1. Knowingly false testimony of a witness, victim, or the conclusion or testimony of an expert, testimony of a specialist, as well as deliberately incorrect translation in court or during pre-trial proceedings -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to three months.
2. The same acts, combined with accusing a person of committing a grave or especially grave crime, -
shall be punished by forced labor for a term of up to five years or imprisonment for the same term.
Note. A witness, victim, expert, specialist or translator are exempt from criminal liability if they voluntarily, during pre-trial proceedings or trial, before a court verdict or court decision, declared the falsity of their testimony, conclusion or knowingly incorrect translation.
- Article 306. Knowingly false denunciation
- Article 308. Refusal of a witness or victim to testify
Criminal liability under the article of the Criminal Code of the Russian Federation for giving false testimony
First of all, it is necessary to understand in what cases liability for giving false testimony in court occurs. To do this you need to refer to Art. 307 of the Criminal Code of the Russian Federation. Criminal punishment is not possible in all cases. It is important to know that indications are divided into two types:
- false;
- obviously false.
The difference between these types of testimony from a legal point of view is enormous. The first category includes information that the witness himself is confident in. That is, he may not know the truth or not fully know it. We are talking about an unintentional mistake that occurred without prior agreement. In this case, there is no liability for giving false testimony.
Note!
Liability for giving false testimony under the Criminal Code can only arise if you provide false information in court or to law enforcement agencies. Deliberate deception of other officials cannot lead to the initiation of either an administrative or a criminal case.
The only reason for criminal prosecution is the giving of knowingly false testimony. This means that a participant in a trial or a witness enters into a preliminary conspiracy with someone and tells a lie, knowing it. If the truth becomes known, the person who committed perjury must be punished in accordance with the provisions of the Criminal Code of the Russian Federation. The same is true for false information in administrative cases.
Note!
Before the start of interrogation by an investigator or at a court hearing, participants in the process and witnesses must be notified of liability for giving false testimony.
The most obvious example of such deception is testifying about the location of the defendant. For example, a witness says that the defendant was walking with him in the park at the time the crime was committed, but in reality this turns out to be untrue, and the defendant is really guilty. In this case, a criminal case will be initiated under Article 307 of the Criminal Code of the Russian Federation.
Giving false testimony in an administrative case article
For perjury, punishment is possible not only under the Criminal Code, but also under the Code of Administrative Offenses. In particular, liability for giving false testimony is determined by Art. 17.9 Code of Administrative Offences. Acts falling under the norms of this document are considered to be false information presented by a witness, expert, or specialist during the hearing of administrative cases.
Giving false testimony in a criminal case article
Please remember that knowingly giving false testimony is a criminal offense. Responsibility arises under Art. 307 of the Criminal Code of the Russian Federation. It can be applied if a witness, expert or specialist, realizing the untruthfulness of the information presented, commits perjury when considering criminal cases. This also includes a deliberately incorrect translation, which can mislead law enforcement officers or the court.
Commentary to Art. 307 of the Criminal Code of the Russian Federation
The main object of this crime is the interests of justice. An additional object is the rights and interests of an individual, the interests of a legal entity.
The public danger of the considered encroachment on the interests of justice is that distortion of the truth in the testimony of a witness, victim or specialist, expert opinion or translation prevents the establishment of the truth in a criminal or civil case, disrupts the normal functioning of the judicial system, the work of investigative and inquiry bodies and may interfere with the decision legal, reasonable and fair court verdict, as required by Art. 297 of the Code of Criminal Procedure of the Russian Federation, or a lawful and justified court decision, as required by Art. 195 Code of Civil Procedure of the Russian Federation. The requirement of legality, validity and motivation for decisions, decisions and determinations made by the arbitration court is contained in Part 3 of Art. 15 Arbitration Procedure Code of the Russian Federation.
The objective side of the crime consists of one of the following acts committed by action: 1) knowingly false testimony of a witness; 2) knowingly false testimony of the victim; 3) knowingly false conclusion or testimony of an expert; 4) knowingly false testimony of a specialist; 5) deliberately incorrect translation in court. The act may be committed in criminal, civil or arbitration proceedings or during a preliminary investigation.
