Perjury is the deliberate giving of an incorrect statement under oath. This offence undermines the reliability of legal proceedings and is therefore severely punished.
Definition of perjury
According to Article 207 of the Criminal Code (Sr), perjury is intentionally lying after taking an oath or promise. This can occur in situations such as:
- As a witness during a hearing in court
- During an interrogation by the examining magistrate
- During an official parliamentary inquiry
- When drawing up a notarial deed (Article 227 Sr)
Penalty
For perjury, a prison sentence of up to 6 years may be imposed. In practice, the penalty depends on the impact and severity of the false statement.
No oath taken?
If you are not under oath and still give an incorrect statement, it is not perjury. However, it may still be punishable if:
- Forgery (for written documents)
- Obstruction of justice (Article 285a Sr)
Right to refuse to give evidence and perjury
In some cases, a witness may remain silent under the right to refuse to give evidence, for example to avoid self-incrimination. However, this does not justify committing perjury.
Impact on legal proceedings
If perjury is discovered, this can lead to a revision of the relevant case. In addition, the perpetrator risks criminal prosecution.
Investigation by the prosecution service
A judge may file a report of suspected perjury themselves. The Public Prosecution Service (OM) then initiates an investigation to determine whether the statement was intentionally false.
Frequently asked questions about perjury
What distinguishes perjury from a false statement without an oath?
Perjury involves a deliberate lie under oath, for example in a court case. Without an oath, a false statement may still be punishable as forgery or obstruction of justice, but the penalty is often less severe.
Am I liable for perjury for an unintentional mistake?
No, perjury requires intent. An honest mistake or incorrect recollection does not constitute perjury, although it may damage your credibility in the case.
What are the consequences of perjury in a court case?
If perjury is proven, you risk up to 6 years in prison. The case in which you lied may be reopened, and the OM may initiate a separate investigation. You may also be held liable for any damage.
Is lying to protect a family member permitted?
No, perjury remains punishable, even with a personal reason. You may invoke the right to refuse to give evidence to remain silent, but this must be done explicitly and is assessed by the judge.
How does an investigation into perjury proceed?
If a judge suspects perjury, he may file a report. The OM then investigates through interrogations and evidence whether the statement was deliberately false. If there is sufficient evidence, prosecution follows.
For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Cases involving perjury fall under the District Court of The Hague, to which Zoetermeer is subordinate.