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
SUMMARY

The crime of false testimony is one of the crimes which are traditionally found in our criminal legislation, the judicial practice recording also specific situations which required the application of the incrimination text which defined this crime. It can be considered that we are dealing with a crime which can no longer present any difficulties in relation to the interpretation and application... (see full summary)

 
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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,

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