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.
Offences against administration of justice
Giving false testimony
National penalties - offences against the administration of justice
National penalties - maximum penalty
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