What is the Crime of Perjury? Elements, Penalties, and Legal Consequences

Entrance

In criminal proceedings, uncovering the material truth is one of the fundamental aims for a fair trial. Courts utilize numerous pieces of evidence when making decisions; witness testimonies hold a significant place among this evidence. Witnesses contribute to the proper progress of the trial by providing the court with information about events they experienced or witnessed firsthand.

However, witnesses giving false testimony can not only cause the parties to suffer a loss of rights, but also lead to a distortion of justice. Therefore, the legal system has regulated the crime of perjury to safeguard the obligation of witnesses to tell the truth .

While the Turkish Penal Code regulates various crimes related to the functioning of the judiciary, such as "Attempting to Influence a Judicial Officer, Expert Witness, or Witness," a witness making false statements is also the crime of perjury under Article 272 of the Turkish Penal Code .

The crime of perjury is not merely an offense against a specific individual. The legal value sought to be protected by this crime is primarily the proper administration of justice and the credibility of the judicial system.

What is the crime of perjury?

Perjury is a crime committed when a witness makes a statement that is contrary to the truth before an authorized authority or recounts matters that are not true.

The crucial aspect of this crime, defined in Article 272 of the Turkish Penal Code, is that the person was questioned as a witness and made false statements.

Testimony is a vital means of evidence that allows courts or authorities to obtain information about an event. Therefore, the truthfulness of a witness's testimony is essential for the proper conduct of the trial.

The witness;

• His telling a story as if an event that never happened had actually happened,
• Presenting an event in a different way,
• Saying that he doesn't know something important that he actually knows,
• Making false statements with the intention of protecting or harming a person,

This could raise the charge of perjury.

However, not every false or inaccurate statement automatically constitutes perjury. For the crime to occur, the witness must act knowingly and willingly, indicating that they are making a false statement.

The Legal Basis of the Crime of Perjury

The crime of perjury is regulated in the "Crimes Against the Judiciary" section of the Turkish Penal Code.

By classifying this crime among crimes against the judiciary, the legislator has demonstrated that the legal value sought to be protected is not individual interests but rather the credibility of judicial proceedings.

In a criminal or civil case, witness testimony can have the potential to influence the court's decision. Therefore, false testimony affects not only the parties to the case but also directly the functioning of the justice system.

Therefore, perjury is considered a crime against public order.

Elements of the Crime of Perjury

For an act to constitute the crime of perjury, certain elements must occur simultaneously.

1. The Perpetrator Having Witness Status

Anyone can be the perpetrator of perjury, but for the crime to occur, the person must have been heard as a witness.

A witness is someone who has knowledge about an event and discloses that information before an authority.

If a person who is not a witness makes false statements, these may be considered under other offenses if the conditions are met, but it does not directly constitute the crime of perjury.

2. Making a Declaration Before the Competent Authority

For the crime of perjury to occur, the false statement must be made before the authorized authorities specified by law.

For example;

• Before the court,
• Before the competent authorities in the context of an investigation or prosecution,

The witness statements given may constitute the subject of the crime.

However, a person giving false information to someone else in daily life does not, in itself, constitute the crime of perjury.

3. Making False Statements

The fundamental element of the crime is the witness giving false testimony.

The crucial point here is whether the witness's statement is objectively untrue. A witness's misremembering of events or a perceptual error does not always constitute a crime.

For example, a person might misremember the date of an event or give an incomplete account of an event they witnessed. In such cases, it should be assessed whether the person acted with the intention of making a false statement.

4. Caste Element

Perjury is a crime that can only be committed intentionally. The witness must know that what they are saying is untrue and still make the statement.

In other words, as a rule, no crime is committed if the witness makes a mistake, is erroneous, or misinterprets the event.

For example, if a witness incorrectly identifies someone they see in a dark environment and makes a false statement because of this misidentification, they cannot be accused of perjury solely on that grounds.

However, if a person knows the truth but makes a different statement with the intention of misleading the court, a crime may be committed.

The Punishment for Perjury and Circumstances Requiring a More Severe Punishment

Perjury is considered a serious crime that hinders the proper administration of justice and undermines the credibility of judicial authorities. Therefore, the Turkish Penal Code prescribes specific sanctions for individuals who give false testimony.

Article 272 of the Turkish Penal Code regulates the basic form of the crime of perjury and prescribes imprisonment if the witness makes a statement contrary to the truth. The type of trial in which the testimony was given, the outcome, and the impact of the testimony are important factors in determining the sentence to be imposed.

One of the key criteria in determining the punishment for perjury is the legal process in which the false statement was made. This is because the effects of perjury in a civil case are not the same as those of perjury in a criminal trial that could have serious consequences.

The Basic Form of the Crime of Perjury

The basic form of the crime of perjury occurs when a witness misleads the court or authorities by making a statement contrary to the truth.

