Book Two : Specific Provisions

Title Seventeen: Felonies and Misdemeanours against the Administration of Justice

Art. 306

1 Any person who is a party to civil proceedings and, following an express caution by the judge that he must tell the truth and notification of the penalties for failure to do so, gives false evidence in relation to the case is liable to a custodial sentence not exceeding three years or to a monetary penalty.

2 If the offender testifies on oath or affirmation, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than 90 daily penalty units.

Art. 307

1 Any person who appears in judicial proceedings as a witness, expert witness, translator or interpreter and gives false evidence or provides a false report, a false expert opinion or a false translation in relation to the case is liable to a custodial sentence not exceeding five years or to a monetary penalty.

2 If the statement, report, expert opinion or translation is made on oath or affirmation, the penalty is a custodial sentence not exceeding five years or a monetary penalty of not less than 180 daily penalty units.

3 If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty not exceeding 180 daily penalty units.

Art. 308

1 If the offender makes his false accusation (Art. 303), false report of an offence (Art. 304) or testimony (Art. 306 and 307) of his own accord and before it has caused any legal detriment to others, the court may reduce the sentence (Art. 48a) or waive a penalty.

2 If the offender perjured himself (Art. 306 and 307) because by testifying truthfully he or his close relative would risk prosecution, the court may reduce the sentence (Art. 48a).

Art. 309

Articles 306–308 also apply to :

a. the administrative court proceedings, arbitration proceedings and proceedings before public authorities and public officials who are entitled to examine witnesses ;
b. proceedings before international courts where Switzerland rec¬ognises their mandatory jurisdiction.

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