Perjury & False Testimony: Defense Guide in Spain

The offense of perjury/false testimony is not a simple lie; it is a direct attack on the administration of justice. As criminal lawyers specialized in perjury/false testimony offenses, we know that many proceedings are triggered by poorly managed contradictions or witness stress, not necessarily by any real criminal intent.

Who Can Commit This Offense

The offense is committed by a witness who departs from the truth in testimony given in judicial proceedings. The statement must relate to facts that are relevant to the case: inaccuracies on peripheral or secondary points do not carry the same weight as a falsehood capable of influencing the outcome of the proceedings. This materiality requirement is often the first line of defense to explore.

The Subjective Element: Intent

It is not enough to depart from the objective truth. The Spanish Supreme Court requires proof of the awareness of lying (intent). A misperception, a memory lapse or an inaccuracy are not crimes. The defense must focus on undermining the malicious intent of the defendant.

In practice, the defense works by reconstructing the context of the statement: how much time had passed since the events, what the witness could actually perceive from their position, and whether the alleged contradiction can be explained by stress, fatigue or the pressure of cross-examination. A contradiction between two statements is not, by itself, proof of a lie; the prosecution must establish which of the statements was false and that the witness knew it when testifying.

Timely Retraction

Article 462 of the Spanish Criminal Code (CP) offers a unique way out: if the witness retracts and tells the truth before judgment is delivered in the main proceedings, they are exempt from punishment. It is vital to act quickly.

The retraction must take place before the court hearing the main proceedings and must amount to a genuine rectification: telling the truth, not merely qualifying or softening the earlier account. Acting through counsel allows the rectification to be framed correctly and presented at the right procedural moment.

How These Cases Usually Start

Proceedings for perjury/false testimony are usually triggered by the court that heard the testimony, which refers the matter for investigation when it detects a serious contradiction, or by one of the parties to the original case. The new proceedings are separate from the original ones: the witness becomes a suspect and acquires the full rights of the defense, including the right not to incriminate themselves.

Defense Strategies

• Attacking intent: showing that the inaccuracy stems from a perception error, a memory failure or a misunderstanding of the question.
• Materiality: arguing that the statement concerned peripheral facts with no capacity to influence the decision.
• Timely retraction: assessing whether the exemption of Article 462 CP is still available and preparing the rectification properly.
• Context of the statement: documenting the conditions in which the testimony was given (stress, ambiguous questions, defective interpretation).