In this case, the perpetrator may be sentenced to imprisonment as stipulated by law. However, when determining the sentence, the court takes into account the specifics of the incident, the intensity of the perpetrator's intent, the impact of the statement on the trial, and other personalization reasons.

For example;

• Making a false statement with the aim of producing a favorable outcome for one of the parties in a lawsuit,
• Deliberately altering a significant part of the event,
• Deliberately misrepresenting information that could influence the court's decision,

This could be considered within the scope of the basic form of the crime of perjury.

Perjury in Criminal Proceedings

In criminal cases, witness testimonies can play a crucial role in determining whether a defendant is guilty or not. Therefore, perjury in criminal proceedings can lead to more serious consequences.

False testimony that could lead to the punishment of an innocent person or the acquittal of a guilty person can directly affect the course of justice.

Especially;

• To enable the defendant to escape punishment,
• To cause an innocent person to be accused,
• To lead to a misinterpretation of evidence,

False testimonies given for this purpose can be considered as circumstances that increase the severity of the crime.

Circumstances Requiring a More Severe Penalty

In cases of perjury, certain circumstances may lead to a more serious assessment of the offense. The legislator has prescribed different penalties depending on the importance of the legal process affected by the testimony.

The consequences of perjury, especially in criminal proceedings, can be more severe because a person's freedom, honor, and reputation can be directly affected.

For example, a person;

• Knowingly giving false testimony in favor of another person who is accused of a serious crime,
• Making a false statement that could lead to the punishment of an innocent person,

It may be subject to more rigorous evaluations.

The important point here is not merely that a false statement was made, but its impact on the trial and the consequences it produces.

The Difference Between Perjury and Defamation

The crimes of perjury and defamation are sometimes confused in practice. Although both crimes involve statements contrary to the truth, their legal characteristics and elements are different.

Defamation is the crimeof attempting to initiate an investigation or prosecution against a person by reporting to the authorities a crime that the person knows they did not commit.

The crime of perjury is when a person makes a statement contrary to the truth while being questioned as a witness.

The fundamental difference between the two crimes lies in the capacity and stage in which the person acts.

For example;

• If someone goes to a police station and knowingly reports that another person has committed a crime, this could constitute defamation.
• If a person makes a false statement while being questioned as a witness in court, this may constitute the crime of perjury.

Therefore, the stage at which the event occurred and the legal status of the individual are of great importance.

The Right to Refuse to Testify and Perjury

The legal system grants certain individuals the right to refuse to testify. Under specific circumstances, these individuals are not obligated to testify.

For example;

• Some relatives of the defendant,
• Individuals who possess information that falls under the category of trade secrets as defined by law,

They may refuse to testify in certain circumstances.

However, if a person who has the right to refuse to testify chooses to testify instead of exercising that right, they remain responsible for the accuracy of their statements.

In other words, the right to refuse to testify does not mean that a person has the right to make false statements.

Active Repentance and Perjury

In cases of perjury, the perpetrator's subsequent disclosure of the truth may have legal consequences.

The law includes specific provisions aimed at mitigating the negative consequences of perjury and ensuring that justice is served properly.

The witness;

• His later revelation of the truth,
• Correcting his false statement,
• It prevents wrong decisions from being made

In some cases, this can be important in terms of criminal liability.

However, the specifics of the event and the timing are crucial for the application of the provisions on effective repentance. They are not automatically applied in every case.

The Crime of Perjury in Supreme Court Jurisprudence

In Supreme Court rulings, particular importance is given to the element of intent when evaluating the crime of perjury .

According to the established practice of the Supreme Court of Appeals, merely providing contradictory or erroneous statements by a witness is not sufficient for the crime to be constituted. It must be demonstrated that the witness knowingly and willingly made false statements.

For example, if a witness misremembers events, confuses certain details over time, or makes a perceptual error, they cannot be directly accused of perjury.

Conversely, it is accepted that the elements of the crime may be present if the witness, knowing the truth, deliberately makes different statements with the intention of misleading the court.

In Supreme Court rulings, the impact of witness testimony on the outcome of the case, the nature of the testimony, and the specifics of the event are also taken into consideration.

Conclusion

The crime of perjury is a significant offense designed not only to protect individual rights but also to directly safeguard the credibility of the justice system. Witnesses providing truthful and accurate testimony is crucial for courts to ascertain the material truth.

If a person gives false testimony for the purpose of gaining an advantage, protecting another, or causing harm, this can lead to a wrongful outcome in the trial and serious loss of rights.

Therefore, when evaluating perjury, not only should the statement be considered whether it is false, but also the person's intent, the process by which the testimony was given, the resulting outcome, and its impact on the administration of justice.

The crime of perjury, punishable under the Turkish Penal Code, constitutes an important area of ​​protection for judicial authorities to make correct decisions and for the maintenance of legal certainty.