BRIEF CONSIDERATIONS REGARDING DECISION NO. 457/2023 OF THE CCR REGARDING THE WITHDRAWAL OF FALSE TESTIMONY
BRIEF CONSIDERATIONS REGARDING DECISION NO. 457/2023 OF THE CCR REGARDING THE WITHDRAWAL OF FALSE TESTIMONY

Summary/Abstract: The statement given by the witness is of particular relevance because most of the time the end of a judicial procedure can be decisively influenced by the information provided by a person who has such a quality. False testimony is a crime against the administration of justice, through which both social relationships that concern trust in the conduct of the justice act, as well as those that refer to interpersonal trust, are endangered. However, the legislator is strict in sanctioning the facts of a distorted account of the events in which the witnesses take part, there are cases in which they can be left unsanctioned if a series of requirements provided by law are met, regarding the possibility of non punishment cases. The moment up to which these causes of non punishment can produce effects is very important, since the legislator did not establish it by chance, taking into account a series of well determined criteria. The legislator has established a distinction regarding the non sanctioning of false testimony committed under certain conditions specific to civil law, as well as in a certain criminal framework, the distinction being the moment when the statement of false testimony is withdrawn.

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