Knowingly false testimony of a witness, explanation of a specialist, expert opinion, or deliberately incorrect translation during proceedings in a case of an administrative offense shall entail punishment under Art. 17.9 Code of Administrative Offenses of the Russian Federation.
In accordance with Part 1 of Art. 56 of the Code of Criminal Procedure of the Russian Federation, a witness is a person who may be aware of any circumstances relevant to the investigation and resolution of a criminal case, and who is called to testify. Similar definitions are contained in Art. 69 Code of Civil Procedure of the Russian Federation and Art. 56 Arbitration Procedure Code of the Russian Federation.
In accordance with Part 3 of Art. 56 of the Code of Criminal Procedure of the Russian Federation are not subject to questioning as witnesses: 1) a judge, a juror - about the circumstances of the criminal case that became known to them in connection with their participation in the proceedings in this criminal case; 2) lawyer, defender of the suspect, accused - about the circumstances that became known to him in connection with the application to him for legal assistance or in connection with its provision; 3) lawyer - about the circumstances that became known to him in connection with the provision of legal assistance; 4) the clergyman - about the circumstances that became known to him from confession; 5) a member of the Federation Council, a deputy of the State Duma without their consent - about the circumstances that became known to them in connection with the exercise of their powers.
According to clause 1, part 4, art. 56 of the Code of Criminal Procedure of the Russian Federation, a witness has the right to refuse to testify against himself, his spouse and other close relatives, the circle of whom is defined in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation. If a witness agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal to testify.
In accordance with Art. 42 of the Code of Criminal Procedure of the Russian Federation, a victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The inquirer, investigator, prosecutor or court make a decision on recognition as a victim. It is from this moment that an individual or legal entity acquires the procedural status of a victim.
The victim has the right to refuse to testify against himself, his spouse and other close relatives, the circle of whom is defined in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation. If the victim agrees to testify, he must be warned that his testimony can be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony (Clause 3, Part 2, Article 42 of the Code of Criminal Procedure of the Russian Federation) .
In accordance with Art. 277 of the Code of Criminal Procedure of the Russian Federation, the interrogation of the victim is carried out according to the rules for interrogating a witness. In accordance with Part 2 of Art. 278 of the Code of Criminal Procedure of the Russian Federation, before interrogation, the presiding officer establishes the identity of the witness, clarifies his relationship to the defendant and the victim, explains to him the rights, duties and responsibilities (for giving knowingly false testimony or refusal to testify, for disclosing preliminary investigation data), provided for in Art. 56 of the Code of Criminal Procedure of the Russian Federation, about which the witness gives a signature, which is attached to the minutes of the court session.
The procedural basis for initiating a criminal case under Art. 307 of the Criminal Code of the Russian Federation (as well as Articles 308 and 310 of the Criminal Code of the Russian Federation) are deliberate actions to violate the prohibitions set out in the subscription. Similar provisions are enshrined in Art. 176 Code of Civil Procedure of the Russian Federation and Art. 56 Arbitration Procedure Code of the Russian Federation.
Testimony of a victim or witness is data about any circumstances to be established in the case, selected during interrogation by an inquiry officer, investigator or court (Articles 78, 79 of the Code of Criminal Procedure of the Russian Federation, Article 69 of the Code of Civil Procedure of the Russian Federation, Article 56 of the Code of Arbitration Procedure of the Russian Federation). That is, information about the circumstances affecting the resolution of the case on the merits. Article 307 of the Criminal Code of the Russian Federation does not refer to testimony about unimportant circumstances related to the case (for example, a witness changing his explanation of the reason for his appearance at the crime scene during the investigation). Only those statements that relate to significant circumstances are criminal, i.e. influence the adoption of a lawful and justified verdict, decision or other judicial act. They relate to the subject of proof in criminal proceedings, and to the subject of the claim in civil proceedings.
If a witness (victim) simply refuses to speak, he may be held accountable not under the article in question, but for refusing to testify in accordance with Art. 308 of the Criminal Code of the Russian Federation.
