GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 5
Offences committed abroad against domestic legal interests

10. false testimony, perjury and false sworn affidavits (Sections 153 to 156) in proceedings pending before a court or another German authority within the territory of the Federal Republic of Germany that has the authority to administer oaths or affirmations in lieu of oath ;

SPECIAL PART

CHAPTER NINE
FALSE TESTIMONY AND PERJURY

Section 153
False testimony

Whosoever as a witness or expert gives false unsworn testimony before a court or other authority competent to examine witnesses and experts under oath shall be liable to imprisonment from three months to five years.

SPECIAL PART

CHAPTER NINE
FALSE TESTIMONY AND PERJURY

Section 156
False sworn affidavits

Whosoever before a public authority competent to administer sworn affidavits, falsely makes such an affidavit or falsely testifies while referring to such an affidavit shall be liable to imprisonment not exceeding three years or a fine.

SPECIAL PART

CHAPTER NINE
FALSE TESTIMONY AND PERJURY

Section 153
False testimony

Whosoever as a witness or expert gives false unsworn testimony before a court or other authority competent to examine witnesses and experts under oath shall be liable to imprisonment from three months to five years.

Section 154
Perjury

(1) Whosoever falsely takes an oath before a court or another authority competent to administer oaths, shall be liable to imprisonment of not less than one year.

(2) In less serious cases the penalty shall be imprisonment from six months to five years.

Section 155
Affirmations equivalent to oath

The following shall be equivalent to an oath :

1. the affirmation in lieu of oath ;
2. any invocation of a previous oath or affirmation in lieu of oath.

Section 156
False sworn affidavits

Whosoever before a public authority competent to administer sworn affidavits, falsely makes such an affidavit or falsely testifies while referring to such an affidavit shall be liable to imprisonment not exceeding three years or a fine.

Section 157
Duress

(1) If a witness or an expert has perjured himself or given false unsworn testimony, the court in its discretion may mitigate the sentence (section 49(2)) or in the case of unsworn testimony order a discharge, if the offender told a lie in order to avert from a relative or himself a danger of being punished or subjected to a custodial measure of rehabilitation and incapacitation.

(2) The court in its discretion may also mitigate the sentence (section 49(2)) or order a discharge if a person not yet competent to take an oath has given false unsworn testimony.

Section 158
Correction of false testimony

(1) The court in its discretion may mitigate the sentence (section 49(2)) for perjury,false sworn affidavit or false unsworn testimony or order a discharge if the offender corrects his false testimony in time.

(2) The correction is no longer in time if it can no longer be used in reaching the decision, if detriment to another has been caused by the offence, or if a complaint has already been laid against the offender or an investigation been initiated.

(3) The correction may be made to the authority before whom the false testimony was given or by whom it is to be evaluated in the proceedings, to a court, a public prosecutor or a police authority.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth