Behind bars
Art. 307 of the Criminal Code (with comments can be found below) in its second part indicates the last punishment that threatens liars in court. Perhaps now we will focus on the most serious measures. Namely about imprisonment.
That is, just for reporting deliberately false information, you can sit behind the bars. The exact deadline will be set during the judicial debate after studying all the details of the case. But we can say for sure: it should not exceed 5 years. Exceptions are only in cases where the offender has some other crimes that were uncovered in the course of the case. But this rarely happens.
Unspoken laws
So we studied Art. 307 of the Criminal Code of the Russian Federation. Just need to pay attention to another rather interesting fact. The above measures are not always applied in practice. Often some third-party, but logical conclusions are added to them.
For example, when it comes to some experts, specialists or medical workers. In this case, when it becomes clear that the person gave knowingly false information in court, he is threatened with dismissal. Or reduction. And even a ban is imposed on the conduct of a particular activity, and a restriction is also imposed on building a career. In other words, for some period you will be prohibited from holding certain positions. Usually they are guiding or simply related to the ability to make certain conclusions. Simply put, you will be transferred to the rank of ordinary employee, a typical subordinate.
But just witnesses are rarely punished seriously. Especially when it turns out that they were exerted any pressure from the outside. Simply put, if you were forced to lie in court, you should not be too afraid. But only when you can prove that you were a victim in this matter. Then the maximum that threatens you is a fine or compulsory / corrective labor. Well, the corresponding entry in the history of your relationship with the law.
Comments
In the comments to Art. 307 of the Criminal Code of the Russian Federation, you can find a lot of interesting and useful information. So, for example, according to this article, any legally capable person who has reached the age of 16 years can become a defendant. That is, all of the above measures will be applied even to a teenager if necessary.
It is not a secret for anyone that close relatives (spouses, children, parents) have the right to refuse to testify against the defendant. Nobody can take this away. But if such a refusal was not implemented, deliberately false testimony reported in court will be punished. Even despite the fact that people have the right to refuse to give information against their family. Not talking and lying are different concepts. And they are clearly separated.
Plaintiffs, defendants, their representatives, as well as applicants do not bear any responsibility for false testimony in a court. That is, Art. 307 of this code does not apply. But this does not mean that you can lie. During trials, one must be extremely honest. When finding out lies, you can make yourself a lot of problems. Until the closure of the case or suspension from participation until a court decision is made.
Please note: knowingly false readings are reported with a certain intent. That is, a person is fully aware that he is lying. If he communicates information that was forged by someone, when clarifying thereof, there is no liability under Art. 307 he will not.