All listed in the disposition of Art. 307 of the Criminal Code of the Russian Federation, actions must be committed during the preliminary investigation or at a court hearing. False information given by a witness, for example, in a conversation with a prosecutor, does not constitute a crime under Art. 307 of the Criminal Code of the Russian Federation.
According to Art. 57 of the Code of Criminal Procedure of the Russian Federation, an expert is a person who has special knowledge and is appointed in the manner prescribed by law to conduct a forensic examination and give an opinion.
In accordance with Part 4 of Art. 57 of the Code of Criminal Procedure of the Russian Federation, an expert does not have the right to: give a knowingly false conclusion (clause 4), disclose preliminary investigation data that became known to him in connection with his participation in a criminal case as an expert, if he was warned about this in advance in the manner established by Art. 161 Code of Criminal Procedure of the Russian Federation (clause 5).
In the preparatory part of the court hearing in accordance with Art. 269 of the Code of Criminal Procedure of the Russian Federation, the presiding officer explains to the expert his rights and responsibilities under Art. 57 of the Code of Criminal Procedure of the Russian Federation, about which the expert gives a signature, which is attached to the minutes of the court session. Similar instructions are contained in Art. 171 Code of Civil Procedure of the Russian Federation and Part 5 of Art. 55 Arbitration Procedure Code of the Russian Federation. Violation of the subscription requirements will be a procedural basis for criminal prosecution in case of giving a knowingly false conclusion.
In accordance with Art. 282 of the Code of Criminal Procedure of the Russian Federation during the judicial investigation, at the request of the parties or on its own initiative, the court has the right to call for questioning an expert who gave an opinion during the preliminary investigation, to clarify or supplement his conclusion. In this case, the expert is questioned as a witness with all the rights and obligations arising from this status.
The falsity of an expert’s conclusion is expressed in a deliberate distortion of the facts identified by him or in keeping silent about them, or in an incorrect assessment of the facts, false conclusions from the case materials presented for research.
In accordance with Art. 58 of the Code of Criminal Procedure of the Russian Federation, specialist is a person with special knowledge, involved in participation in procedural actions in the manner established by the Code of Criminal Procedure of the Russian Federation, to assist in the discovery, securing and seizure of objects and documents, the use of technical means in the study of materials of a criminal case, to pose questions to an expert, as well as to explain to the parties and the court issues within his professional competence.
Unlike an expert, a specialist is subject to criminal liability not for giving a knowingly false conclusion, but for knowingly giving false testimony.
The falsity of a specialist’s testimony is expressed in a deliberate distortion of the facts identified by him or in keeping silent about them, or in a deliberately incorrect assessment of the facts, false conclusions from the case materials presented for research. Like an expert, a specialist testifies as a witness.
An interpreter is a person invited to participate in criminal proceedings in cases provided for by the Code of Criminal Procedure of the Russian Federation, who is fluent in a language, the knowledge of which is necessary for translation, and also has the skills of sign language interpretation and is invited to participate in criminal proceedings (Article 59 of the Code of Criminal Procedure of the Russian Federation).
In the preparatory part of the court hearing in accordance with Art. 263 of the Code of Criminal Procedure of the Russian Federation, the presiding officer explains to the translator his rights and responsibilities under Art. 59 of the Code of Criminal Procedure of the Russian Federation, about which the translator gives a signature, which is attached to the minutes of the court session. Similar provisions are contained in Art. 162 Code of Civil Procedure of the Russian Federation and Art. 57 Arbitration Procedure Code of the Russian Federation.
Incorrect translation consists of distorting the meaning of translated case materials (oral or written) - testimony or documents during a preliminary investigation or during a trial. The translator’s silence about circumstances essential to the resolution of the case when translating testimony and documents will also be false.
All of the above acts committed in court or during a preliminary investigation entail criminal liability under Art. 307 of the Criminal Code of the Russian Federation, regardless of whether they distort the truth in favor of the accused in a criminal case or against him, as well as in favor of the plaintiff or defendant in a civil case.
The corpus delicti is constructed by the legislator according to the type of formal crimes. The crime is considered completed from the moment one of these actions is committed, regardless of whether this testimony, expert opinion, specialist testimony or translation is accepted as evidence in the case under consideration. At the stage of preliminary investigation, this crime is considered completed when the witness, victim or specialist, if he asked questions, signed the interrogation protocol, the expert - the conclusion; at the trial stage - from the moment a witness, victim, specialist gives testimony or an expert announces the contents of a conclusion. For a translator, this crime is over from the moment he submits a knowingly incorrect written translation or the end of an oral translation.
In accordance with Part 5 of Art. 164 of the Code of Criminal Procedure of the Russian Federation, if a victim, witness, specialist, expert or translator participates in the investigative action, then he is warned of the responsibility provided for in Art. Art. 307 and 308 of the Criminal Code of the Russian Federation (similar actions must be carried out by the court). In this regard, in practice the question arises about the presence of deliberately false testimony, etc. in cases where, for example, the witness was not warned of criminal liability, i.e. the specified rules of the Code of Criminal Procedure of the Russian Federation were not followed. From our point of view, failure to comply with these rules excludes liability under Art. Art. 306 and 307 of the Criminal Procedure Code of the Russian Federation, since the requirement of the Criminal Procedure Code of the Russian Federation to warn relevant persons about criminal liability is aimed at ensuring the admissibility of evidence (Part 3 of Article 7 of the Criminal Procedure Code of the Russian Federation) and is, from our point of view, a constructive feature of the elements of these crimes.
The subjective side is characterized only by direct intent. This is evidenced by the indications in the law that the actions taken are known. The perpetrator is aware that in this case he is giving to the court, the preliminary investigation authorities untrue testimony as a witness or victim or a false conclusion as an expert or making an incorrect translation, and wants to commit these actions.
The motives for such actions are not defined by law and can be different (the desire to improve or, on the contrary, worsen the position of the accused, fear of revenge on his part, self-interest, hostile relationships, falsely understood interests in the fight against crime, etc.). They have no significance for qualifying a crime.
Conscientious misconception of the victim or witness, their incorrect perception of acts due to inattention, forgetfulness, lack of proper competence of an expert, specialist or translator and other circumstances that influenced the giving of untrue testimony, conclusion or translation exclude liability under Art. 307 of the Criminal Code of the Russian Federation.
The subject of this crime is special. They can be persons who have reached the age of sixteen and are expressly specified in Art. 307 of the Criminal Code of the Russian Federation - a witness, victim, expert, specialist, translator, recognized as such in accordance with the Code of Criminal Procedure of the Russian Federation, the Code of Civil Procedure of the Russian Federation, and the Arbitration Procedure Code of the Russian Federation. Minors under the age of sixteen, including those involved in the case as witnesses or victims, are not subjects of this crime.
Other participants in the liability process under Art. 307 of the Criminal Code of the Russian Federation is not covered.
A qualified type of crime is the commission of the same actions combined with an accusation of committing a grave and especially grave crime, the definition of which is given in Art. 15 of the Criminal Code of the Russian Federation.
Article 307 of the Criminal Code of the Russian Federation has been supplemented with a note according to which a witness, victim, expert, specialist, translator are exempt from criminal liability if they: voluntarily, during an inquiry, preliminary investigation or trial, before a verdict or court decision, declared the falsity of the testimony given by them, conclusion or deliberately incorrect translation.
The reasons why a witness, victim, expert, specialist or translator voluntarily declared the falsity of their testimony, conclusion or deliberately incorrect translation do not matter for deciding the issue of releasing them from criminal liability.
Punishment for giving false testimony in court
Often witnesses are interested in the question of how many years you can get for giving false testimony. Perjury can result in a real prison sentence.
Art. 307 of the Criminal Code of the Russian Federation includes two parts. The first provides for punishment for giving knowingly false testimony during an investigation or trial of all types of criminal cases, with the exception of grave and especially grave ones. The consequences of such actions may be as follows:
- fine up to 80 thousand rubles;
- compulsory work up to 480 hours;
- correctional labor for up to 2 years;
- arrest up to 3 months.
The penalties are quite serious, but in this case there is no threat of imprisonment for a long term. However, if perjury is committed at hearings in criminal cases classified as serious or especially serious, the consequences can be much more serious. In particular, penalties for giving false testimony under Part 2 of Art. 307 of the Criminal Code of the Russian Federation are as follows:
- up to 5 years of forced labor;
- up to 5 years of imprisonment.
