Definition and Legal Classification of Perjury
Definition Perjury refers in German law to a criminal offense consisting of knowingly making a false sworn statement before a court or another authority authorized to administer oaths. Perjury is governed by Section 154 of the German Criminal Code (StGB) and is classified as a serious offense against the administration of justice. Criminal liability serves to protect the process of discovering the truth and the effective functioning of the judiciary.
Requirements and Elements of the Offense
Taking an Oath
A prerequisite for perjury is always the taking of an oath. Within the meaning of Section 154 StGB, this includes any formal affirmation required by an authorized authority, whether as an oath or as an affirmation in lieu of oath according to Section 156 StGB. A mere false witness statement without an oath does not constitute perjury but is normally punishable under Section 153 StGB.
Perpetrator and Act
Anyone who takes an oath before a court or an equivalent authority can be a perpetrator of perjury, regardless of their capacity as a witness, interpreter, expert, or party in civil proceedings.
Objective Elements of the Offense
The essential requirements for fulfilling the objective elements of the offense are:
- Taking an oath before an authority authorized to administer the oath,
- Falsity of the statement in connection with the subject of the oath,
- Reference to a significant fact.
Subjective Elements of the Offense
Section 154 StGB requires intent and knowledge as subjective elements. This means the false statement must be made deliberately and with the awareness that the actual circumstances are different from what is affirmed under oath.
Legal Consequences and Penalty Framework
According to Section 154 StGB, perjury is punishable by imprisonment of not less than one year. In less serious cases, the court may impose a prison sentence of six months to five years. This legal consequence underlines the significant importance that the law places on the duty to tell the truth in connection with an oath.
Attempted Offense
An attempted perjury is also punishable under Section 154 (2) StGB. The penalty for attempt allows for early intervention even before the offense is completed.
Distinction from Other Offenses
False Unsown Testimony (Section 153 StGB)
Perjury is contrasted with false unsworn testimony under Section 153 StGB, where a false statement is made but not under oath. The penalty threat here is less severe, as no oath is taken.
Affirmation in Lieu of Oath (Section 156 StGB)
Another distinction lies in the false affirmation in lieu of oath under Section 156 StGB, which is also punishable but subject to less severe penalties than perjury.
Procedural Peculiarities
Instruction on Testimony and Oath
Before the administration of the oath, comprehensive instruction is regularly provided regarding the duty to tell the truth and the legal consequences of making a false statement—particularly, the punishability of perjury. This serves to protect the accused and ensure legal certainty in the proceedings.
Withdrawal and Active Remorse
German criminal law contains special regulations concerning withdrawal in cases of attempted perjury. According to Section 158 StGB, the penalty may be mitigated or waived if the perpetrator withdraws in good time or corrects the false statement before its completion.
Rights to Refuse Testimony
Certain persons have statutory rights to refuse to testify, for example, due to family ties to the accused or to avoid self-incrimination. These rights must also be observed in the case of oaths.
Practical Significance and Statistical Relevance
Perjury is a rare but serious offense in Germany. The low number of cases can be attributed to the deterrent effect of severe penalties and the comprehensive instruction of those involved. Nevertheless, the offense of perjury plays an important role in ensuring the proper functioning of court proceedings, the credibility of witnesses, and securing legal peace.
References and Further Regulations
- Criminal Code (StGB), especially Sections 153, 154, 156, 158
- Courts Constitution Act (GVG)
- Code of Criminal Procedure (StPO), especially regarding the duties of instruction and witness testimony
- Commentary on the StGB (e.g. Fischer, StGB)
Summary
Perjury constitutes a serious threat to the administration of justice and is therefore subject to particularly stringent penalties. The legal basis is Section 154 StGB. The requirement is a knowingly false oath given before an authorized authority. The threat of punishment underlines the essential importance of truthful testimony under oath in the German legal system. Procedural safeguards, such as comprehensive instructions and mitigation of penalties for timely withdrawal, serve to ensure the rule-of-law implementation of the offense.
Frequently Asked Questions
What requirements must be met for perjury to be punishable?
