Book Two
Felonies, Misdemeanors, Obscenities and its Punishments
Section One
Felonies and Miedemeanots Against Public Interest
CHAPTER TWENTY-SEVEN
False Testimony
Article 382 :
If a person, under oath or affirmation, intentionally denies the truth, declares false statement, conceals the whole or part of the events pertaining to his testimony, his testimony,- shall be considered false.
Article 383 :
(1) A person who presents false testimony concerning a crime as a result of which benefit or loss is incurred on the offender, shall be sentenced to medium imprisonment of not loss than two years and shall be fined an amount not exceeding twenty four thousand Afghanis.
(2) If as a result of false testimony the accused is convicted the witness shall be sentenced to the same punishment to which the convict has been sentenced.
(3) A person who presents false testimony in a non—punitive case or to officials of public services, shall be sentenced to short imprisonment, not less than three months, and shall be fined an amount not exceeding ten thousand Afghanis.
Article 384 :
A person who, for the purpose of presenting false testimony, requests or accepts a gift or something else and the person who offers the gift or acts as a mediator, shall be both sentenced to the anticipated punishment of the crime of bribery or the crime of false testimony, whichever punishment is more severe.
Article 385 :
The following persons shall be sentenced to the anticipated punishment of false testimony :
1. A person who compells a witness through coercion, seduction, or any other moans to present false testimony oven-though his intended aim is not fulfilled.
2. A person who as a result of a promise, gift, or deceit, abstains from presenting testimony.
Article 386
The following persons shall be sentenced to the anticipated punishment of false testimony :
I. A person who is appointed, by a court or officials of law, as an export or interpreter and, intentionally, through any means, alters the truth.
2. A person who dissimulatively interprets (translates) a document which can possibly be used by the court for establishing the truth.
3. A person who issues or signs a dissimulated document, cognizant of the fact that it is dissimulated, to be used in a judicial case ; except, if issuing and signing of the document is legally permissible.
4. A person who uses a dissimulated document, certificate, declaration, recipt, or any other dissimulated object in a judicial investigation or case.
5. A person who during an investigation or a court case registers matters contrary to facts on records, files,or other papers and documents which can be used for establishing the truth, as a result of which the verdict of the court is altered.
Article 387 :
The following are considered extenuating excuses :
1. The return of the witness from false testimony and disclosure of facts prior to the final verdict of the court or prior to the final decision of the investigation council.
2. If the disclosure of truth imperiiS the witness such that his dignity or freedom is to bo damaged, or his spouse, one of his root and branchos, brother or sister is endangered.
Article 388 :
The provisions pertaining to false testimony are not applicable to a person whose testimony is not necessary or to a person legally required to abstain from testifying.
Offences against administration of justice
Giving false testimony
EDIT.