Judicial practice under Article 307 of the Criminal Code of the Russian Federation
Resolution of the ECHR dated March 28, 2017
83. Article 281 of the Civil Code of the Russian Federation requires that compensation for seizure correspond to the market value of the property. The Government submitted that the City Court had been presented with a valuation report calculated by a private company, estimating the value of the applicant's and the applicant's properties at US$24,488 and US$73,463 respectively. In addition, the city court requested an expert opinion regarding the market value of the property. The applicants agreed that this determination would be made by the same private company. The experts were warned of criminal liability for drawing up a knowingly false expert opinion (Article 307 of the Criminal Code of the Russian Federation). The new report assessed the value of the applicants' property at $28,500 and $85,600, respectively. The applicants then missed the opportunity to obtain further expert assessment and failed to provide evidence to support their argument that their property was of higher value.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 07/05/2018 N 4-APU18-25
Taking into account the procedural status of Sh. as a person in respect of whom the case was separated into separate proceedings in connection with the conclusion of a pre-trial agreement, the court correctly did not warn him of criminal liability under Art. Art. 307, 308 of the Criminal Code of the Russian Federation and explained the provisions of Art. Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 26, 2018 N 47-APU18-7
The arguments of the complaints about the groundlessness of the court's reference to the testimony of witnesses E. and S. are untenable, since the witnesses gave their testimony after they were warned of criminal liability under Art. 307 of the Criminal Code of the Russian Federation, the court did not establish any grounds for E. and S. to slander the convicted persons, and such reasons were not indicated in the appeals of the convicted persons.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 28, 2018 N 72-UD18-11
By the verdict of the Chita City Court of the Trans-Baikal Territory, which entered into legal force on May 8, 2022, D. was convicted under Part 2 of Article 307 of the Criminal Code of the Russian Federation for giving knowingly false testimony during the investigation and in court, connected with the accusation against Danchenko E.S. in the commission of a particularly serious crime (criminal case No. 1-524/2018, vol. 2, pp. 223 - 224).
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 02/09/2018 N 1-APU17-12
During the identification process (vol. 3, pp. 123 - 124), she was not warned of liability under Art. Art. 307 and 308 of the Criminal Code of the Russian Federation. Interrogated in the witness box, witness B., witness K., and extra L. confirmed the contents of the protocol, which does not contain any indication of her warning of liability. At the same time, B. noted a significant difference between the identifiable Shkaev and the extras. At the same time, despite these violations, the court recognized this protocol as admissible, trying to justify this with judgments that directly contradict the requirements of Art. Art. 193, 166 and 167 of the Code of Criminal Procedure of the Russian Federation, allowing for the possibility of a one-time warning of a witness about liability for giving knowingly false testimony for the entire period of the proceedings.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated 08/09/2018 N 205-APU18-18
The interrogations of the named persons were carried out by the investigator in compliance with the requirements of Art. Art. 164 and 189 of the Code of Criminal Procedure of the Russian Federation. The investigator verified the identity of the witnesses, explained their rights, and warned them about the responsibility provided for in Art. Art. 307 and 308 of the Criminal Code of the Russian Federation, as well as the procedure for conducting investigative actions. Interrogation of witnesses G. and M. in the absence of lawyers, requirements of Part 5 of Art. 189 of the Code of Criminal Procedure of the Russian Federation does not contradict. In accordance with this provision of the law, the lawyer is present during the interrogation of the witness and enjoys the rights provided for in Part 2 of Art. 53 of the Code of Criminal Procedure of the Russian Federation, if the witness came for questioning with a lawyer invited by him to provide legal assistance.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06.08.2018 N 72-APU18-9sp
Interrogated witnesses and victims were warned about criminal liability under Art. Art. 307, 308 of the Criminal Code of the Russian Federation. Subscriptions regarding this were taken from witnesses at the place of their interrogations, including through videoconferencing; these signatures are available in the case materials. The parties were not deprived of the opportunity to ask the interrogated witnesses questions of interest to them, taking into account the peculiarities of the judicial investigation with the participation of a jury.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 26, 2018 N 7-APU18-3sp
