Perjury Defense Lawyer in Georgia | Legal.ge

PerjuryDefense

Can a defendant commit perjury?

No, a defendant has the right to silence and is not sworn in. Therefore, they cannot be charged under Article 370 for lying in their own defense.

What if I correct my statement later?

If you voluntarily admit the truth before the court verdict is delivered, Georgian law exempts you from criminal liability for the initial false testimony.

Is forgetting a crime?

No, perjury requires intent to deceive. An honest mistake or memory lapse is not a crime.

Can I refuse to testify?

Only against close relatives or yourself. Refusing to testify in other cases is a separate crime (Article 371), but not perjury.

Perjury Defense (Article 370): Legal Consequences of False Testimony

Establishing the truth is vital in legal proceedings, which is why Georgian legislation strictly punishes giving false testimony. Article 370 of the Criminal Code provides for liability for intentional false testimony given by a witness or victim, as well as false conclusions by an expert or incorrect translation by an interpreter. It is important to note that the accused (defendant) has the right not to testify against themselves, and therefore cannot be held liable for perjury regarding their own guilt. However, witnesses and victims are obligated to tell the truth after being warned of criminal liability. Perjury charges often arise when a person changes their testimony in court or when their statements contradict objective evidence.

Legal.ge offers services from experienced lawyers to assist you with perjury charges. Our specialists will assess whether the testimony was intentionally false or the result of an honest mistake or memory lapse, which excludes criminal liability.

What Does Perjury Defense Service Cover?

The defense strategy is based on a detailed analysis of facts:

Excluding Direct Intent: The defense works to prove that the person did not intend to lie and that their testimony was caused by misperception or forgetfulness.
Establishing Duress: If false testimony was given due to threats, coercion, or blackmail, this circumstance significantly changes the case.
Utilizing the Exemption Note: Article 370 contains a note: if a person voluntarily admits to giving false testimony before the verdict is delivered, they are exempted from liability. A lawyer will help you use this mechanism timely.
Comparing Testimonies: Comparative analysis of statements given during the preliminary investigation and in court to explain contradictions.

Common Scenarios

Charges often arise in the following cases:

Falsifying Alibi: When a witness tries to cover for the accused by claiming they were together at the time of the crime.
Misidentification: When a victim or witness intentionally misidentifies or fails to identify a person.
Contradictory Statements: When the same person provides radically different information at different stages of the investigation.

Georgian Legal Framework

Article 370 of the Criminal Code provides for imprisonment of up to 4 years. If false testimony is given regarding a serious or particularly serious crime, the sentence increases to 3 to 7 years. It is crucial that the person must have been warned beforehand about liability and must have taken an oath (in court) or signed a warning (during investigation). False information given without such a warning does not constitute a crime under Article 370.

Steps in the Process with a Specialist

Working with a lawyer includes:

Case Review: Examining testimony protocols and audio recordings.
Strategy: Deciding whether to prove a mistake or admit the truth (to gain exemption).
Negotiation: Communicating with the prosecution.
Court: Defending interests during the trial.

Why Legal.ge?

Perjury charges pose a serious threat to a person's freedom. Legal.ge connects you with lawyers who know how to utilize legal exemptions and protect clients from unfair prosecution.