For perjury to be criminally relevant, several legal requirements must be met. Firstly, there must be testimony under oath given before a court or another authority authorized to administer oaths in a formal proceeding. The statement must be consciously false, with the perpetrator being entitled or obliged to take the oath. Intent is essential: the person taking the oath must know and want their statement to be untrue and still take the oath. The breaking of the oath must occur in the context of a judicial or similar proceeding—for example, before a court, parliamentary committee of inquiry, or a notarial office authorized to administer oaths. It is irrelevant whether the statement actually influenced the decision in the proceedings; the mere fulfillment of the offense, i.e., the deliberate false statement under oath, is decisive. The statement must also be significant, i.e., it must relate to an important or case-relevant matter.
What is the difference between perjury and simple false testimony?
The key difference between perjury and unsworn false testimony lies in the taking of an oath: in perjury, the accused goes beyond simply making a false statement and confirms the falsehood by also taking a formal oath. Whereas making a false statement before a German court is often already punishable under Section 153 StGB (false unsworn testimony), Section 154 StGB (perjury) only applies if the falsehood is confirmed by a real oath—such as by saying ‘I swear…’. The penalties differ significantly: while unsworn false testimony carries a penalty of three months to five years imprisonment, perjury has a penalty range of at least one year up to a maximum of fifteen years imprisonment. Thus, the legislator recognizes a particularly serious breach of trust against the administration of justice in the act of perjury.
What are the legal consequences of committing perjury?
The criminal consequences of committing perjury are severe. Under German law, a prison sentence of at least one year up to fifteen years may be imposed (Section 154 StGB). Given this minimum sentence, a suspended sentence is generally not possible unless special reasons for mitigation apply, as per Section 49 (1) StGB—in the case of less serious offenses, for example. In addition, a person who is finally convicted may lose certain civil rights in accordance with Section 45 StGB, including eligibility for public office or the right to stand for election. Occupational and social consequences, such as loss of civil servant status or disciplinary measures, are common additional effects. The entry of such a conviction in the (extended) certificate of good conduct can have significant consequences for the convicted person’s professional and social life.
Can withdrawal or an exonerating retraction apply in cases of perjury?
German criminal law provides for special opportunities for exonerating withdrawal in cases of perjury. Under Section 158 StGB, the perpetrator may go unpunished if they correct their false statement in good time, i.e., before the conclusion of the proceeding in which the perjury was committed. The precondition for exemption from punishment is that the correction is made voluntarily and in time, with the cutoff being at the latest the questioning of the last witness in the factual instance or the closing of the taking of evidence in the relevant stage of proceedings. Simply withdrawing a statement is not sufficient; it must be an explicit correction that is brought to the attention of the authority in charge. If the taking of evidence is already closed or the decision has been made, exemption from punishment through subsequent correction is no longer possible.
What role do rights to refuse testimony play in perjury?
Rights to refuse testimony protect witnesses under certain conditions from the obligation to make statements that might incriminate themselves or relatives. If a witness exercises such a right and refuses to testify, they cannot commit perjury, as there is no sworn statement. However, if the witness takes an oath and makes a false statement despite having a right to refuse to testify, any resulting perjury is as punishable as if there were no such right. Criminal liability only ceases if the oath should not have been administered—such as if the right to refuse to testify was overlooked—and the witness should have been advised accordingly.
Is an error about the truth or about a legal circumstance relevant in perjury?
For criminal liability for perjury, it is crucial that the perpetrator acts with intent. An error about facts, i.e., if the person honestly believes their statement to be true, excludes intent and therefore criminal liability for perjury. On the other hand, an error about the legal necessity of taking the oath or about the implications of the oath itself (e.g., ignorance of the offense) is generally irrelevant. However, if the perpetrator knew they were making a false statement and willingly accepted to commit perjury, then the required intent is present.
In which court proceedings is the administration of an oath possible at all?
The administration of an oath—and thus the possibility of committing criminal perjury—is generally possible in criminal, civil, and certain administrative proceedings, such as before committees of inquiry or administrative authorities with appropriate jurisdiction. The oath is typically administered in court to witnesses, experts, and trustees. In civil proceedings, the party oath can play a role; in criminal proceedings, however, the accused has not been obliged to take an oath since 1950. Oaths may also be administered before a notary, for example in land registry proceedings, or before parliamentary committees of inquiry. The prerequisite in each case is that the authority in question is legally authorized to administer oaths.