In addition, experts, having been warned of criminal liability under Art. 307 of the Criminal Code of the Russian Federation, based on the results of an examination of the convicted person, they came to a unanimous opinion, while the act complies with the requirements of Art. 204 of the Code of Criminal Procedure of the Russian Federation. Therefore, there is no reason not to trust the conclusions contained in the said act.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 27, 2018 N 56-APU18-21
Contrary to the arguments of the appeals in the verdict, the court in accordance with Art. 307 of the Criminal Code of the Russian Federation gave reasons for accepting some evidence and rejecting others. Ovchinnikov's testimony was rightfully critically assessed by the court of first instance as contradicting the body of evidence. Assessing Simaev's testimony at the trial, the court came to the reasonable conclusion that by changing his previously given testimony, he tried to significantly reduce the degree of his guilt and pursued the goal of helping Ovchinnikov avoid responsibility for what he had done.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 5, 2018 N 207P18
July 5, 2012 to Govorov A.V. charged under paragraph “a” of Part 3 of Art. 286, paragraphs “a”, “c”, part 2 of Art. 158, paragraphs “b”, “d”, part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 215-FZ of July 27, 2009), paragraphs “a”, “c”, part 3 of Art. 286, part 3 art. 303, part 2 art. 307, part 6 art. 290 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 97-FZ of May 4, 2011), paragraphs “a”, “b”, “d”, part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 87-FZ of May 19, 2010), clauses “a”, “b”, “c”, part 3 of Art. 286, part 3 art. 303, paragraphs “b”, “d”, part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 87-FZ of May 19, 2010), clause “c”, part 3 of Art. 286, part 3 art. 303, paragraph “a”, part 3, art. 286, paragraphs “a”, “d”, part 2 of Art. 161, part 4 art. 159 of the Criminal Code of the Russian Federation (as amended by Federal Law of December 8, 2003 N 162-FZ), paragraphs “a”, “b”, “d”, part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 87-FZ of May 19, 2010), clause “c”, part 3 of Art. 286, paragraph “a”, part 3, art. 158, paragraphs “b”, “d”, part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 87-FZ of May 19, 2010), Part 3 of Art. 175 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 26-FZ of March 7, 2011).
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 21, 2019 N 69-APU19-3
The interrogation of G. via video conferencing does not contradict Art. 278.1 Code of Criminal Procedure of the Russian Federation. As follows from the protocol of the court session, the violations committed during his initial interrogation (in terms of warning about criminal liability under Art. 307 - 308 of the Criminal Code of the Russian Federation) were eliminated by the court during the second interrogation, during which the provisions provided for in Art. 51 of the Constitution of the Russian Federation. In support of a guilty verdict, the court relied only on those testimonies that were obtained in compliance with the requirements of the criminal procedure law, they were assessed in conjunction with other evidence, while the rules for checking and evaluating evidence provided for in Art. Art. 87 - 88 of the Code of Criminal Procedure of the Russian Federation were observed by the court, and therefore the Judicial Panel finds the arguments of the complaint about the impossibility of using G.’s testimony when reaching a verdict to be untenable.
What is the penalty for a witness for giving false testimony?
If a witness gives evidence in court, he must be clear about what he is saying and what the consequences may be. That is why before each interrogation they are required to warn him about possible criminal liability.
We have already mentioned possible punishments in the previous paragraph, but situations vary. In particular, third parties may go to great lengths to induce perjury from a witness. For such acts there is a special article in the Criminal Code - Art. 309. It provides for liability for inducing witnesses to give false testimony during investigations or court hearings in criminal cases. The document provides for punishment for the following methods of inducing a person to provide false information:
- bribe;
- blackmail;
- violence that does not pose a threat to life;
- violence that threatens life and health.
If you are a victim of such acts, you must notify the court. In this case, you cannot be prosecuted for giving false testimony. An investigation will begin against the person who tried to induce you to deceive law enforcement agencies or the court. Punishment for bribery – from 80 thousand rubles. fine, up to 3 months of arrest. If violence was used against you, the perpetrator may be sentenced to 3 to 7 years in prison.
