The Crime of Perjury: Lying on the Stand and Its Consequences
In this article
Key Takeaways
- Prison sentence for lying
- The accused does not commit perjury
- Difference with slander
- Deduction of testimony
Perjury (Art. 458 CP) punishes a witness who lies in judicial proceedings with six months to two years' imprisonment and a fine, and one to three years where the testimony is given against the defendant in a criminal case for an offence. Experts and interpreters receive those penalties in their upper half, plus six to twelve years' special disqualification (Art. 459 CP). The accused does not commit this offence.
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The oral trial is the search for material truth. Therefore, the Criminal Code punishes with extreme severity anyone who attempts to corrupt that search through lies. The crime of perjury (Art. 458 et seq. CP) is a powerful but also complex tool that protects the reliability of personal evidence (witnesses, experts).
Who Can Commit the Crime? Witnesses, Experts, and Interpreters
The perpetrator of this crime is specific. It can only be committed by:
- Witnesses: People who testify about facts they have witnessed. They have a legal obligation to tell the truth after swearing or promising to do so.
- Experts or Interpreters: Professionals who contribute their technical or linguistic knowledge to the process. They falsify the truth if they maliciously mistranslate or issue an expert report knowing its falsity.
A witness faces imprisonment from 6 months to 2 years and a fine of 3 to 6 months. If the false testimony is given against the defendant in a criminal case for an offence, the penalty rises to imprisonment from 1 to 3 years and a fine of 6 to 12 months (and if someone is convicted as a result, the penalty one degree higher applies). Experts and interpreters who maliciously depart from the truth receive those penalties in their upper half, plus 6 to 12 years' special disqualification (Art. 459 CP).
The Accused's Fundamental Right Not to Tell the Truth
It is one of the great paradoxes and guarantees of our system: the accused cannot commit the crime of perjury. Their right to a defence (Art. 24 CE) includes the right not to testify against themselves and not to confess guilt, which protects their right to lie in their own statement. They are not sworn in and cannot be prosecuted for it. This does not mean that lying benefits them; if they are caught in an obvious lie, their credibility before the judge plummets, but no new case is opened against them.
Beware of False Alibis
If the accused, in order to lie, presents a friend who corroborates their false alibi, the accused does not commit a crime, but their friend does. They would be charged with the crime of perjury as a witness.
The 'Deduction of Testimony': How to Act Against a Lie
If, during a cross-examination, we as lawyers detect that a witness for the opposing party is blatantly lying, our strategy is to corner them with incisive questions until their contradiction is evident. At that moment, at the end of the cross-examination, we request the Judge to "deduce testimony". This means the Judge orders a copy of the trial recording to be sent before the duty judge to investigate the witness for a possible crime of perjury. It is the most powerful weapon to discredit a mendacious witness in real-time.
Consequences for the Main Process
If it is proven that a conviction was based on testimony that was later proven to be false, a Writ of Review can be filed with the Supreme Court, an extraordinary way to annul the final judgment and hold a new trial. It is one of the few cases that allow breaking the 'res judicata'.
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Official text: article 458 of the Spanish Criminal Code (BOE)
Frequently asked questions
Who can commit the crime of perjury?
The perpetrator is specific: witnesses who testify about facts they have witnessed, and experts or interpreters who contribute their technical or linguistic knowledge. They falsify the truth if they testify, translate or report knowing it to be false. A witness faces six months to two years' imprisonment and a fine, and one to three years where the testimony is given against the defendant in a criminal case for an offence (Art. 458 CP); experts and interpreters receive those penalties in their upper half, plus six to twelve years' special disqualification (Art. 459 CP).
Can the accused commit perjury if they lie?
No. The right to a defence (Art. 24 CE) includes not testifying against oneself and not confessing guilt, so the accused is not sworn in and cannot be prosecuted for lying in their own statement. What is true is that an obvious lie can destroy their credibility before the court.
What is the 'deduction of testimony'?
It is the request to the judge that, on detecting a witness lying blatantly, they order a copy of the trial recording to be sent before the duty judge (juez de guardia; formerly the duty court, Juzgado de Guardia) so that the witness is investigated for a possible crime of perjury. It is a tool to discredit a mendacious witness in real time.
What happens if a conviction was based on false testimony?
If it is proven that the conviction rested on testimony later proven false, a writ of review can be filed with the Supreme Court, an extraordinary avenue that allows a final judgment to be annulled and a new trial to be held, breaking the res judicata.
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