Crime of false testimony / Criminal law
Criminal law punishes the crime of false testimony whose basic type is defined in article 458 of the criminal code.
Penalty for the crime of false testimony: from six months to two years in prison
The legal asset protected in this type of criminal law is the proper functioning of the Administration of Justice as an abstract and supra-individual value.
Active subject: can only be committed by whoever has the status of "witness":
Passive subject: the State as holder and guarantor of the Administration of Justice and indirectly the individuals affected by the false testimony.
Action: consists in not telling the truth in a testimony given in front of the Court. The reunion of certain subjective elements is necessary.
* There are some subjective elements: intent is intentionally consistent in the awareness of the falsity of the statement and the will to introduce false facts into the cause.