False testimony, a crime of simple activity, because it is enough to violate the obligation to tell the truth in court so that the crime is consumed. Therefore, it is not necessary for the judge to accept the missing version of the story.
In criminal law, false testimony is defined in article 458 of the Penal Code according to which « the witness who misses the truth during his testimony is punished with a prison sentence of six months. two years and a fine of three to six months ».
Penalty in case of false testimony : imprisonment from six months to two years and a fine of three to six months.
The legal good that the criminal law protects in this case is the proper functioning of the administration of justice.
- Active subject: person having the status of witness in a legal proceeding.
- Passive subject: the state as the owner and guarantor of the administration of justice.
Action: the fact of not telling the truth to a judicial authority during a declaration. In such a case, there is a conscious and voluntary change, which may be total or partial, of the truth.
Since the judgment of the Supreme Court 1624/2002 of October 21, the false testimony is qualified crime.
Puede consultar en nuestra web el apartado de abogados expertos en derecho penal.