What Punishment is Set for Giving a False Testimony?

Pursuant to the Article 338 of RA Criminal Code, obviously false testimony of the witness or the aggrieved person during the preliminary investigation or in court, or the expert’s obviously false conclusion, as well as, the translator’s obviously incorrect translation, is punished with a fine in the amount of 100 to 300 minimal salaries, correctional labor for up to 2 years, or with arrest for the term of up to 3 months.
The same action that:
1) Involved charges of committal of a grave or particularly grave crime;
2) Was accompanied with artificial creation of evidence of the prosecution;
3) Committed with mercenary purposes, is punished with imprisonment for the term of up to 5 years.
Pursuant to 1 and 2 points of the article, In cases envisaged in law, the person who refuses to testify is not subject to criminal liability, provided he during the preliminary investigation or court trial, prior to the sentence or ruling of the court, made a voluntarily statement about the falsehood of his testimony, conclusion or translation.


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