Statements are very important within the law. Making a false statement under oath is therefore punishable and is described in the Penal Code in article 207 as perjury. In principle, perjury is punishable by up to six years in prison or a fine of the fourth category (€25,750). If it involves a false statement in a criminal case to the detriment of the defendant or suspect, the penalty may be up to a term of imprisonment of up to nine years or a fifth category fine (€103,000).
An example of perjury would be when a witness in a criminal case is called to testify under oath whether he saw the defendant at the scene of a crime. Although the witness knows that he did not see the defendant at that location, he states under oath that he did see the defendant present at that location. This false statement under oath is intended to prejudice the suspect and may result in a conviction based on false information. By intentionally making a false statement, the witness is guilty of perjury under Article 207 of the Penal Code.
What does the article of law say regarding perjury?
The law article criminalizing perjury, Article 207 of the Penal Code, reads as follows:
'He who, in the cases where a statutory provision requires or attaches legal effect to a statement under oath, orally or in writing, in person or by a person specially authorized to do so, intentionally makes a false statement under oath, shall be punished by imprisonment for a term not exceeding six years or a fine of the fourth category.
If the false statement was made in a criminal case to the detriment of the defendant or suspect, the guilty party shall be punished by imprisonment for a term not exceeding nine years or a fifth category fine.
Equivalent to the oath is the promise or affirmation which under the law takes the place of the oath.'
What penalties can be imposed for perjury?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for perjury is six years. In the case of a criminal case, it is nine years. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected perjury. One of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted perjury punishable?
Attempting this crime is not punishable.
Exoneration for perjury?
With regularity, suspects are acquitted of this crime. An example is shown below.
In a criminal case, a defendant was on trial for perjury for allegedly stating under oath that she had spoken to only one potential financier. The defense argued that the indictment was insufficiently clear, but this was rejected by the court. Ultimately, the court ruled that it could not be proven that the defendant had intentionally made a false statement, because it could not be proven that she had spoken to multiple financiers. The defendant was therefore acquitted.
Need a lawyer for perjury?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you at the time you are suspected of perjury. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve your desired success. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Want to read more about:
