FALSE TESTIMONY
The crime of false testimony is regulated in arts. 458 to 462 of the Penal Code and its typical conduct consists of misrepresenting the truth in a testimony in a judicial case, behavior that is punishable with a prison sentence of 6 months to 2 years and a fine of 3 to 6 months.
Aggravated modalities
The penalty is increased to imprisonment of 1 to 3 years and a fine of 6 to 12 months in two cases:
- If the false testimony is given against the defendant in a criminal case for a crime. In addition, in this case, if as a result of the testimony the Judge issues a conviction, the higher degree of punishment is imposed.
- If the false testimony is produced before International Courts or is committed in Spain when testifying by virtue of a rogatory commission sent by a foreign Court.
On the other hand, the penalties indicated above are imposed in their upper half if the perpetrator of the false testimony is an expert or interpreter who maliciously misrepresents the truth in his or her opinion or translation. In this case, in addition to the prison sentence, the perpetrator shall be punished with special disqualification from public office or profession for a period of 6 to 12 years.
Attenuated mode
When the witness, expert or interpreter, without being substantially untruthful, alters the truth with reticence, inaccuracies or silencing relevant facts or data known to him, shall be punished with a fine of 6 to 12 months and, where appropriate, suspension from employment or public office for a period of 6 months to 3 years. This modality is applicable when the alteration of the truth affects relevant but not essential elements of the statement.
Presentation of false witnesses or mendacious expert witnesses or interpreters
Article 461 of the Penal Code punishes, with the aforementioned penalties, the knowing presentation of false witnesses or mendacious experts or interpreters.
In this case, if the perpetrator of the crime is a lawyer, attorney, social graduate or representative of the Public Prosecutor’s Office, acting professionally or in the exercise of his function, the penalty must be imposed in its upper half and, in addition, the penalty of special disqualification for public employment or office, for a period of 2 to 4 years, is applicable.
Waiver of penalty for recantation
Finally, according to the provisions of Article 462 of the Penal Code, the person who, having given false testimony in a criminal case, retracts in due time and form, stating the truth so that it may take effect before the sentence is pronounced, is exempt from punishment.
However, in cases in which, as a consequence of false testimony, a deprivation of liberty has occurred, recantation does not exempt from punishment, but allows for the application of the lesser penalty in degree.