Perjury – definition
In criminal law, perjury is the intentional act of knowingly making a false statement under oath or affirmation, whether orally or in writing, in a judicial or official proceeding. It involves swearing to tell the truth and then deliberately providing false testimony or falsifying evidence about a material matter. Perjury is considered a serious offense because it undermines the integrity of the legal system and the administration of justice.
To constitute perjury, the false statement must be made willfully and knowingly, with the intent to deceive, and it must relate to a material fact-that is, something that could influence the outcome of the proceeding. Accidental misstatements or errors due to faulty memory do not qualify as perjury. The crime can occur in court trials, depositions, affidavits, or other official settings where an oath is required.
Key aspects of the concept
- The individual must take an oath or affirmation to tell the truth in a judicial or official proceeding.
- The person willfully gives a false statement or subscribes to a false written statement they know is untrue.
- The false statement must be material, meaning it could affect the outcome or decision in the proceeding.
- Intent to deceive is crucial; mere mistakes or misunderstandings do not amount to perjury.
- Perjury laws often distinguish between different degrees or types depending on context, such as perjury in federal court or under state law.
- Penalties for perjury typically include fines and imprisonment, reflecting the offense’s gravity.
- Subornation of perjury, the act of persuading or assisting another to commit perjury, is a separate but related crime.
Examples of use of “Perjury”
- A witness lying under oath in court about their whereabouts during a crime.
- Providing false information on an affidavit submitted to a court.
- Contradicting two mutually exclusive statements under oath without admitting the falsity of either.
- Falsely testifying to protect a family member or friend from conviction.
See also
- Subornation of Perjury
- Obstruction of Justice
- False Statements
- Testimony