Scholarly record

THE OFFENCE OF FALSE TESTIMONY UNDER POLISH CRIMINAL LAW

M. Treder

Abstract

The offence of false testimony is codified in Chapter XXX Article 233 of the Polish Criminal Code: “Offences against the Administration of Justice”. This liability is dependent on the person taking the testimony, while acting within his or her authorisation, must have warned the person testifying about the criminal liability for giving false testimony, or must have obtained a relevant oath. Prior to 2016, the perpetrator of this crime was liable to imprisonment for between six months and three years, but the 2016 amendment of the Criminal Code increased the penalty to imprisonment for six months to eight years. The offence requires testimony to serve as evidence in court proceedings, or any other proceedings conducted on the basis of any law. Moreover, this legislation applies not only to giving false testimony, but also to the act of concealing the truth. Article 233 further covers sanctions against experts or translators who provide false evidence at these proceedings arising from their opinions and translations. Their liability under this Article has escalated from imprisonment for up to three years before 2016 to the current imprisonment sentence of one to ten years.

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