Issues of controversial practice referring to the crime of false testimony

• Author: Mirela Gorunescu
• Position: Associate Professor, PhD, Faculty of Law, 'Nicolae Titulescu' University, Bucharest
• Pages: 116-123

LESIJ NO. XXVI, VOL. 1/2019

ISSUES OF CONTROVERSIAL PRACTICE REFERRING TO THE CRIME OF

FALSE TESTIMONY

Mirela GORUNESCU

Abstract

The crime of false testimony is one of the crimes which are tr aditionally found in our cr iminal

legislation, the judicial pr actice recording also specific situa tions which required the applica tion of

the incrimination text which defined this crime. It can be consid ered that we are dea ling with a crime

which can no longer present a ny difficulties in relation to the inter pretation a nd applica tion of the

incrimination nor m with regar d to the par ticular deeds committed. However, many elements are still

encountered with respect to the interpreta tion of the incrimination norm, which gen erate different

solutions of application, a fact which –in accor dance with the rigors of the criminal law- is not to be

desired. This study appr oaches two of these issues, na mely the juridical significance of the r efusal of

the per son hear d as a witness to give a ny sta tements in such ca pacity and, on the other ha nd, the

possibility of the realization of a formal concurrence of crimes when the person summoned as a witness,

through his/her false or incomplete statement intends to crea te a situation more favora ble to a person

regar ded by the factual situation.

Keywords: false testimony; crimesăagainstă theă serviceă ofă justice;ă witness’ă refusală toă giveă aă

statement; the privilege aga inst self-incrimination; favoring through a false testimony.

1. General Issues

The crime of false testimony is

provided under Art. 273 of the Criminal

Code in a standard version and in an

aggravated version. According to Art. 273

para. (1) of the Criminal Code, standard

false testimony is represented by the deed

perpetra ted by a witness who, within a

criminal ca se, civil case, or any other

procedur e wherein witnesses ar e hea rd,

makes deceitful sta tements or fails to tell

everything s/he knows in relatio n to the facts

or essential circumstances s/he is questioned

about.

The aggravated version constitutes,

according to para. (2), the false testimony

 Associate Professor, PhD, FaМultвă oПă Laа,ă “Nicolae Titulescu” University, Bucharest (e-mail:

mire_gor@yahoo.com).

given: a) by a witness with protected identity

or found in theă Witness’ă Protectionă

Progr am; b) by an undercover investigator ;

c) by a person who prepar es an expert

appra isal repo rt or by an interpreter; d) in

connection with a deed for which the la w

provides the p enalty by imprisonment or

imprisonment for 10 years or longer .

In accordance with doctrinarian

opinions, the crime of false testimony has as

its special juridical object the social relations

regarding the proper service of justice. The

crime can also have a secondary juridical

object, consisting i n the social relations

regarding certain essential attributes of the

person (dignity, liberty) or in the social

relations with a patrimonial character,