Deliberately false denunciation
Knowingly false denunciation is another form of giving untruthful testimony. Prosecution is possible if a person came to law enforcement agencies and reported committing a crime that in fact did not happen. In this case, denunciation is accompanied by giving false testimony during interrogation. However, if it can be proven that the accused person did not commit such actions, then the citizen who provided false information about the crime will be held accountable.
Responsibility for knowingly false denunciation comes under Art. 306 of the Criminal Code of the Russian Federation. There are three parts of this article, providing for punishments for acts of varying severity. If a denunciation was made in a case that does not fall into the categories of grave or especially grave, then the applicant may be fined 120 thousand rubles, subject to mandatory (up to 480 hours), compulsory (up to 2 years) or correctional (up to 2 years) work. In addition, imprisonment for up to 2 years is possible.
If an untruthful denunciation and knowingly giving false testimony were committed in a case classified as grave or especially grave, the punishments will be more severe. In particular, the maximum fine increases to 300 thousand rubles, and the maximum term of forced labor or imprisonment can be up to 3 years.
In addition, liability is provided for false denunciation, giving false testimony and falsifying evidence. If a citizen deliberately falsifies evidence in order to mislead the investigation, he may be punished by correctional labor for up to 5 years or imprisonment for up to 6 years.
When there is no responsibility
Is a person always held accountable if he lies? It must be remembered that it is impossible to hold a person accountable in a situation where he was mistaken regarding his testimony, and this was of a voluntary nature.
Thus, the liability of a person arising under Art. 307 of the Criminal Code of the Russian Federation, occurs in cases where criminal proceedings take place. If a claim is filed in court during legal proceedings under the civil category of legal relations and evidence is given that is false in its essence, then liability under the article in question of the Criminal Code does not arise.
A person is not held liable under Art.
307 of the Criminal Code - a witness against whom the criminal case was transferred to separate proceedings. Order a free legal consultation
Is it possible to avoid liability for giving false testimony?
If you testify in court, then by presenting false information you are already putting yourself at serious risk. Therefore, if you are offered anything for giving untruthful testimony, refuse. It doesn’t matter who exactly asks you for this, a relative, an acquaintance or just a third party.
If you gave false testimony, but then changed your mind, report this at the next meeting. If you notify the court in a timely manner, you will not be prosecuted. However, you may not be punished only if you report misinformation during the trial, and not after the decision is made. Admitting to giving false testimony after a decision has been made will not free you from administrative or criminal liability. The only thing you can count on is the court accepting the confession as a mitigating circumstance.
Summary
Giving false statements is a criminal offense. However, a distinction should be made between giving false and deliberately false testimony. In the first case, a person can testify to something without really knowing, but being confident in his words. In this case, he cannot be held accountable. If a witness, specialist or expert lies to the court, knowing about it, this is a reason to initiate a criminal case. Responsibility arises under Article 307 of the Criminal Code and for such acts you can get up to 5 years in prison.
Arbitrage practice
The court verdict under Part 1 of Art. 307 Criminal Code of the Russian Federation No. 1-959/2017
The court heard the case of citizen I., who, together with her partner, came to the store late in the evening. A conflict arose between a man and a customer at a retail outlet. It took place outside the premises, on the street: Citizen I.’s partner and the buyer argued with each other. As a result of the quarrel, the defendant's partner was beaten.
Previously, she acted as a witness in this case. It was proven that she gave false testimony. As a result, the store's buyer was convicted. According to citizen I., he caused bodily harm to her partner. In fact, the situation developed differently.
According to court materials, it turns out that citizen I. acted in conspiracy with her partner. As a witness, despite the fact that she was warned by the preliminary investigation about giving false testimony, she provided false information. And she agreed with the accusation subsequently brought against her.
The court took into account mitigating circumstances when sentencing. In particular, she is dependent on her parents, who cannot work due to health problems. At work, a woman is characterized only on the positive side. Former athlete. She has not been brought to justice before. The court sentenced her under Art. 307, part 1 of the Criminal Code of the Russian Federation. In particular, citizen I. will pay a fine of 5,000 to the state. When punishing, the court took into account the degree of the offense - minor gravity. And also the identity of the defendant.
