'Giving false testimony' in document 'Romania - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

The Special Part

Title VII
Crimes and delicts against the accomplishment of justice

False testimony

Art.335 – (1) The act of a perpetrator who, in a criminal, civil or disciplinary cause or in any other cause in which witnesses are heard, makes false statements, or does not tell everything he/she knows regarding the essential circumstances concerning which he/she was questioned, shall be punished by strict imprisonment from one to 5 years.

(2) If the false testimony resulted in a conviction to a penalty of detention exceeding 5 years, the penalty shall be strict imprisonment from one to 5 years, and if the result was a conviction to a penalty exceeding 10 years, the penalty shall be strict imprisonment from 2 to 10 years.

(3) The act in para.(1) or (2) shall not be punished if, in criminal causes, before the defendant’s arrest, or in all cases, before a decision is uttered or another solution is given following the false testimony, the witness shall withdraw his/her testimony.

(4) If withdrawal of testimony occurs in criminal causes after the defendant’s arrest or in all causes after a decision is pronounced or another solution is given following the false testimony, the court shall reduce the penalty according to Art.92.

(5) Para.(1)-(4) shall apply accordingly also to experts or interpreters.

Attempt to determine false testimony

Art. 336 – (1) The attempt to determine a person by coercion or corruption to make false statements or not to testify in a criminal, civil, disciplinary cause or in any other cause in which witnesses are heard, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Para.(1) shall apply accordingly also if the act is committed with regard to an expert or interpreter.

RELEVANT ROME STATUTE PROVISIONS

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